MARIJUANA – SCHEDULE X IN THE UNITED STATES

DRAFTING – VERSION 1

January 9, 2018


PRELUDE

i. Amendments such as Rohrabacher–Blumenauer are essential in acting as a barrier between the Justice Department and federal law enforcement until bills such as the Respect State Marijuana Laws Act are passed by Congress.

ii. If this amendment is allowed to lapse without reauthorization, it hurts the countless patients in states that have passed marijuana reform laws, and threatens further research into the medicinal properties of marijuana.

iii. This would also put the United States behind Canada, Germany, Australia, and Israel who have legalized medical marijuana on a federal level and are leading the race in marijuana therapy research and development.

iv. We need to leave marijuana to the states, end the federal prohibitions on medical marijuana, and allow the possession, production, and distribution of medical marijuana in states with established marijuana laws.

IMPLEMENTATION – FEDERAL

I. The President signs an Executive Order designating “marihuana” in the Controlled Substances Act to Schedule X. The spelling shall also be changed to marijuana.

II. Congress shall pass a law that does the following:

a. Schedule X drugs shall be considered unscheduled in states that have legal medical or adult use programs.
b. Schedule X drugs shall be considered Schedule 1 in states that have not passed any laws which legalize marijuana for any use.

II. Authorize DOJ to pursue Schedule X crimes in states that have not legalized marijuana for any purpose.

III. The law shall specifically remove 280E designation for all legal Schedule X businesses and will provide such entities access to banking and merchant services.

IV. Schedule X medical businesses shall be required to register with the Department of Health and Human Services.

V. Schedule X adult use businesses shall be required to register with the Department of Treasury.

VI. Schedule X certificates shall be mailed by the certifying agency.

VII. Schedule X certificates are only revoked if the business loses its state license.

IMPLEMENTATION – INDUSTRY

I. Marijuana businesses shall not use graphics that are attractive to minors.

II. Marijuana businesses shall implement policies and procedures to decline service to patients and customers who show intent to transport or ship marijuana across state lines.

III. Marijuana businesses shall pay all federal income taxes, local and state taxes in a timely manner.

IV. Marijuana businesses shall use third party testing by legitimate laboratories to ensure that products are safe and not contaminated.

V. Marijuana businesses shall comply with all local and state laws and shall not engage in interstate commerce.

VI. Marijuana businesses shall comply with FDA structure/function guidelines and include appropriate disclaimers when describing the effects of all products.

The above is a speculative future rescheduling scenario but one that would be the most palatable for federal & state legislators based on my analysis of the current trends in the United States.