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Trump And U.S. Cannabis Rescheduling: The Compliance Reality For Existing Operators

Source: Forbes

Article by: Robert Hoban

PART 1:

The U.S. cannabis industry stands at a crossroads. With the federal government weighing whether to reschedule cannabis from Schedule I to Schedule III, operators, investors, and policymakers face unprecedented uncertainty.

The decision matters more than symbolism. Rescheduling could usher in regulatory legitimacy, tax relief, and capital access — or it could impose compliance burdens that push smaller players out of the market. Conversely, failure to act would deepen the patchwork chaos of federal prohibition, leaving states and operators adrift.

This three-part series explores the realities, opportunities, and risks of rescheduling. In Part I, I examine the compliance burden existing operators will face. Part II looks to the opportunities and limitations that come with rescheduling. Part III imagines the chaos to the state-regulated industries that could result in the event of rescheduling, or worse yet, de-scheduling. Together, these pieces form a roadmap for navigating cannabis’s uncertain but inevitable journey forward. And, as you know, sometimes the light’s all shinin’ on me, other times I can barely see.

“Sometimes the songs that we hear are just songs of our own.” These words echo faintly in the background as cannabis faces one of its most pivotal transitions yet: the potential move from Schedule I to Schedule III under the Controlled Substances Act. For decades, the industry has thrived—sometimes barely survived—in a paradoxical environment where state-level legality danced uneasily with federal prohibition. That uneasy tune may be about to shift, and for existing operators—whether in Denver or Durban, Toronto or Tangier—the refrain will be compliance.

By way of background, on August 11, 2025, President Trump confirmed that his administration is “looking at” reclassifying cannabis from Schedule I to Schedule III under the Controlled Substances Act. He acknowledged the issue is “very complicated”—noting that some strongly oppose the idea while others praise cannabis’s medical value—but his willingness to even consider rescheduling marks a dramatic shift from past rhetoric. Trump once described cannabis as dangerous and a threat to young people’s development, yet now frames it as a substance that may warrant less restrictive control.

This evolution is not accidental. For years, Trump’s cannabis stance has been mixed—at times promising to respect state-level rules or improve banking access, at other times warning of cannabis’s harms. The current openness reflects mounting pressure from industry lobbying, shifting public opinion, and the reality that 38 states now regulate cannabis in some form. In many ways, this is less about personal conviction and more about aligning federal posture with political and economic momentum.

If cannabis is moved to Schedule III, the implications are profound. It would acknowledge cannabis’s medical use and lower abuse potential, unlocking relief from IRS 280E tax penalties, improving banking access, and expanding research opportunities. But it would definitely not legalize recreational cannabis nationwide. States would still govern access, DEA oversight would remain, and businesses would face the daunting task of complying with FDA standards and pharmaceutical-level GMP requirements. Rescheduling is a step forward—but not the final destination.

The reality, however, is that rescheduling isn’t something a president can simply declare. The process requires coordinated evaluations from HHS and FDA, followed by DEA rulemaking and a public comment period. Legal challenges are likely, and procedural snags already delayed the Biden-era effort. Trump’s statement that a decision could come “in the next few weeks” is aspirational at best.

For cannabis businesses, the message is clear: prepare for a compliance-heavy environment. Relief from punitive tax rules could fuel profitability, but only for those ready to meet the federal government’s new demands. Much like the broader global trend, the U.S. is slowly beginning to tune its instrument for a different kind of performance. The wheel is turning—what remains to be seen is whether American operators are ready to keep pace.

The main point here is that rescheduling is not legalization. It’s not even a clear invitation to participate in a normalized federal marketplace. Instead, it’s a reclassification that drags the cannabis sector out of the shadows of total prohibition and into a pharmaceutical-style framework. That means DEA registration, FDA oversight, and full compliance with Good Manufacturing Practices (GMP). For an industry built on entrepreneurial grit, cultural rebellion, and patchwork state rules, the compliance reality is going to feel like a sharp turn in the music.

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