NCIA Comments on Federal Marijuana Rescheduling

On behalf of over 500 member-businesses NCIA has submitted extensive public comment to the Department of Justice in support of the proposed rule to reclassify marijuana from Schedule I to Schedule III in the Controlled Substances Act.

We are calling on the DEA reschedule, without delay and to issue guidance to federal agencies to ensure state-based cannabis programs are not disrupted by inappropriate federal enforcement.

Download our full comments here.

Moving cannabis to Schedule III would be a historic step forward and a significant relief for the industry, as the unfair tax burden of 280E would no longer apply to state-legal businesses. However, rescheduling is not the end of the road. As an industry, we must continue to advocate for federal legalization and sensible regulations for marijuana and hemp-derived cannabinoid products.

During the DOJ’s sixty-day public comment period on rescheduling, nearly 40,000 comments were submitted by various agencies, organizations, academics, and concerned citizens. An overwhelming 91% were submitted in favor of moving cannabis to a less restrictive Schedule or making it legal under federal law, according to an analysis of the data conducted by NCIA member and leading market intelligence and consumer trends platform, Headset.

The analysis found that among those supporting a change 56% advocated for complete descheduling of cannabis and 35% supported rescheduling to a less restrictive category.