Check out my previous post for more info on how rescheduling could affect things.
Here is a summary…
At a federal level, Schedule I drugs are not managed by the FDA because they are deemed to have no medical purpose. Moving to Schedule III means the FDA has jurisdiction and CAN regulate it how they see fit, including fee requirements. Plus, even though legal recreational in many states, the FDA can make that all go away at a federal level. tyhey could leave recreational in place, but rule NO citizen can legally grow.
It’s a Pandora’s box. Keep in mind, too, under the current administration, the FDA may choose to make medical cannabis legal in every state and ignore recreational use, but a future administration could choose to bring the hammer down.
Edited to add: Although the current and previous administrations going back to Obama chose to have the DEA ignore enforcement while Cannabis is Schedule I, a future administration always has the option to completely reverse that and start arresting home growers, too, so we’re still in a Pandora’s Box situation. The only difference is, Schedule III brings the FDA into the mix and pretty much makes DEA involvement obsolete.
Am I wrong or were you in favor of outright legalization, rather than rescheduling?
Outright legalization will bring most of that parade of horribles. Big money taking over? Check. The FDA having some sort of regulatory oversight? Check.
Again… it’s federally illegal now. Sure, the FDA could and very well likely will adopt regulations and red tape that affects the industry… but would the FDA making a rule banning homegrows substantively change the status quo? You don’t see much federal enforcement against homegrows now… it’s hard to imagine the FDA being involved would ramp that up.
I am in favor of rolling back the unjust laws to what they were before all the lies.
Simply repeal all the unjust laws that are based on lies.
That, my friend, will never happen. The government will want their piece of the pie, and they’ll make laws to make sure they get it.
There’s a province up here, I won’t say which one but it starts with a Q that has forbidden homegrowing. The general consensus though is fuck off. I’ve given many of them seeds, and apparently it’s illegal to send them there through the mail…oops.
I do not disagree.
And there inlies the problem, this is about the money and nothing more.
As you see they continue to lie to us.
Why do we tolerate these lies?
Because they are better lies than the lies we had before.
What is wrong with doing what is right?
Anything else based on more lies leads to more unjust laws.
I see no reason to accept unjust laws based on lies.
Even if they are new and improved lies.
Collecting fines from home growers, which is what the regulation will really be about, is a motivating factor for the FDA to shut down home grows.
Very true!
I wonder how many of us would still grow if the fine was $100,000. and a 5 year felony when you can buy weed in a store very cheap.
Like @Foreigner pointed out, we vote for inadequate cannabis legalization and then go back underground to do illegal shit.
That makes no sense to me.
To me it would be better to have a proper form of legaization.
For the people, of the people and by the people.
Today it is all about the money.
I did a little reading and where I am, if you are over your limit by a reasonable amount they just make you destroy them. Not even a fine. Although who defines what is reasonable? Who knows.
That’s a state level thing. If the FDA determines no unregulated grows of any amount of plants are allowed, subject to a $10,000 fine, that’s federal and your state regulations will be meaningless.
I’m Canadian so we share some of the same concerns but the realities are a bit different.
The concerns are VERY different as our governments operate very differently. Federal Supremacy in our constitution is why when states legalized medical cannabis, the DEA still ran roughshod over the dispensaries under Bush II.
Federal supremacy is why the FDA will be able to run roughshod over state level regulations, including taxation. The FDA could turn it all over to Big Pharma and completely screw over even Big Cannabiz if it wants to once Cannabis is a Schedule III drug. And as I said, even if the current administration chooses not to do this, it doesn’t mean a new administration as early as January 20, 2025 won’t throw it all to Big Pharma and screw over everybody, including states collecting taxes.
Yes very different.
In Canada it’s capped at $1 tax per gram with 75% going to the province and 25% going to the feds.
I don’t expect that to happen for you. I bet that the state taxes will stay in place and the feds will add their own tax. And you will probably be paying tax on the tax. Everybody is going to want the biggest cut possible. $60 legal grams is the end result.
Long live the black market.
Where in the constitution does it state federal supremacy? My understanding is that there is supposed to be a balance in the federalist system (theoretically anyways)
The black market is why I figure the current administration will do nothing beyond rescheduling, leaving it up to the next administration to really foul things up or follow their lead. In the meantime, I am working to see it somewhat legal recreational in Ohio, while hoping the legislature doesn’t just repeal the initiative after it passes. If that happens I will definitely turn in my Buckeye fandom and replace it with Wolverine gear.
It’s so amazing that it can be so different in different places.
Up here, under certain very specific conditions, it’s even covered by medical insurance.
Article VI, Clause 2
The same place where the feds get to claim supremacy every time:
Article I, Section 8, Clause 3
“To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;”
Cannabis can be traded across state lines, thus the feds have the sole power to regulate the trade of cannabis, especially after it is rescheduled as a Schedule III drug.