If marijuana is rescheduled—as President Donald Trump directed in a recent executive order—congressional researchers say the move could ease current restrictions on advertising for cannabis products.
Moving marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA) wouldn’t federally legalize the plant. But while it’s commonly understood that the reclassification would have tax policy and research implications, a lesser known effect concerns federal advertising laws.
In a report from the Congressional Research Service (CRS) that was published on Tuesday, analysts reiterated that many penalties associated with marijuana would remain in effect if it’s rescheduled. That’s because the CSA distinguishes cannabis from other Schedule III drugs with respect to most criminal penalties.
“If marijuana moves to Schedule III, this does not mean that all marijuana products would be lawful to manufacture, distribute, or possess,” CRS said, noting that the only exceptions that could apply would require Food and Drug Administration (FDA) approval of cannabis products in order for them to be lawfully sold. Experts generally agree that the chances of such approval for botanical marijuana that’s available in state-legal markets are slim.
But rescheduling would mean that advertising restrictions applied to Schedule I drugs would be lifted for
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