Cannabis in 2025 and what changes we can expect
Posted on December 6, 2024
The reclassification of marijuana from a Schedule I to a Schedule III substance under the Controlled Substances Act (CSA), if finalized, marks a pivotal moment for the cannabis industry. This potential change stems from a growing recognition of marijuana's medical uses and represents a significant step toward aligning federal policy with public sentiment and state legalization efforts. However, it stops short of nationwide legalization, leaving recreational cannabis under state jurisdiction and maintaining the intricate patchwork of laws governing its use.
Implications for Businesses
One of the most immediate impacts of reclassification would be the removal of cannabis businesses from the constraints of IRS Section 280E. Currently, this section prohibits businesses dealing with Schedule I and II substances from deducting standard operational expenses such as payroll, rent, and marketing. The shift to Schedule III status would allow cannabis businesses to operate with the same tax advantages as other industries, potentially unlocking greater profitability and enabling reinvestment into operations, community initiatives, and workforce development.
Moreover, the reclassification could enhance access to capital by reducing the stigma surrounding cannabis. While federal banking laws would remain unchanged without additional legislative action, the less restrictive classification may encourage financial institutions to reconsider their hesitancy toward the industry. This could open doors to traditional banking services and financing options, which are currently limited.
Federal and State Regulatory Adjustments
The proposed change would also necessitate updates to federal drug testing policies, particularly in safety-sensitive industries like transportation and law enforcement. Marijuana's status as a Schedule III substance would align it more closely with substances like anabolic steroids, altering how federal agencies and private employers approach workplace drug policies. These updates will require a balanced approach to ensure safety while adapting to evolving legal standards.
At the state level, the change could influence regulatory frameworks and prompt a reassessment of cannabis-related criminal justice policies. States with restrictive medical marijuana laws might expand their programs, while those with recreational markets could experience increased pressure to harmonize regulations with federal standards.
Accelerating Medical Research
Reclassification would significantly boost medical research by eliminating some bureaucratic hurdles currently imposed by Schedule I restrictions. Researchers would face fewer barriers in obtaining cannabis for studies, which could lead to an expansion of scientific knowledge about its therapeutic potential. This development could drive innovation in medical marijuana products and provide evidence-based insights into effective dosages and treatment protocols, benefiting patients with conditions ranging from chronic pain to epilepsy.
Challenges and Remaining Barriers
Despite these positives, the reclassification would not resolve all challenges facing the cannabis industry. Federal legalization, banking reform, and interstate commerce remain unresolved issues. The current proposal does not address disparities in how marijuana is treated compared to alcohol or tobacco, both of which are federally legal despite their known health risks.
Additionally, the lack of a cohesive federal strategy could perpetuate confusion for businesses operating across state lines. For instance, while some states may adopt policies to reflect the Schedule III status, others may maintain stricter controls, creating complications for compliance and operations.
Industry Momentum and Corporate Moves
Major corporations have begun positioning themselves for the next phase of cannabis market growth. For example, multi-state operators (MSOs) have been expanding their footprints, acquiring licenses, and streamlining operations in anticipation of regulatory changes. Investment in research and development has surged, with companies exploring new product lines and delivery methods to cater to diverse consumer needs.
Internationally, the U.S.'s move toward reclassification could influence global cannabis policies. Countries like Germany and Thailand have already adopted progressive cannabis laws, and a shift in U.S. policy might encourage other nations to reconsider their stances.
A Step Forward, But Not the Finish Line
While the proposed reclassification represents progress, it is not the ultimate solution. Advocacy groups and industry stakeholders continue to push for comprehensive reforms that address banking restrictions, criminal justice disparities, and the overarching goal of full legalization. However, the reclassification is undeniably a crucial step in normalizing cannabis and fostering a more equitable and sustainable industry.
The road ahead is still complex, but 2025 holds the promise of substantial evolution in how cannabis is perceived, regulated, and utilized in the United States. As the industry adapts, the focus will remain on balancing economic opportunity, public safety, and social equity to ensure that the benefits of these changes are felt widely and fairly.