One Signature Could Remove Marijuana From Schedule I Tomorrow

OG article created by Kyle Jaeger. Watch Today's LIVE Episode on YouTube, X and Rumble

June 25. 2025

Unlocking Marijuana Reform: A Path Forward

In the endless cycle of federal marijuana reform debates, a critical truth remains obscured: the Attorney General (AG) holds the authority to reschedule marijuana today. No Congressional vote, no HHS review, no protracted rulemaking—just a signature.

The AG’s Untapped Power

Under 21 U.S.C. § 811(d)(1) of the Controlled Substances Act (CSA), the AG can unilaterally reschedule marijuana to align U.S. drug policy with international treaty obligations, notably the Single Convention on Narcotic Drugs. This isn’t conjecture; it’s explicit in the law. Unlike the traditional scheduling process under § 811(a)-(c), which requires scientific and medical evaluations, this pathway bypasses HHS entirely.

The process is straightforward. If the AG determines that moving marijuana to Schedule II, III, IV, or V better fulfills treaty obligations, they can act. The DEA would handle minor follow-up rulemaking—a routine step already validated by the Office of Legal Counsel. In essence, AG Bondi could reschedule marijuana tomorrow with a press release and a pen.

Treaty Compliance: A Legal Imperative

The Single Convention refers to “cannabis” and mandates that member states regulate it for medical, scientific, and industrial purposes while ensuring its availability for patient relief.

It emphasizes regulation, not prohibition. In 2020, the U.N. Commission on Narcotic Drugs removed cannabis from its most restrictive category (Schedule IV), recognizing its therapeutic potential.

Yet, marijuana lingers in Schedule I of the CSA, a designation for substances with no accepted medical use. This misalignment places the U.S. at odds with its treaty obligations. Schedules II through V acknowledge medical efficacy, making rescheduling not just permissible but arguably necessary. Crucially, § 811(d)(1) empowers the AG to make this judgment without scientific backing, Congressional approval, or public input.

Immediate Gains, Potential Challenges

Rescheduling would spark litigation. Critics might question the AG’s authority or argue that § 811(d)(1) improperly delegates domestic policy to international bodies. However, the CSA’s clear language makes it unlikely that courts would halt rescheduling during legal battles.

The benefits would be swift. Rescheduling would eliminate IRC § 280E, relieving state-legal businesses of crippling tax burdens. Yet, this approach has a flaw: its impermanence. A future AG could reverse the decision, even if marijuana were rescheduled through the standard DEA/HHS process. Executive action, while powerful, lacks enduring stability.

Congress: The Key to Lasting Reform

Only Congress can deliver a permanent solution. By revising or withdrawing from treaty obligations, Congress could create a stable legal framework immune to administrative reversals. The States Reform Act 2.0 offers a promising path toward legalization but falls short by not addressing the AG’s authority under § 811(d)(1). A simple amendment could close this gap, ensuring that future AGs cannot unilaterally disrupt Congressional intent.

The 2018 Farm Bill’s treatment of hemp illustrates the risk. By removing hemp from the CSA’s definition of marijuana without referencing § 811(d)(1), it left open the possibility that an AG could reclassify hemp as a Schedule I substance. Specificity in legislation is critical to prevent such vulnerabilities.

Rethinking Political Strategy

For six years, the marijuana industry has poured millions into lobbying with little to show: fragmented state markets, persistent IRC § 280E enforcement, and marijuana’s stubborn Schedule I status. Even the Medical Marijuana and Cannabidiol Research Expansion Act has proven counterproductive, hindering research efforts.

The current approach has failed. The industry must pivot to a strategy rooted in political realism. This may mean redirecting resources, reevaluating advocacy partners, and acknowledging the transactional nature of today’s political landscape. Success may hinge less on policy arguments and more on strategic financial influence—cynical, perhaps, but reflective of the system as it stands.

A Call to Action

The power to reschedule marijuana exists today, but true reform demands more than legal authority—it requires political courage. Executive action could unlock immediate benefits, but only Congress can ensure lasting stability. The marijuana industry must move beyond ineffective lobbying and engage the political system strategically. To achieve meaningful change, stakeholders must act decisively, navigating the reality of the political game while advocating for the future they envision.

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