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Could We See a Direct Ruling on Rescheduling?

By Shadd Dales On Feb 11, 2025

On our latest Trade To Black for Monday, February 10, 2025, hosts Shadd Dales and Anthony Varrell will once again be joined by Shane Pennington, Partner at Porter Wright Morris & Arthur LLP. Shane will be giving us updates on the ongoing US cannabis rescheduling hearings with the Administrative Law Judge, and whether or not we might see a direct ruling. Plus, Michael Bronstein, President of the American Trade Association for Cannabis & Hemp will join us again for our new weekly segment, Insider Edge, to talk about the latest news from Pennsylvania involving adult use cannabis within the state.

Shane Pennington confirmed that while there has been no movement since last month in the cannabis rescheduling hearings, there are three key players who could push things forward: the DEA acting administrator (Maltz), the Department of Justice (DOJ), or Congress. Maltz has the authority to set the briefing schedule for the interlocutory appeal, but he has yet to act.

If the hearing proceeds, the DEA will eventually rule on key concerns, such as ex parte communications and their unclear stance on the proposed rule. On the other hand, if the DOJ intervenes, they could either cancel the hearing, issue a direct ruling, or restart the rescheduling process entirely. Congress could also legislate a resolution, but that’s highly unlikely. We’ll explain why.

We also explore the potential influence of a Trump administration decision on cannabis rescheduling. Pennington noted that if the administration wants to fast-track a decision, they could push the DEA to acknowledge the existing HHS report and OLC memo and reschedule cannabis immediately. Given that the administration has larger priorities, such as opioids, fentanyl, and cartel activity, this could be a path forward.

Pennsylvania’s adult-use legalization efforts continue, but Republican Senator Dan Laughlin has criticized Governor Josh Shapiro’s legalization plan, calling it flawed and lacking a clear path forward. Is Laughlin’s statement more about political posturing than outright opposition? Michael Bronstein shares his thoughts.

Plus, Anthony and Shadd will discuss how a Republican lawmaker is hopeful that Congress will be able to get a marijuana banking bill across “the finish line” this session in this episode.

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Shadd Dales

Shadd Dales is the Founder and President of The Dales Report and has an extensive background in the business media industry.

His work translates into over 15 years in mainstream media that included roles with BNN Bloomberg, CTV Properties and the iHeart Radio Network.

Shadd is considered one of the leading on air talents in both the cannabis and psychedelic space and has interviewed some of the most notable CEO names in the industry.

Shadd’s vision is to establish a content platform that is equivalent to a mainstream broadcast produced in a format that is relevant for today’s investor.