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DEA Cannabis Bias Confirmed? How This Hurts Rescheduling

On the latest Trade to Black podcast for March 10, 2025, hosts Shadd Dales and Anthony Varrell are joined by Shane Pennington, who will discuss the big news involving the US Drug Enforcement Administration’s (DEA) stance on marijuana rescheduling and an accusation of bias. Shane Pennington is a Partner at Porter Wright Morris & Arthur LLP. Plus, Michael Bronstein from the American Trade Association for Cannabis & Hemp will join us to discuss several key topics.

There have been longstanding suspicions by many that the DEA has shown bias and is opposed to changing marijuana from Schedule I to Schedule III. A federal court filing submitted in February by a group of doctors claims that they were shut out of the rescheduling process. Now it appears that these suspicions have been confirmed by agency decisions made public during the ongoing lawsuit.

According to DEA documents made public as part of a lawsuit brought by Doctors for Drug Policy Reform (DDPR), the federal drug agency considered a total of 163 applicants but selected only 25 based on still-unknown criteria. The DEA rejected participation requests from New York and Colorado officials, who supported rescheduling, and attempted to aid almost a dozen opponents of marijuana rescheduling.

This is the fullest disclosure to date of the DEA’s actions during the marijuana rescheduling process. Join us for this in-depth discussion on what this means for cannabis rescheduling moving forward.

The macroeconomic landscape is also touched upon, with a stark contrast between the struggling cryptocurrency market—where ETH dropped below $1900 and Bitcoin hovered around $78K—and the relative stability of cannabis stocks. Despite ongoing challenges, the cannabis sector appears to be weathering the storm better than some other industries, with MSOS stocks hitting new lows but not experiencing the same drastic fluctuations as crypto.

Michael Bronstein discusses the efforts of Florida Republican lawmakers to impose significant restrictions on ballot initiatives, which could impact marijuana legalization efforts next year. He also touches on the recent advancement of a bill in Kentucky that would ban hemp-derived beverages until mid-2026.

What are the potential nationwide implications of this decision? We’ll discuss it in this episode.


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