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How Trump Could Enact a Ruling for Cannabis Rescheduling 

Happy Friday and Happy Valentine’s Day. The latest Trade To Black podcast for February 14, 2025, has Eric Berlin from Dentons join the show to discuss some of the headlines from this week including the possibility of the Trump administration rescheduling cannabis by direct ruling. Hosts Shadd Dales and Anthony Varrell will also chat about the latest in stock momentum.

Kicking off the podcast, we recap impressions of Robert F. Kennedy Jr.’s appearance on The Ingraham Angle, where he made a few controversial statements about cannabis. While RFK Jr had previously supported decriminalization and rescheduling, his rhetoric has appeared to shift as he highlighted concerns about high-THC products and potential adverse effects. His about face could be in part due to the prohibitionist stance of Fox News host Laura Ingraham and the political pressures RFK may be facing. Either way, this may not yet forecast problems for the cannabis industry as he also called for more research, which could align with the push for rescheduling.

Eric Berlin is a top cannabis attorney, and he joins the show to clarify the legal and procedural aspects of cannabis rescheduling. We discuss whether the DEA is guilty of procedural missteps, including ignoring HHS recommendations, violating administrative law judge (ALJ) orders, and engaging in ex parte communications.

Also, one of the topics we will delve into is whether President Donald Trump and the Trump administration can enact a direct ruling for cannabis rescheduling, instead of going through the prolonged ALJ (Administrative Law Judge) hearing. The DOJ still holds ultimate authority and could move forward with rescheduling despite DEA interference. Eric Berlin outlines the legal avenues for expediting the process, including invoking Section 811D to comply with international law, which could allow the DOJ to reschedule cannabis immediately.

We’ll conclude with a discussion on some of the economic benefits of cannabis legalization. Despite delays, there are reasons to remain optimistic that reform is inevitable, even if it takes time. Tune in for the full discussion.


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