Strategies 64 Blog

S64 in the News: States Newsroom

June 17, 2024

States Newsroom turned to Strategies 64 partner Mason Tvert for his thoughts on the federal rescheduling process. A story syndicated by outlets around the country included Mason’s take on the proposal to reclassify marijuana from Schedule I to Schedule III and the rulemaking process that is currently underway.

In a proposed rule published in the Federal Register last month, the DEA specifically asked commenters to weigh in on the economic impacts of moving the drug from Schedule I to the less-restrictive Schedule III list under the federal Controlled Substances Act.

That will likely mean the agency will consider the impact of allowing state-legal marijuana businesses to deduct business expenses from their federal taxes, Mason Tvert, a partner at Denver-based cannabis policy and public affairs firm Strategies 64, said in an interview. Under current law, no deductions are allowed.

The DEA typically looks at three factors when assessing how strictly to regulate a drug: its medicinal value, potential for abuse relative to other drugs and ability to cause physical addiction.

Tvert said the accepted medical value question is likely not to be a major factor in an administrative law hearing. Several medical organizations and states that allow medicinal use have already endorsed its medicinal value, he said.

“The battleground that we’ll see will be around how we define potential for abuse,” [Tvert] said.

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