by Javier Hasse O n April 23, Act- ing Attorney General Todd Blanche signed an order rescheduling two specific categories of mar- ijuana from Schedule I to Schedule III: FDA-approved drug products containing marijuana, and marijuana products regulated under quali- fying state medical marijuana licens- es. It was the biggest federal cannabis shift in decades. For the commercial medical marijuana industry, it was a landmark moment. For home growers, the picture is considerably murkier. We put the same core question to four of the country’s leading cannabis attorneys: Does the rescheduling order cover home growers? They read the same order. They cited the same lan- guage. They landed in different places. The disagreement turns on a decep- tively small distinction: whether a state patient cultivation card is a “license” in the federal sense, or merely a state-level permission slip that still sits outside the Controlled Substances Act. That dis- tinction, business versus person, com- mercial supply chain versus backyard grow, is doing enormous legal work in a document that doesn’t spell out the answer. Does Rescheduling Help Home Growers? Even Cannabis Lawyers Are Split
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24 MAY/JUNE 2026
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