WHAT THE ORDER ACTUALLY SAYS
Malkin Law and a cannabis law professor at Stockton University, takes the opposite view: state-licensed patient cultivation drops to Schedule III. Marshall Custer, who co-leads Husch Blackwell’s can- nabis team of more than 80 attorneys, lands somewhere more complicated: personal-use home growers remain fed- erally illegal, but state medical cultivation permit holders may now face Sched- ule III obligations rather than freedom. continue reading at HighTimes.com
The relevant language is specific. The order moves into Schedule III: FDA-ap- proved drug products containing marijua- na, and marijuana “subject to a qualify- ing state-issued license.” It then defines “state medical marijuana license” as “a license issued by a state entity autho- rizing the licensee to manufacture, dis-
tribute, and/or dispense marijuana or products that contain marijuana for medical purposes.” Everything else remains Schedule I. “Any form of marijuana other than in an FDA-approved drug prod- uct or marijuana subject to a state medical mari- juana license remains a Schedule I controlled sub- stance,” the order states, subject to all applica- ble “administrative, civil, and criminal sanctions.” So the question is: does your home grow qualify as marijuana “subject to a state medical marijua- na license”? Bob Hoban, one of the country’s most recognized cannabis attor- neys and a longtime fixture in federal drug policy de- bates, says ordinary per- sonal home grow remains outside the framework. Michael McQueeny, Part- ner and Co-Chair of the Cannabis and Hemp Group at Foley Hoag, agrees. Ste- ven Schain, Of Counsel at
Items marked contested reflect genuine legal disagreement among attorneys. Hoban and McQueeny say ordinary personal cultivation stays Schedule I. Custer agrees personal-use home growers remain federally illegal, while Schain says state-licensed patient cultivation qualifies. None say adult-use home grow is protected.
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