White House Signals a “Third Lane” for Full Spectrum CBD as Hemp Rules Tighten and Marijuana Rescheduling Lags

Cannabis attorney Tom Howard argues the key development is not that an executive order legalized full spectrum CBD for Medicare, but that the White House is simultaneously pushing marijuana to Schedule III and calling for access to appropriate full spectrum CBD even as Congress’s new hemp definition (Section 781) will likely push many full spectrum products back into “marijuana” via a strict total-THC, per-container cap effective November 12, 2026. He says the order does three things: urges DOJ to finish rescheduling, directs work with Congress to update hemp’s statutory definition, and instructs HHS/NIH to develop real-world-evidence research models for hemp-derived cannabinoids. With FDA guidance late and rescheduling unfinished, Howard predicts a future “middle lane” of regulated, evidence-backed, largely non-intoxicating cannabinoid therapeutics integrated into healthcare, distinct from both intoxicating hemp products and broader marijuana legalization.

00:00 Why This Matters
00:55 Two Legal Boxes
01:40 Executive Order Breakdown
02:58 New Hemp Definition Trap
04:25 A Third Regulatory Lane
05:41 Bills Deadlines FDA Drift
07:03 Rescheduling Is Not Legalization
09:05 Endgame Medical Framework
10:33 What We Still Dont Have
11:27 How Legalization Really Happens
12:58 Wrap Up And Outro

We dive deep into the latest cannabis news, discussing the ever-changing legal landscape and its impact on the industry. This week, we explore critical regulations and political news shaping the future, alongside significant market trends. Stay informed on the laws affecting cannabis businesses and consumers alike.

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This week’s cannabis news is a perfect snapshot of how broken legalization still is in America. We cover the IRS attack on a 280E workaround, Virginia’s long-awaited adult-use sales deal, Texas regulators cracking down on smokable hemp and THCA flower, Florida’s failed ballot path, New York’s booming sales, and Michigan’s deepening market pain.

Legalization is moving — but not cleanly, not fairly, and definitely not fast enough.

Subscribe for weekly cannabis news, legal analysis, and the stories the industry can’t afford to ignore.

Join another 91,000 subscribers and Let’s get to 100K.

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In Texas, cannabis policy is moving in two completely opposite directions. Voters overwhelmingly approved a marijuana legalization ballot measure in one community, while state regulators are proposing rules that could effectively ban smokeable hemp products by counting THCA as THC.

The Supreme Court may be about to upend one of the strangest federal cannabis laws still on the books: the rule that marijuana users cannot legally own firearms.

Two major cases this week suggest the justices are deeply skeptical of the federal ban — potentially opening the door for cannabis consumers to legally exercise Second Amendment rights.


Also this week:

• Kansas Democrats push for cannabis decriminalization but Republican leadership blocks the vote
• A Nebraska tribe moves forward with medical marijuana despite state resistance
• Missouri regulators crack down on bad actors in the legal cannabis industry
• Michigan prepares to distribute $94 million in cannabis tax revenue to communities and tribes
• A Michigan city faces allegations after marijuana companies helped pay its legal bills
• Researchers at Virginia Tech study how cannabis affects driving
• And rapper Afroman heads to trial over a music video filmed with footage from a police raid

Cannabis legalization news is changing fast across the United States — and we break down what actually matters.

If you care about the future of cannabis law, policy, and the industry, subscribe and stay informed.

Join tens of thousands of advocates following cannabis legalization news every week.

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This episode breaks down excerpts from a Supreme Court oral argument about whether federal law 18 USC 922(g)(3) can categorically bar “unlawful” marijuana users from Second Amendment rights under the Bruin historical-tradition test and in light of Rahimi’s dangerousness focus. It highlights Justice Gorsuch questioning whether “habitual user” is defined too loosely compared to historical “habitual drunkard” laws, and similar concerns from Justices Sotomayor and Barrett about whether scheduling decisions reflect individualized dangerousness.

Justice Thomas presses distinctions between marijuana and other drugs (including anabolic steroids) and notes the DEA’s ongoing rescheduling process, while Justice Alito emphasizes the founders’ lack of experience with modern drugs. Justice Kagan poses an ayahuasca hypothetical, and the host predicts a likely 6–3 or 7–2 outcome against the government’s position, with a decision expected by late June.

Shout out to this channel, here's the whole thing: https://youtu.be/iMow-Yt1sJo?si=JU1zmjqVxBAgOk_l

00:00 Supreme Court Preview
00:34 Gorsuch Questions Habitual Use
02:14 Founding Era Context
03:57 Sotomayor Ambien Analogy
05:08 Thomas on Illegality
07:24 Alito History Problem
09:01 Kavanaugh Mens Rea
12:13 Gorsuch Rescheduling Pushback
16:19 Barrett Demands Dangerousness
23:15 Jackson on Bruin Limits
25:25 Kagan Ayahuasca Hypothetical
29:02 Predicted Vote Count
30:22 Wrap Up and Sponsor

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Tom Howard discusses the potential rescheduling of cannabis, referencing a previous executive order from president trump. He also explores various legal strategies and counter-strategies related to this process, including the "HHS Shield" and the "Railway" loophole concerning judicial hearings. The video further touches upon the "Loper Bright" wildcard in 2024 and presents a realistic timeline for these events, projecting early to mid-2027, touching on drug classification by the drug enforcement administration. He estimates the effective date could be as late as mid-2027, contingent on resolving the interlocutory appeal, conducting any merits hearing, issuing an ALJ report, and publishing a final DEA rule, while noting the Congressional Review Act could apply but may not change outcomes. He closes by asking viewers to like, subscribe, sign up for the newsletter via QR code, and follow future Sunday updates for developments.

00:00 Intro + What’s the Latest on Cannabis Rescheduling?
00:38 Two Months After the Executive Order: Still No Movement
01:23 Opposition & Legal Roadblocks: SAM, Bob Barr, and the CRA
03:19 Where the Process Stands: Timeline From 2022 to the Stalled ALJ Hearing
03:57 HHS Science Is Binding: The Strategy to Skip the Hearing
05:39 Speed vs. Risk: Summary Disposition & Administrator Override
06:40 Can DOJ Redefine “Hearing”? Statutory Text, APA, and Post-Chevron Courts
08:36 Due Process Concerns: Why Canceling the Hearing Could Backfire
09:14 How Long Will This Take? Realistic Timeline (Maybe Mid-2027)
10:41 Wrap-Up: No New News Yet—Stay Tuned

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Attorney Tom Howard discusses a recent lawsuit in Ohio targeting multi-state operators for alleged pricing and unfair business practices in the newly legalized cannabis market. He explains the legal framework and the concept of an 'email cartel' among competitors, highlighting the state's intervention due to market failures. This detailed analysis covers competition law and market allocation, emphasizing the importance of a transparent market.

00:00 Ohio AG Drops a Bombshell: MSO Price-Fixing Lawsuit Explained
00:35 Who’s Suing Who: The ‘Cartel Complaint’ and the Big MSO Defendants
02:00 How the Alleged Scheme Worked: Reciprocal Quotas, Shelf Space & Info Sharing
03:30 Email Trails & Avoiding a Price War: The Alleged Coordination
04:16 How Independents and Consumers Get Squeezed in a Rigged Market
05:46 What Ohio Wants: Injunctions, Daily Penalties, and Forfeiture
06:35 How the MSOs May Defend Themselves (and Why the Market’s ‘Volatile’)
07:23 Compliance Playbook: Policies, Clean Rooms, and Internal Audits
08:23 What Happens Next + Final Takeaways, Subscribe, and Legal Services Plug

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