This is the eleventh of 13 posts describing the impacts of marijuana’s rescheduling. An homage to Phish’s historic run at Madison Square Garden in the Summer of 2017, Budding Trends Baker’s Dozen will address how rescheduling affects various areas of the law and our daily lives. Enjoy the run.
On April 22, 2026, Acting Attorney General Todd Blanche issued a final order immediately placing both FDA-approved marijuana products and state-regulated medical marijuana products in Schedule III of the Controlled Substances Act. A separate administrative hearing process on broader rescheduling of marijuana (namely, adult use/recreational) is scheduled to begin June 29, 2026.
The marijuana industry’s immediate focus, understandably, has been on the 280E tax relief for state-licensed medical operators and the new DEA registration pathway that the order contemplates. Those are consequential developments. But a final order of this magnitude does not limit itself to tax and licensing. What about the impact of rescheduling on the employment and discrimination areas of the law?
A few important clarifications before we get into the employment and housing analysis.
First, this is not legalization. Adult-use marijuana remains Schedule I. The order explicitly bifurcates the plant: FDA-approved marijuana drug products and state-licensed medical marijuana are now Schedule III; everything else stays where it was. Operators holding both adult-use and medical...
A person in his 30s who demanded compensation for alleged foreign substances in cup noodles and the absence of meat in stir-fried pork was sentenced to prison in both the first trial and the appel...