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Cannabis Rescheduling Stalled: What the DOJ Might Do Next

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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