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Montana marijuana businesses hopeful for federal rescheduling

Montana marijuana businesses hopeful for federal rescheduling
Marijuana
Marijuana Dispensary
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HELENA — For years, there has been talk that the federal government might move toward reclassifying marijuana as a less dangerous drug, but it hasn’t happened yet. However, national media reports say President Donald Trump may be ready to take another step in that direction.

On Monday, Trump confirmed to reporters that his administration was looking at “rescheduling” marijuana: moving it off the federal list of Schedule I controlled substances.

Evan Kajander, one of the owners of Apogee Gardens dispensaries, told MTN he’s heard about possible rescheduling before, but he’s hearing it from a lot more places this time.

“It is everywhere right now, and I haven't seen this in the past, so I am cautiously optimistic,” he said. “I do think it's a step in the right direction.”

The federal government classifies controlled substances in five categories, based on their potential for abuse and whether there are medical uses for them. Schedule I is the highest level. Besides marijuana, it includes heroin, LSD and ecstasy.

If the Trump administration moves forward with rescheduling, marijuana could move to Schedule III, intended for drugs with lower risks and accepted medical uses. Others in the category now include anabolic steroids, ketamine and certain pain medication with codeine.

President Joe Biden directed his administration to review marijuana’s classification in 2022. The process toward a potential rescheduling continued but hasn’t reached a conclusion.

Marijuana would remain illegal under federal law if it’s rescheduled, but there would be changes in how rules are enforced. One of the biggest differences is that the IRS forbids many tax deductions for sellers of Schedule I and Schedule II drugs.

“You can have 20% margins and still make zero money, because you can't deduct your normal operating expenses on the retail side,” Kajander said.

Apogee Gardens operates ten locations across the state, and Kajander said it would make a big difference to be able to deduct rent, payroll and other overhead.

Marijuana Dispensary
Apogee Gardens marijuana dispensary in Helena

It’s also been challenging for Montana marijuana businesses to access banking services. While it’s not clear if rescheduling alone would address all the obstacles, Kajander said it would be a big step.

“Right now, banks that are FDIC-insured generally don't allow cannabis banking, so we expect not only more access to banking, but access to loans,” he said. “Right now, it is very hard for us to find affordable debt.”

For years, members of Congress have proposed legislative changes to protect banking services for state-regulated marijuana businesses. The most recent attempt was the SAFER Banking Act. Montana U.S. Sen. Steve Daines had been the lead Republican sponsor on that legislation. A spokesperson for his office told MTN he is no longer leading the effort but continues to support it.

Trump said the major reason for rescheduling marijuana would be reducing restrictions on research. That’s also an important step for Kajander.

“I know from firsthand experience that cannabis has helped many, many of our patients with things like appetite when having cancer, chronic pain – but because there's no research trials and studies that actually prove this, there's still a misconception in the public, I think,” he said.

Meanwhile, on Monday, the U.S. Supreme Court declined to hear a case that would have challenged the federal government’s authority to enforce marijuana prohibitions within states. In Canna Provisions v. Bondi, marijuana businesses in Massachusetts had argued the U.S. Constitution’s Commerce Clause lets them regulate interstate commerce, but that the current federal law went too far in influencing single-state issues.