If the federal government follows through with rescheduling marijuana, the reform would free up Washington, D.C. to finally legalize adult-use cannabis sales, congressional researchers say. But the types of products that could be sold may depend on a legal interpretation of what a “tetrahydrocannabinols derivative” is.
In a report published on Friday, the Congressional Research Service (CRS) analyzed the potential impact of moving marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA) on a provision of appropriations legislation that’s barred the District from using its local tax dollars to establish a commercial recreational cannabis market for the past decade.
“If the current appropriations policy rider were to remain, effect unchanged, the proposed rescheduling of marijuana would permit the District government, as a matter of local law, to authorize the commercial sale of recreational marijuana, establish market regulations, and levy marijuana taxes, among other policy options,” CRS said.
That’s because the rider—which was initially omitted from a 2025 spending bill introduced in a House committee before being amended back in—specifically says D.C. can’t use its funds to “legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance.”
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