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Will rescheduling reroute the future of interstate commerce for cannabis?

(This story is part of the cover package in the November-December issue of MJBizMagazine.)

Some cannabis executives are hopeful that if the federal government moves marijuana from Schedule 1 to 3 of the Controlled Substances Act, then transporting MJ products across state lines will be allowed.

But that is only partially true, marijuana industry lawyers say.

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Schedule 3 (as well as Schedules 4 and 5) permits interstate commerce only for drugs approved by the U.S. Food and Drug Administration, such as anabolic steroids, ketamine, testosterone and Tylenol with codeine – plus dronabinol, Marinol and Syndros, which are synthetic THC formulations used to increase appetite in patients undergoing chemotherapy or suffering from anorexia.

Would flower, concentrates, THC-infused edibles and other products sold at medical marijuana dispensaries and adult-use retailers be permitted for interstate commerce?

Not legally, unless they have FDA approval.

“That’s the key. If you have an FDA-approved

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