Presidents Trump’s Executive Order to Reclassify Cannabis Does Not - By Itself - Authorize Cannabis Advertising

President Trump’s Executive Order proposing to reclassify cannabis from a schedule 1 to a schedule 3 drug may help the cannabis industry somewhat, but it did not eliminate the federal restrictions on advertising cannabis. 

• As a legal matter the Executive Order, by itself, did not reclassify cannabis.  Rather, it instructed the Attorney General to commence a proceeding looking to reclassify cannabis.  Until that proceeding is completed, there is no change in federal law.

  
  

• The Executive Order focuses exclusively on the medical and research uses of cannabis.  The title says it all, “INCREASING MEDICAL MARIJUANA AND CANNABIDIOL RESEARCH.”  It cannot be read as an endorsement of recreational adult use cannabis.  

  
  

• The Administration will work with Congress and appropriate agencies to develop a framework to regulate THC content in hemp, cannabis and CBD products.  Federal agencies, like the FDA, will then have to adopt rules governing these products. 

It could take years before rules are issued.  Until then, federal law prohibiting cannabis advertising remains on the books.

Of course, the Executive Order does have significant PR value.  The reclassification may make cannabis more socially acceptable.  It could eventually lead to a further relaxation of federal cannabis laws. Although, there has already been backlash from conservatives in Congress. However, this Executive Order, by itself, does not remove federal restrictions on cannabis advertising.    

You can access the Executive Order here.

Noted communications lawyers David Oxenford & David O’Connor have issued a memo here.