Akerman Cannabis Practice Chair Jonathan S. Robbins spoke with IgniteIt about interstate commerce implications of the Schedule III rescheduling of medical cannabis, in the article "Could Medical Cannabis Finally Cross State Lines? Attorneys Break Down Schedule III's Biggest Legal Question."
The article explores whether the Trump administration's April rescheduling decision opens new possibilities for cross-border medical cannabis trade. Currently, state-level cannabis businesses operate within closed regulatory systems that prohibit moving products across state lines.
Jonathan said successful interstate operations will require coordination between federal agencies. "Once the DEA registration is completed and the FDA signs off on it, they should be able to do so," he told IgniteIt, referring to operators engaging in interstate cannabis commerce. He cautioned that the Schedule III designation alone doesn't resolve all regulatory barriers. "Just because something goes on Schedule III doesn't mean that it's FDA approved," he said. "And that may be right. We don't know what that approval process is going to look like, and until there's actual formal approval and DEA registration, we're not going to see interstate transport."