United States: Cannabis & Hemp

Federal appeals courts are divided on whether states can legally favor in-state residents in their cannabis licensing programs, with some circuits applying the Dormant Commerce Clause while others exempt cannabis due to its federal illegality. The Supreme Court's recent decision to decline hearing this constitutional question leaves cannabis operators facing different rules depending on their geographic location, creating uncertainty for interstate expansion.

On April 23, 2026, the DEA rescheduled certain marijuana products from Schedule I to Schedule III, creating new compliance obligations for California cannabis operators. This shift primarily affects state-licensed medical cannabis programs and introduces critical decisions around DEA registration, license restructuring, and IRC Section 280E tax implications that operators must navigate strategically.

A seasoned cannabis policy advisor reflects on the profound influence of Martin Jelsma, one of the world's leading experts on international drug control treaties, as Jelsma prepares to retire from his role at the Transnational Institute. The piece explores how mentorship and rigorous scholarship have shaped modern drug policy reform and the next generation of advocates working to build evidence-based cannabis policies grounded in health, human welfare, and respect for local traditions.