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Schumer's back with full legalization — aimed straight at Trump's Schedule III

Senate Democrats reintroduced the Cannabis Administration and Opportunity Act with 17 cosponsors, betting that descheduling — not rescheduling — is the fight worth having.

By The Crushed Desk · 5d ago · 5 min read

Photo: Marijuana Moment

One day after the DEA's rescheduling hearing wrapped, Senate Minority Leader Chuck Schumer, Cory Booker, and Ron Wyden reintroduced the Cannabis Administration and Opportunity Act — the Democrats' long-running bill to pull cannabis out of the Controlled Substances Act entirely. Seventeen Democrats have signed on, and the timing is not subtle: while the Trump administration works toward moving cannabis to Schedule III, CAOA says the real fix is taking it off the schedules altogether.

The bill is a full federal framework, not a gesture. It would deschedule cannabis and give the attorney general 180 days to finalize the removal rule, expunge prior federal cannabis convictions and open the door to sentence reductions, stand up an FDA regulatory structure, create a Cannabis Justice Office inside DOJ, let VA physicians recommend medical cannabis to veterans, and rein in federal employment drug testing for marijuana. It also layers on a graduated federal excise tax that starts at 5% and climbs to 25% on producers — a number operators already squeezed by state taxes will read twice.

There's also a hemp angle worth noticing: the bill explicitly moves to head off the recriminalization of hemp-derived THC products scheduled to hit in November. That puts Senate Democrats on the opposite side of the fight from the former Homeland Security officials and state attorneys general who've spent the summer telling Congress to let the hemp ban stand.

The honest read: this is a minority-party bill with no Republican cosponsors, and versions of CAOA have been introduced before without ever getting a floor vote. But it matters as a marker. If rescheduling lands, Schedule III relieves 280E for the industry — descheduling would eliminate the federal overhang entirely, excise tax and all trade-offs included. For operators, the practical takeaway is that the ceiling of what's politically imaginable just got restated, in writing, with the Senate's top Democrat attached. Plan around Schedule III; keep a copy of this one in the drawer.

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