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December 17, 2025

Built by a former cannabis regulator, Policy, Decoded helps operators read the policy terrain before it shifts beneath their feet.

Todayโ€™s edition tracks a White House-driven Schedule III push and the institutional aftershocks that arrive before any rule changes, from banking posture to marketing limits and hempโ€™s scramble for a federal standards lane.

Todayโ€™s edition is supported by Superhuman AI and The Hustle Daily. If you want your work in front of the same decision-makers, reach out to learn how to become a sponsor!

๐Ÿ›๏ธ Schedule III timing and leverage
๐Ÿฆ Banking reality check
๐Ÿฅค Hemp standards endgame

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Start here โ€” the dayโ€™s most important development, decoded for impact.

๐Ÿ“Œ What Happened: President Trump is weighing a White House directive that would push marijuana toward Schedule III, with reporting pointing to a Wednesday or Thursday window for a possible announcement. The Wall Street Journal framed the moment as a contrast in governing style: Biden set the process in motion through an HHS review that produced a Schedule III recommendation, then the effort drifted without a finish. Reuters describes the current posture as an attempt to accelerate reclassification and widen the research lane, while also warning that timing and sequencing remain unsettled. The practical question is less about whether the words โ€œSchedule IIIโ€ get said and more about whether the administration commits to the slow, document-heavy work that makes a change durable. Until there is text, though, this remains more smoke than fire.

๐Ÿ’ก Why It Matters: Cannabis has spent a decade living in Americaโ€™s favorite kind of arrangement: tolerated in practice, unresolved on paper. A White House push toward Schedule III does not settle that contradiction, but it forces powerful institutions to revisit the assumptions they have used to stay on the sidelines. Once the possibility feels immediate, risk committees convene, outside counsel gets looped in, and the industry gets handed new questionnaires, new covenants, and new representations to sign. The 280E piece is why this heats up so fast, because tax treatment shows up as cash, and cash shows up in valuations, debt service, and whether a lender decides to keep talking. A more direct approach also invites process fights, which makes counterparties cautious even when they want to be constructive. Operators end up carrying the weight of other peopleโ€™s uncertainty, and that is where bad terms get accepted and sloppy statements get memorialized.

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๐Ÿง  THC Group Take: Headlines are not laws, and you canโ€™t operate based on rumor mills. Build the 280E scenarios now so your board conversation is sober and fast, then keep those scenarios out of budgets and term sheets until there is dated federal action you can point to. Put one person in charge of external language and keep it consistent across investors, lenders, landlords, and employees, because drift becomes liability when the story changes. If a directive actually does get released, read it slowly and literally, with attention to who is directed to do what and what still has to happen before anything changes in the real world. Counterparties will try to renegotiate in the space between headline and record, when everyone is anxious and nobody is sure. Hold the line. Promises do not change operating reality. Paper does.

Fast-moving headlines, flagged for what matters.

House Energy and Commerceโ€™s CMT subcommittee advanced the Kids Online Safety Act after adding a direct instruction for covered platforms: do not facilitate advertising of โ€œcannabis productsโ€ to users the platform knows are minors. The โ€œknowledgeโ€ standard includes willful disregard, which pushes platforms to treat youth exposure risk as their problem to solve. That usually means broader automated blocks, tighter ad review, and more takedowns of borderline content, even when brands are trying to reach verified adults in legal states. Operators should assume higher friction in paid social and build redundancy through first-party lists, owned channels, and cleaner age-gating workflows. (Marijuana Moment)

After Congress tucked an intoxicating-hemp ban into last monthโ€™s shutdown-ending bill, hemp beverage and edible makers are shifting toward federal regulation instead of betting everything on repeal. Rep. Nancy Mace has a repeal bill, but Sen. Rand Paulโ€™s effort to strip the provision already failed 76โ€“24, and he is now floating a narrower bridge that protects states with existing rules while Congress builds a national framework. Sens. Ron Wyden and Jeff Merkleyโ€™s Cannabinoid Safety and Regulation Act sketches that framework with serving and package limits, FDA oversight for testing, labeling, recalls, and marketing limits aimed at youth appeal, plus prevention and impaired-driving grant programs. Minnesota sits at the center of the argument: an age-gated, low-dose model lawmakers point to for jobs and tax revenue, caught in the blast radius of federal language aimed at the worst actors. The remaining question is legislative vehicle and timing, and the January 31 funding deadline is the obvious lever. (MinnPost)

Senate Bankingโ€™s financial institutions subcommittee used a hearing on state regulatory experience to underline the industryโ€™s most stubborn problem: cash. Sen. Catherine Cortez Masto said rescheduling would not solve cannabis banking access and pushed Congress to move a SAFER-style fix. Chair Thom Tillis agreed the gap needs attention but signaled he wants tighter guardrails around youth appeal and marketing. Former Nevada regulator Tyler Klimas described how banking friction bleeds into oversight, forcing states and licensees into workarounds that reduce transparency and raise public-safety risk. The hearing left one clear takeaway: safe harbor lives in statute, and Congress is the only body that can deliver it at scale. (Marijuana Moment)

Senate Majority Leader John Thune filed cloture to move Sara Carter Baileyโ€™s nomination to lead the Office of National Drug Control Policy toward a floor vote. The nomination has been stuck in a procedural holding pattern after an earlier attempt to fast-track it ran into objections. DEA still controls scheduling mechanics, and ONDCP shapes how an administration frames enforcement, prevention, and research across agencies. With rescheduling chatter already moving markets and counterparties, leadership at ONDCP becomes a posture tell. Treat the vote as an institutional marker, then wait for written scheduling action before treating anything as settled. (Cannabis Business Times)

New Jersey lawmakers are advancing a bill that would expand state-backed organizing, bargaining, and unfair labor practice protections for cannabis workers where federal coverage can be unclear in parts of the industry. The measure would empower the State Board of Mediation to investigate and remedy unfair practices, including reinstatement, back pay, and damages tied to retaliation or interference with organizing. It also raises the pressure on employers with potential penalties of up to $5,000 per day for noncompliance. For operators, this is HR risk with a regulatorโ€™s teeth, especially around discipline, terminations, and supervisor conduct during organizing drives. The bill cleared Senate Judiciary and moved to Senate Budget and Appropriations, where enforcement design and fiscal assumptions start to matter. (Shore News Network)

Connecticutโ€™s average adult-use flower price fell again in November to $7.94 per gram, down from $8.43 in October, extending a decline that has been in place since February. Massachusetts averaged $4.01 per gram in November, leaving Connecticut at roughly double the price even as both markets continue to grind lower. Connecticutโ€™s retail sales softened to about 592,300 products and roughly $18.4 million in November, down slightly from October, and medical sales declined as well. Massachusetts posted a seasonal dip too, from about $141.6 million in October to $135.2 million in November. The gap keeps pressure on Connecticut operators who built around higher prices and now need scale, differentiation, or both. (Inside Investigator)

Blue Fox Brands Massachusetts, Inc. sued Pure Oasis, LLC in Suffolk Superior Court on December 4th, alleging Pure Oasis owes $63,429.81 for cannabis products ordered and received between March and May. Pure Oasis co-owner Kobie Evans said the company is dealing with heavier competition and lower prices and described the balance as one they can address while discussions continue. The dispute lands as more Massachusetts retailers surrendered licenses in FY25 than any prior year, a reminder that stress shows up first as ordinary credit conflict. Evans also said the company expected support from the Cannabis Social Equity Trust Fund and did not receive it, which strained finances during a Brighton buildout. Pure Oasis says the Brighton location remains on track for a first-quarter 2026 opening and is central to its recovery plan. (Boston Business Journal)

Jushi Holdings amended CEO Jim Cacioppoโ€™s employment agreement as the company manages near-term working capital needs. A $1.05 million cash bonus that otherwise would have been paid by March 15, 2026, plus options tied to 3 million subordinate voting shares, was restructured into a $300,000 lump-sum payment and 3 million restricted subordinate voting shares that vest on January 1, 2026 if he remains employed. The company said independent directors approved the change and disclosed it as a related-party transaction under MI 61-101 while relying on exemptions tied to size relative to market capitalization. This is a public-company tell about runway management, with equity doing the retention work that cash cannot. (Cannabis Business Times)

Vertanical says it plans to release its VER-01 chronic low back pain medicine in Europe in 2026 after publishing results from two randomized controlled trials totaling more than 1,300 patients. The company describes the product as a standardized, whole-plant, full-spectrum oral extract marketed as Exilby, and says German authorization plus the EU mutual recognition pathway could broaden access across Europe. If the results translate into real-world prescribing, this is the kind of โ€œpharma-shapedโ€ cannabis medicine that clinicians and payors know how to evaluate and adopt. That matters less for state programs directly and more for legitimacy in health-system rooms that have treated cannabis as noise. (Business of Cannabis)

๐Ÿบโžก๏ธ๐ŸŒฟ Managed Alcohol Program Adds Cannabis, Drinking Drops

A Canadian managed alcohol program began offering participants a choice in January 2023: take the scheduled alcohol dose or take a pre-rolled cannabis joint. Program records showed mean daily program-provided alcohol falling from 8.08 to 6.45 standard drinks after cannabis was added as an option. Researchers also reported an association over the study period consistent with substitution for some participants, even as day-to-day patterns did not move in lockstep. The policy relevance is practical harm reduction: defined units, legal supply, and a supervised setting where outcomes can be tracked instead of argued about. It is a useful counterweight to a debate that often treats cannabinoids only as a youth-risk headline. (StratCann)

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From the hearing room to the comment section โ€” weโ€™re watching it all.

๐Ÿ—ž๏ธ The Guardianโ€™s take on the Trump rescheduling chatter is that Schedule III could be the biggest federal drug-policy shift in decades while leaving the enforcement machinery of the drug war largely intact, from records and exclusion to incarceration. The argument leans hard on political economy: tax relief and investor upside at home, with little reason to expect a broader justice reset without Congress taking cannabis out of the CSA entirely and pairing it with reinvestment. (The Guardian)

๐Ÿง ๐Ÿ”ซ Anti-legalization groups led by Smart Approaches to Marijuana filed an amicus brief urging the Supreme Court to uphold the federal firearm ban for โ€œunlawfulโ€ controlled-substance users in United States v. Hemani. The brief leans into a familiar playbook, arguing modern cannabis is linked to psychosis and violence and even claiming it is more dangerous than alcohol, with the clear goal of giving the Court an easy public-safety rationale for keeping cannabis users in a disarmed category. (Marijuana Moment)

๐Ÿ›๏ธ Rep. Mike Lawler (R-NY) said Trump would be โ€œwrongโ€ to reschedule marijuana, calling it a โ€œgateway drugโ€ and arguing that higher-THC products today make the move unwise even though rescheduling would not federally legalize cannabis. He paired the critique with the fentanyl frame, praising the administrationโ€™s cartel and border posture while urging the White House to keep the focus on opioids and demand reduction. (Marijuana Moment)

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