The cannabis industry in the United States is on the cusp of a period of growth and innovation. However, outdated federal laws continue to hold it back. The federal rescheduling of cannabis offers a transformative opportunity, especially for small and minority-owned businesses that form the backbone of the industry. These vital enterprises face unique and often daunting challenges.

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Why small businesses matter

Small businesses are the lifeblood of the cannabis industry, driving local economies and embodying the principles of social equity. Many of these businesses are minority-owned, contributing to a more inclusive and diverse industry landscape. However, they face severe financial constraints and regulatory challenges. 

Unlike other sectors, cannabis businesses cannot access bankruptcy relief, even when facing failure. According to the Bureau of Labor Statistics, around 70 percent of small businesses fail within the first 10 years. In the cannabis sector, these odds are even steeper due to additional legal and financial barriers. Dutchie, a provider of technology solutions for cannabis dispensaries, and the Minority Cannabis Business Association (MCBA) have been working closely with these businesses as they navigate this complex landscape.

Federal law currently classifies cannabis as a Schedule I substance, alongside heroin and LSD. This classification not only stigmatizes the industry but also imposes significant financial burdens, especially on small businesses. Cannabis operators are unable to deduct standard business expenses from their federal taxes, which can lead to effective tax rates as high as 70 percent. 

In 2022, cannabis operators were burdened with over $1.8 billion in additional taxes compared to ordinary businesses, according to a Whitney Economics study. This punitive tax policy disproportionately affects small and minority-owned businesses, which operate on thinner margins and have less access to capital compared to larger, more established companies.

The impact of rescheduling

Rescheduling cannabis to a lower classification would alleviate many of these financial pressures. By allowing cannabis businesses to take standard tax deductions, some power would be reclaimed from being at the mercy of predatory lending, enabling these small businesses to reinvest in their operations and communities. This change would foster greater industry diversity and innovation, as businesses that were previously on the brink of collapse would have the breathing room to thrive.

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Moreover, rescheduling would signal a shift in federal attitudes toward cannabis, encouraging more states to adopt sensible regulations. This should reduce the patchwork of state laws that currently complicate operations for multi-state operators and create opportunities for small businesses to expand.

A transformative step in the right direction

Critics may argue that rescheduling does not go far enough and that full legalization is the only solution. While full legalization would indeed resolve many issues, it is crucial to recognize the immediate and tangible benefits that rescheduling offers. For many small businesses, the ability to take standard tax deductions could mean the difference between survival and failure. This pragmatic approach addresses a significant barrier while building momentum for broader reform.

Furthermore, rescheduling can facilitate research into cannabis, providing scientific backing for its medical benefits and potential risks. This evidence-based approach would bolster arguments for full legalization and help shape responsible regulatory frameworks. In this sense, rescheduling is not just a stopgap but a strategic step towards comprehensive reform.

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Federal rescheduling of cannabis is not merely a regulatory adjustment but a transformative step toward empowering small and minority-owned businesses. Like securing a first down in football, rescheduling is a crucial move toward the ultimate goal of full normalization. By enabling small businesses to operate efficiently, rescheduling will provide much-needed relief, fostering diversity, innovation, and community involvement within the cannabis industry.

In conclusion, rescheduling cannabis will help small cannabis businesses transition from crisis mode to being able to scale and improve operations. It is a lifeline offering immediate financial relief and paving the way for a more equitable and prosperous cannabis industry. The time to act is now—the Federal Register is still accepting comments on rescheduling until July 22nd. Rescheduling is not just about fairness; it’s about the future of an industry that holds tremendous promise for economic growth and social equity.