Alabama has triggered a state review process over federal marijuana rescheduling, but legal experts say headlines calling it an “opt-out” miss the mark. When the DEA reclassified medical marijuana to Schedule 3 in April, Alabama law required automatic adoption—unless the State Committee of Public Health objected within 30 days. It did, prompting a review that wraps after a public comment period closing August 5.

State health officials say they simply need time to evaluate how the change affects Alabama’s already-troubled medical cannabis rollout, which launched in June after years of delays. Attorneys note the state’s existing program remains legal regardless of the outcome, and tax relief under IRS Code 280E stems from federal action, not state law. The bigger question is expansion: if Alabama keeps marijuana at Schedule 1 internally, it could face dormant commerce clause challenges once interstate cannabis shipping begins.

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