The Either/Or Market Remains Undefeated
The Equal Weighted indices have been on a tear lately, while the Nasdaq has not. It’s been the story of 2026. You can go with this, or you can go with that.
The Equal Weighted indices have been on a tear lately, while the Nasdaq has not. It’s been the story of 2026. You can go with this, or you can go with that.
Agentic AI, rising prices and a path to 54% gross margins underscore our thesis.
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After an extended oversold period, the S&P Short Range Oscillator finally moved into overbought (at 0.06%).
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Closing Volume
– NYSE volume 9% below its one-month average
– NASDAQ volume 16% below its one-month average
– VIX index: up 0.39% to 15.27
Breadth

S&P 500 Sectors

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Heat Maps


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New lows topped 500 and more than 60% of stocks are below their 200-day averages, while the mega caps hit another record.
The Dales Report with Shadd and Anthony discusses the rescheduling issue today.
“Trade to Black” is by far the best real-time source of all things cannabis.
The podcast started at 4 PM.
Let’s go to the tape.
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Guidance on production rates and expected deliveries will be our focus later this month.
Today’s deadline is a filing deadline, not a decision point. October 13 is a filing deadline, not a scheduled restart or decision date. Chief ALJ Derek Julius set no deadline for a ruling on the motion or for a recommended decision. I couldn’t find reporting yet on what was actually filed today, so what follows is my read of the likely paths. mgmagazinemugglehead
What’s being decided: The order directs the government and other participants to respond to a motion seeking to introduce the newly released GAO report into the administrative record. The government’s response may run up to 20 pages. Other designated participants may respond under the same specifications but aren’t required to. gmlawkindgreenbuds
Likely outcomes after the filings
What the government is likely to argue: The GAO report found that for all 84 substances with final rules requiring a federal health recommendation, DEA’s decisions aligned with the recommendation. The agencies also concurred with GAO’s recommendations for written policies and an updated FDA–NIH agreement. That gives them room to argue the report is procedural, not substantive, and doesn’t undermine the Schedule III findings. I can’t confirm that’s the position they took in their filing. muggleheadkindgreenbuds
What doesn’t change: Whatever happens, April’s separate medical-cannabis order is unaffected. Even after the judge resumes, his recommendation is only a step toward agency action, rather than the final rule itself. The DEA Administrator still has to act. mgmagazinekindgreenbuds
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