Cannabis Legal Brief

Federal Schedule III Rescheduling, 280E Relief, ATF Rules and Securities Access

Federal Schedule III Rescheduling, 280E Relief, ATF Rules and Securities Access

Key Questions

What does the DEA's Schedule III rescheduling mean for medical cannabis operators?

The DEA's narrow Schedule III order applies only to medical products and enables immediate 280E tax relief for medical operators. Adult-use operators must wait for further changes, and rescheduling does not expunge criminal records.

When are the DEA hearings on cannabis rescheduling scheduled?

DEA hearings are set for June 29 through July 15. Anti-pot advocates have already previewed their arguments against the move.

Which states are challenging the rescheduling in court?

State AGs from Nebraska, Indiana, and Louisiana filed a lawsuit to block rescheduling, with Indiana AG Rokita joining on May 28. The Supreme Court's Loper Bright decision may also impact DEA rulemaking authority.

Can medical cannabis be carried on planes under new TSA rules?

TSA now permits medical cannabis in carry-on luggage. This change provides immediate practical relief for patients traveling with approved medical products.

What was the status of legal marijuana revenue in 2025?

Legal marijuana revenue declined for the first time in 2025, though states have now surpassed $28B in cumulative tax revenue, including $4.57B collected in 2025 alone.

DEA narrow Schedule III order applies only to medical products, enabling 280E relief. DEA hearings set for June 29-July 15. Anti-pot advocates previewed their arguments. State AGs (Nebraska, Indiana, Louisiana) filed lawsuit to block rescheduling; Indiana AG Rokita joined May 28. Supreme Court's Loper Bright decision casts doubt on DEA rulemaking. TSA now allows medical cannabis in carry-on. Medical operators get immediate 280E relief, adult-use must wait. ASA emergency state guidance for June 26 DEA registration deadline. Rescheduling does not expunge records. Legal marijuana revenue declined for the first time in 2025; states surpassed $28B cumulative tax revenue, $4.57B in 2025 alone.

Sources (3)
Updated Jul 2, 2026