On April 23, 2026, Acting Attorney General Todd Blanche announced that the Justice Department ordered the rescheduling of marijuana products that are FDA-approved or regulated by a state medical marijuana program. These products will move from Schedule I to Schedule III of the Controlled Substances Act (“CSA”). Today’s order also creates an expedited DEA registration framework for state-licensed medical marijuana businesses.

We previously covered President Trump’s December 18, 2025, executive order to fast-track rescheduling. But news had been quiet on rescheduling for months, making today’s groundbreaking announcement, while welcome, a bit unexpected. In this post, we quickly highlight what today’s DOJ order does and does not do, and we look ahead at what’s to come.

Continue Reading Breaking Down the Groundbreaking Rescheduling Of Medical Marijuana To Schedule III

Michigan licensees—DO NOT MISS A MAJOR CHANGE IN WHOLESALE TAX ADMINISTRATION!

The first payments for Michigan’s new wholesale are due, ironically, on April 20.  As we previously reported, FAQs published by the Michigan Department of Treasury just a few weeks ago announced that product transferred to a retailer before the tax took effect on…

Takeaways

  • Michigan’s new 24% wholesale cannabis tax is in effect on January 1; however, Treasury’s last-minute guidance raises significant compliance, pricing, and litigation risks for licensees.
  • Treasury’s use of a blanket “average wholesale price” based on assumed markups—not actual transaction data—may conflict with statutory and constitutional requirements.
  • With constitutional challenges pending and more litigation expected, cannabis businesses should prepare now for audits, disputes, and rapidly evolving enforcement positions.

As the new year is upon us, Michigan’s wholesale cannabis tax takes effect on January 1. A mere 35 hours beforehand, Michigan’s Department of Treasury published the “average wholesale price” to be used for affiliate transfers and updated its FAQ’s. Treasury has also prepared a draft Revenue Advisory Bulletin—although Treasury has not made this public on their wholesale marijuana tax webpage.

Continue Reading January 1 for Michigan Cannabis: A New Year, A New Headache

Takeaways

  • President Trump’s executive order significantly accelerates the long-stalled federal process to reschedule marijuana to Schedule III.
  • Rescheduling could eliminate Internal Revenue Code Section 280E, fundamentally changing the tax economics of cannabis businesses.
  • A move to Schedule III could unlock new federal opportunities, including potential access to trademark protections previously unavailable to cannabis operators.

On December 18, 2025, President Trump signed an executive order to fast-track the reclassification of marijuana from Schedule I to Schedule III under the Controlled Substances Act (CSA). Schedule I is the most restrictive classification under the CSA and is reserved for drugs with no currently accepted medical use and a high potential for abuse. Other Schedule I drugs include heroin, LSD, and ecstasy. By contrast, Schedule III drugs are those with a moderate to low potential for physical and psychological dependence, such as Tylenol with codeine. The gravity of this decision and its impact on the cannabis industry cannot be overstated.

Continue Reading President Trump Signs Executive Order To Reschedule Marijuana To Schedule III: Quick Takeaways for Cannabis Operators