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Federal Cannabis Rescheduling in 2026: Where Things Actually Stand


2 min read

Quick Answer

Has cannabis been rescheduled federally in 2026?

Partly. In April 2026, FDA-approved marijuana products and state-licensed medical marijuana moved to Schedule III, and in September 2026 the D.C. Circuit left that order in place. Recreational, adult-use cannabis, the kind sold at New York dispensaries like Nuna Harvest, is still Schedule I federally. The DEA held a hearing on rescheduling it in mid-2026, but no final decision or IRS guidance on 280E tax relief has been issued, so there is no confirmed date yet.


Cannabis rescheduling has been one of the most searched cannabis topics all year, and for good reason, it directly affects taxes, banking, and eventually pricing at the counter. Here’s where things actually stand as of this month, without the hype.

What has already changed

In April 2026, the Acting Attorney General moved FDA-approved marijuana products and state-licensed medical marijuana into Schedule III of the Controlled Substances Act. That’s a real, finalized change, not a proposal. Opponents sued to block it, but on September 9, 2026, the D.C. Circuit Court left that medical rescheduling order in place, ruling the challengers hadn’t shown they’d be harmed by it.

What hasn’t changed yet

Recreational cannabis, the kind sold at dispensaries like ours, is still Schedule I federally. The DEA held a formal administrative hearing on rescheduling recreational marijuana from June 29 through July 15, 2026, and in its closing brief the DEA itself argued cannabis no longer meets the criteria for Schedule I. But as of early September, the administrative law judge hadn’t issued a recommendation, and the IRS still hasn’t published guidance on how the related 280E tax changes would actually apply to state-licensed businesses.

In plain terms: the process is moving, medical cannabis has already crossed the line, and recreational is next in the queue, but there’s no confirmed date for a final decision.

Why this matters for what you pay

280E is the federal tax code section that currently blocks cannabis businesses from deducting normal operating expenses, the way any other retailer can. If recreational cannabis is eventually rescheduled, retailers across New York, including us, would see real relief on that front, which is part of why prices have room to keep trending down as the market matures.

Our take, and where to learn more

We try to keep customers informed without the noise. If you want the fuller breakdown of how 280E and Schedule III intersect with New York’s own rules, we covered it in more depth in our Learn section, where we post plain-language explainers as regulations shift.

In the meantime, nothing changes about how you shop with us, every product on our shelves, from flower to tinctures to topicals, is fully licensed, lab-tested, and compliant under New York’s adult-use program today.

Browse the full menu or stop by our Mt. Vernon location for pickup and free local delivery.

For use only by adults 21+. Please consume responsibly.

 

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