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Federal Cannabis Rescheduling: What It Really Means for Cannabis Businesses

  • Writer: Tina Maiolo
    Tina Maiolo
  • 16 hours ago
  • 3 min read
Join us at the Maryland Cannabis Mixer 2025 on May 2 in Baltimore! Network with industry leaders, explore new opportunities, and stay up to date on cannabis regulations

On December 18, 2025, President Donald Trump signed an executive order directing federal agencies to reclassify cannabis from a Schedule I to a Schedule III drug under the federal Controlled Substances Act, a policy change with important implications for cannabis companies, especially plant-touching operators, carriers, and businesses.




WHAT DOES RESCHEDULING CANNABIS ACTUALLY MEAN?


Under the Controlled Substances Act (CSA), drugs are placed into “schedules” based on their perceived risk and medical use. For decades, cannabis was classified as Schedule I — the most restrictive category — alongside drugs like heroin and LSD, on the basis that it had no accepted medical use and a high potential for abuse.

Moving cannabis to Schedule III reflects federal acknowledgment that the plant does have accepted medical use and a lower risk profile than Schedule I substances. Schedule III includes medications such as ketamine, anabolic steroids, and Tylenol with codeine.


What it doesn’t mean:


  • Federal legalization: Cannabis remains illegal under federal law for recreational use.

  • Interstate transport: Crossing state lines with cannabis is still prohibited without federal approval.

  • Automatic banking reform: Rescheduling alone doesn’t guarantee full access to all financial services; additional legislative changes would still help.


What it does mean:


  • Federal medical recognition: The government is officially recognizing cannabis as having legitimate medical use, which alters how the drug is treated under federal law.

  • Reduced stigma and easier research: Lower scheduling helps open doors for scientific study and advanced clinical research into new therapies.

  • Changes in tax and business treatment: Rescheduling can unlock financial and operational benefits for cannabis businesses — a major shift after decades of strict federal prohibition.

 

Why Rescheduling Matters for Cannabis Businesses


Big Tax Benefits (280E Changes)


One of the most talked-about impacts of rescheduling is its effect on federal taxes:

  • Section 280E of the Internal Revenue Code currently bars cannabis businesses from deducting ordinary business expenses (like payroll, rent, utilities) because cannabis is a Schedule I substance.

  • Schedule III status wipes that restriction away, allowing businesses to deduct normal operating expenses — dramatically improving profit margins and cash flow.

For cultivators, processors, retailers, and carriers, where operating costs are high, this could be transformative, freeing up capital that was previously lost to punitive tax burdens.

 

Improved Financial and Banking Prospects


Rescheduling doesn’t force banks to service cannabis businesses, but it reduces federal risk and encourages financial institutions to reconsider partnerships with state-legal operators. Better banking access means:

  • Checking and savings accounts

  • Payment processing

  • Credit lines and lending facilities

  • More attractive terms for leasing and expansion

While full banking normalization would still benefit from congressional action (like SAFE Banking-type legislation), rescheduling is a meaningful step forward.

 

Expanded Research and Medical Innovation


Schedule III status signals federal recognition of cannabis’s medicinal potential, which:

  • Makes it easier for universities and pharmaceutical companies to conduct clinical studies

  • Spurs development of cannabinoid-based drugs and therapies

  • Supports evidence-based innovation in treatment areas like pain management, neurological conditions, and chronic illness

For biotech outfits and research partners in the region, this could unlock collaborations that were previously stalled by regulatory barriers.

 

Ongoing Challenges and Complexities


While rescheduling is big news, it isn’t full legalization and several hurdles remain:


Federal Illegality Remains


Cannabis still violates the federal CSA, meaning recreational supply and sales remain illegal at the national level without additional legislation.


FDA & DEA Oversight


Products will likely need FDA approval to cross state lines legally, and businesses handling Schedule III cannabis products must comply with DEA and FDA regulations, which can be costly and complex, particularly for smaller operators.


Interstate Commerce Restrictions


Rescheduling alone doesn’t permit shipping cannabis between states. Interstate commerce remains restricted until federal frameworks change.


Persistent Legal Risks


Federal illegality still carries risks, including questions about criminal penalties, bankruptcy protections, insurance coverage, and immigration implications for employees, which could persist without further reform.

 

What This Means for Local Companies


  • Growers & Processors: Rescheduling could ease tax burdens and free up capital for equipment, staff, and expansion — a huge advantage in the capital-intensive cultivation business.

  • Retailers & Delivery Services: Lower federal taxes could translate to more competitive pricing and improved bottom lines, helping legal operators better compete with illicit markets.

  • Carriers & Logistics Providers: Even without interstate transport reform, carriers working within state lines may benefit from better access to banking and financing for fleet and operational scaling.

  • Investors & Partners: Reduced risk and improved profitability could attract institutional capital that has historically stayed on the sidelines.

 

Bottom Line: Incremental Reform, Not Full Legalization


President Trump’s executive order marks a significant shift in federal cannabis policy — improving economic and operational conditions for legal cannabis businesses while acknowledging medicinal value, but it stops short of full legalization or interstate commerce reform. Continued advocacy, legislative action, and regulatory evolution remain essential to unlock the full potential of the legal cannabis industry.

 

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