§280E After Rescheduling

Three questions, then a structured set of considerations.

Tell us about your operations. We'll surface the positions that may now be open to you, the risks worth flagging, and the documentation worth assembling. Not advice; a starting point.

Federal Context

What changed in April 2026.

DOJ Final Order

Effective April 22, 2026; Federal Register publication April 28, 2026. Places state-licensed medical marijuana and FDA-approved products in Schedule III.

Treasury / IRS Announcement

April 23, 2026. Forthcoming guidance to address §280E. Signaled transition rule applying rescheduling to the full taxable year 2026 for qualifying activities. Apportionment for mixed operators contemplated.

Retroactive Relief

DOJ encouraged Treasury to consider; Treasury has not committed. Practitioners commonly suggest protective claims to preserve refund rights pending guidance.

DEA Registration Window

Expedited review for applications filed within 60 days of Federal Register publication: deadline approximately June 27, 2026. Broader rescheduling hearing June 29 – July 15, 2026.

Diagnostic

Tell us about your operations.

Three questions. The output is a set of considerations specific to your situation, organized into open positions, open risks, and documentation worth assembling.

Question 01

What kind of operator are you?

Medical-licensed only

Adult-use only

Mixed — both medical and adult-use

Question 02

Which states do you operate in?

Question 03

What's your entity structure?

LLC pass-through

S-corporation

C-corporation

Multi-entity structure

Answered 0 / 3

Answer all three questions to see your considerations.

Your inputs

Open Positions

Positions that may now be available to you given the April 2026 rescheduling. Each is a question worth working through with qualified counsel, not a recommendation.

Open Risks

Issues to be aware of before taking a position. State-level treatment is independent of the federal change in many cases.

Documentation Worth Assembling

Records worth gathering before any §280E analysis. The earlier these are organized, the cleaner the conversation can be.

Engage

Want to work through these with counsel?

For specific advice on amendment strategy, allocation methodology, entity restructuring, and other §280E planning — engage Clarity Tax Counsel directly.

info@claritytaxcounsel.com →

Attorney Advertising

Clarity Tax Counsel PLLC. Josh Hamlet admitted in New York and the District of Columbia. This diagnostic is provided for informational purposes only and does not constitute legal or tax advice. Use of this tool does not create an attorney-client relationship. Outcomes depend on specific facts and circumstances. Prior results do not guarantee a similar outcome. State law and Treasury/IRS guidance continue to develop. Information reflects publicly available sources as of May 2026 and may not reflect subsequent amendments. Consult qualified counsel before taking any position based on this content.