Measure provides short-term fiscal and regulatory relief for medical cannabis operators
The United States Department of Justice on Thursday (April 23, 2026) reclassified medical marijuana as a less dangerous drug. He said, in a note, that the measure “expands access to approved therapies and supports state-regulated medical marijuana programs”.
This action represents one of the biggest changes in US drug policy in decades and reshapes the regulatory and financial landscape of an industry that is expected to generate more than US$38 billion in North America in 2026, according to data from the platform.
The measure provides tax and regulatory relief for operators of cannabis medicinal. With the reclassification, the substance is no longer subject to Section 280E of the Internal Revenue Code, which prevents deductions and credits for any amounts spent in conducting a business that consists of trafficking in Schedule 1 or 2 controlled substances prohibited by federal or state law.
In a statement released on Thursday (April 23), the US Treasury said it expected the reclassification “has significant positive tax consequences for companies in the medical cannabis sector” and stated that it plans to publish guidance “to address key federal tax issues arising” of the action.
Market representatives spoke about expectations for more favorable tax treatment, greater access to research and clearer federal pathways for companies in the medical field.
Here’s what they said:
- Anthony ConiglioCEO yes – “[A ação é] a historic milestone for cannabis patients and the industry. The United States has taken a significant step toward recognizing what patients, doctors, and operators have long known: that cannabis has legitimate medicinal value. (…) For medical marijuana operators, this action has an immediate impact. (…) At the same time, this is a partial measure, not a complete reform. The order does not extend to adult-use cannabis, does not legalize marijuana at the federal level and does not resolve the industry’s banking challenges. The broader reclassification process remains of crucial importance.”;
- Terry MendezCEO yes – “For state-licensed medical operators who meet the requirements, the order eliminates the prohibition on standard business deductions, as Section 280E only applies to Schedules 1 or 2 substances [a reclassificação coloca a maconha na Lista 3]. Historically, this provision has raised effective federal tax rates as high as 70% or more, materially restricting cash flow and distorting financial performance. Section 280E relief should improve operators’ liquidity, financial transparency, and creditworthiness, key factors for sustainable banking relationships.”;
- Betty Aldworthco-executive director of and president of – “Cannabis is no longer a marginal issue. It is a US$38 billion, state-regulated sector operating across much of the country, with proven impacts on public health, the economy and society. (…) If this government is serious about reform, it must go beyond reclassifying substances and address criminalization, lifetime restrictions resulting from prisons and financial exclusion. Anything less than this will continue to leave patients, healthcare professionals and communities, especially those most harmed by prohibition, waiting of a change that never comes completely.”;
- Irwin SimonCEO yes – “Reclassification has the potential to accelerate clinical research, expand access, and raise standards of quality, consistency, and safety that establish medical cannabis as a legitimate pillar of modern healthcare.”;
- Kim RiversCEO yes – “This sends a signal that marijuana should not be classified in the same way as heroin and that there is undoubtedly a recognition – a requirement for Schedule 3 – that there are acceptable medicinal uses for marijuana.”;
- Inesa PonomariovaiteCEO and founder of – “For this transition to bring real public health benefits, it needs to be accompanied by a commitment to data-driven standards, better education about the endocannabinoid system, and a more collaborative approach between healthcare sectors, regulators, and industry.”;
- Aras AzadianCEO yes – “Since the initial decree [assinado pelo presidente dos EUA, (Partido Republicano) em dezembro, determinando que fosse feita a reclassificação da maconha]we have been preparing for what could be a post-reclassification scenario in the US and the opportunities to advance in R&D [Pesquisa e Desenvolvimento]clinical development and translating our comprehensive platform of cannabinoid-based medicines from Canada to the North American market.”;
- Melissa SturgessCEO yes – “For Ananda, this means we can accelerate our clinical trials and plan to launch a licensed CBD-based medicine for the treatment of endometriosis pain. The millions of women who suffer from this debilitating condition deserve non-hormonal treatment that eases their suffering.”;
- Brett Schumanco-chair of the cannabis practice at – “We cannot forget the many people still serving time in federal prisons, whether life in prison or other long sentences, for non-violent cannabis-related crimes. Today’s change in federal law requires that these sentences be reviewed and, in most cases, commuted.”;
- Mark Lewispresident of special payments at – “Dispensary operators still have to figure out how to pay employees, how to accept payments seamlessly, and how to maintain cash flow in a system that doesn’t fully support their business. This will not change overnight, if at all, with the rescheduling.”.
The reclassification does not legalize the use of marijuana at the federal level, whether for recreation or medicinal purposes. In the USA, each state has its own legislation – around 40 allow the medical use of the substance, while around 25 allow recreational use. What the decision on Thursday (April 23) does is facilitate scientific research on the use of the substance.
Trump, in December 2025, issued a decree ordering the DEA to speed up the reclassification process. The measure fulfills a Republican campaign promise to remove bureaucratic barriers to scientific research.
In practice, reclassification allows researchers to use cannabis authorized by the State in which they are located for their research without the risk of being punished. It also allows marijuana growers and distributors to register with the DEA.
According to the Department of Justice, a hearing will be held starting June 29 to “consider broader reclassification of marijuana” to List 3. This process “will provide a timely and legally compliant path to evaluate broader changes to marijuana’s status under federal law.”.
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