Section 280E – Why Are We Still Having This Discussion?

Yesterday afternoon, the Washington Post and other sources reported that President Trump is expected to issue an executive order directing federal agencies to reclassify marijuana...

Alexander G. Malyshev and Sarah H. Ganley examine the final order rescheduling cannabis from Schedule I to Schedule III of the Controlled Substances Act. The analysis clarifies that this rescheduling applies specifically to medical cannabis and does not constitute federal legalization of cannabis.

The House has passed a short-term funding bill postponing the federal ban on hemp-derived THC products from November 12th to December 11th. With comprehensive legislation unlikely before the new deadline and competing interests from cannabis sellers, alcohol producers, and state regulators creating policy gridlock, the future of intoxicating hemp products remains uncertain as midterm elections approach.

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, the DEA decided to pause its consideration of adult-use marijuana rescheduling.

On November 12, 2025 the President signed the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026 (H.R. 5371) into law.

The landscape surrounding Section 280E of the Internal Revenue Code continues to evolve with President Trump's Executive Order on medical marijuana rescheduling, advancing litigation in New Mexico Top Organics v. Commissioner, and shifting regulatory signals. Cannabis taxpayers face critical decisions about taking "non-280E" positions on their tax returns while the IRS maintains its enforcement stance and the U.S. Tax Court case addressing common arguments remains pending.

Multiple news sources reported today that the DEA will be recommending rescheduling cannabis to a Schedule III drug.

On April 23, 2026, U.S. Attorney General Todd Blanche signed a final order moving FDA-approved marijuana drug products and state-licensed medical cannabis from Schedule I to Schedule III of the Controlled Substances Act.

If you are a security clearance holder, or looking to obtain one in the near future, you may be aware that reclassification of marijuana (cannabis, weed, pot) from a Schedule I drug to a Schedule III...

Today, the Michigan Cannabis Regulatory Agency (the "CRA") published a much-anticipated schedule of disciplinary guidelines after months of requests from stakeholders throughout the industry...

California Governor Newsom has signed Senate Bill 574 into law, establishing the nation's first statutory framework governing how attorneys and arbitrators use generative AI in their professional practice. The legislation creates specific obligations around confidentiality protection, accuracy verification, and disclosure requirements that take effect January 1, 2027.

U.S. Citizenship and Immigration Services has issued Individual Notices permitting certain Salvadoran Temporary Protected Status beneficiaries to demonstrate continued work authorization through September 9, 2026. This development arrives weeks after most TPS-based Employment Authorization Documents expired, creating challenges for employers and employees navigating reverification procedures and compliance requirements.

The Department of Homeland Security has confirmed that Salvadoran Temporary Protected Status beneficiaries remain protected despite the September 9, 2026 expiration date, though no formal announcement has been made regarding the program's future. This development raises critical questions about employer obligations and the potential scenarios that may unfold, including termination with a 60-day notice period or an extension of the designation.

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, the DEA decided to pause its consideration of adult-use marijuana rescheduling.

California's 2026 legislative session concluded with fewer employment bills than in previous years, but several significant measures await Governor Newsom's decision by September 30. Key proposals address automated decision systems in employment, workplace surveillance restrictions, expanded bereavement leave, AI-driven workforce displacement notices, and modifications to last year's controversial "stay-or-pay" legislation.

The California Occupational Safety and Health Standards Board has approved significant revisions to California’s workplace first aid requirements for both construction and general industry. For general industry employers, the most notable change is the elimination of the longstanding requirement that first aid kit contents be approved by a consulting physician. Instead, employers may now comply by providing a first aid kit meeting ANSI/ISEA Z308.1-2021 Class A requirements.

The legal profession has spent the past few years asking whether generative AI is trustworthy. Will it draft a contract, research an issue, summarize a record, or invent a case with impressive confidence? California’s new law shifts the focus to a more practical question: who takes responsibility when lawyers use it?

Federal ADA Title III lawsuit filings have reached 5,006 cases at mid-year 2026, marking the highest level since 2021 and suggesting a potential record-breaking year ahead. California continues to dominate with 2,426 cases, while new plaintiffs' firms enter the market and filing patterns shift across states. Will 2026 surpass the all-time high of 11,452 lawsuits set in 2021?

The European Commission has announced that EU AI Act transparency rules take effect August 2, 2026, requiring chatbots to identify themselves, deepfakes to be labeled, and AI-generated content to be marked. Organizations must assess whether their AI systems trigger disclosure, labeling, or content-marking requirements, with limited exceptions and penalties reaching €15 million or 3% of global turnover for noncompliance.

The EU Cyber Resilience Act introduces mandatory cybersecurity requirements for products with digital elements sold in the European market, establishing a comprehensive framework for hardware and software security. Starting September 11, 2026, manufacturers face new reporting obligations for actively exploited vulnerabilities and severe security incidents, with strict timelines ranging from 24 hours to one month depending on the type of report.