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ARTICLE · 23 FEBRUARY 2026

Top Issues In The Cannabis Industry For 2026

ArentFox Schiff
ArentFox Schiff
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2026 brings cautious, steady progress in a continually evolving regulatory and commercial landscape. Stakeholders should expect ongoing change across policy, markets, compliance...

United StatesCannabis & Hemp

2026 brings cautious, steady progress in a continually evolving regulatory and commercial landscape. Stakeholders should expect ongoing change across policy, markets, compliance, and enforcement, creating both risks and opportunities for teams that plan ahead and adapt quickly.

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1. Banking and Payments Access (SAFER Banking and Beyond)

Federal cannabis policy is shifting, but do not expect major banks to follow. While marijuana reclassification to Schedule III would ease some regulatory burdens, it does not equal legalization, and most major banks will remain on the sidelines until explicit safe harbor laws pass. This means cannabis businesses will continue to face barriers to basic deposit accounts, merchant services, and payment processing. Big banks continue to view cannabis proceeds as carrying significant compliance risk under federal law, and the SAFER Banking Act remains the clearest path to industry-wide banking reform — rescheduling alone will not open

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