Update On Pending Hemp Legislation In 7 States

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.

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.

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.

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.

The DEA's marijuana rescheduling hearing has been unexpectedly stayed following a motion to admit a new GAO report examining agency scheduling procedures. With the proceeding on hold and the medical marijuana Schedule III order facing legal challenges in the D.C. Circuit, the cannabis industry's path to federal tax relief through rescheduling has become increasingly uncertain.

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...

On Tuesday, October 20, 2026, the Allegheny County Council passed legislation requiring employers with at least 15 workers to provide 12 weeks of paid parental leave, ending months-long debate on the proposal. We previously reported on the initial 18-week proposal in May 2026 (summarized here), the revised proposed legislation (summarized here), and the Allegheny County Board of Health passing the legislation (summarized here). The measure was passed in an 11-4 vote. It will become effective in one year, as County Executive Sara Innamorato signed the bill on, October 22, 2026.

On August 21, 2026, the Tenth Circuit granted the NCAA’s stay request in Wisne v. NCAA, temporarily restoring the NCAA’s age-based eligibility rules pending resolution of the appeal. Three weeks earlier, Judge Sweeney of the District of Colorado had issued a nationwide injunction that permitted athletes in the Class of 2022 to pursue a fifth year of eligibility.

U.S. Customs and Border Protection has announced that importers with court orders for IEEPA duty refunds on finally liquidated entries can begin filing for those refunds starting October 6, 2026, through the CAPE Phase 3 system. This development follows the Supreme Court's February 2026 decision striking down IEEPA tariffs and represents a critical step for importers seeking refunds on entries liquidated for more than 80 days.

A federal court has issued a nationwide injunction blocking the NCAA from enforcing its new five-year eligibility rule against Division I athletes who graduated high school in 2022. The ruling creates immediate compliance challenges for athletic departments as they navigate roster management, revenue-sharing caps, and potential penalties while the NCAA appeals the decision.

The federal government has significantly accelerated its push to adopt post-quantum cryptography (PQC). Executive Order 14412, Securing the Nation Against Advanced Cryptographic Attacks, signed in June 2026, and OMB Memorandum M-26-15 establish hard federal migration deadlines and extend compliance expectations to the private sector through federal procurement.

In October 2025, California Governor Gavin Newsom signed Assembly Bill 1503 into law, marking a significant change for pharmacies located outside California...

As previously reported, the FDA’s Pharmacy Compounding Advisory Committee (PCAC) recently voted in favor of adding six peptides—BPC-157, KPV, TB-500...

The Defense Counterintelligence and Security Agency has released its 2026 annual report revealing alarming trends in foreign exploitation of U.S. cleared contractors and sensitive technologies. With over 22,000 suspicious contact reports and 2,900 identified incidents in FY 2025, the report exposes how foreign entities systematically target subject matter experts and leverage cyber operations to access classified information. The analysis highlights critical shifts in threat patterns, communication methods,

On September 3, 2026, the U.S. Department of the Treasury and the Internal Revenue Service (IRS) issued proposed regulations under Section 501(c)(3) that could materially affect private education in the United States. The proposal would apply a broad nondiscrimination standard based on race, color and national or ethnic origin, with significant implications for private schools, colleges and universities seeking or maintaining tax-exempt status under Section 501(c)(3).

A House Committee staff report proposes shifting federal health care programs from a "pay and chase" to a "detect and prevent" fraud model, identifying high-risk service lines and recommending expanded enforcement authority for CMS. The report examines case examples involving pharmacies, telemedicine platforms, and multi-state schemes, while acknowledging that improper payments encompass a spectrum from documentation errors to deliberate billing fraud.