Stock Markets April 23, 2026 09:48 AM

U.S. Moves to Reclassify FDA-Approved, State-Licensed Marijuana; Cannabis Stocks Rally

Department of Justice shifts FDA-approved and state-licensed marijuana from Schedule I to Schedule III, prompting stock gains and raising questions about taxes and banking access

By Sofia Navarro WEED
U.S. Moves to Reclassify FDA-Approved, State-Licensed Marijuana; Cannabis Stocks Rally
WEED

Shares of several publicly traded cannabis companies climbed after the U.S. Department of Justice announced it was rescheduling FDA-approved and state-licensed marijuana from Schedule I to Schedule III and opening an expedited hearing on broader rescheduling. Executives hailed potential benefits for clinical research, tax treatment under Section 280E, and access to capital.

Key Points

  • DOJ announced immediate rescheduling of FDA-approved and state-licensed marijuana from Schedule I to Schedule III and opened an expedited hearing for broader rescheduling.
  • Shares of Cronos Group, Aurora Cannabis, Canopy Growth and Tilray Brands rose between about 6% and 13% following the announcement.
  • Rescheduling removes affected products from Section 280E tax restrictions, potentially freeing companies to claim business deductions and improving access to capital.

Shares of listed cannabis companies rose sharply after a federal change in classification for certain marijuana products, with prices for several producers moving higher in response.

In a post on X, Acting Attorney General Todd Blanche said the Department of Justice was "immediately rescheduling FDA-approved marijuana and state-licensed marijuana from Schedule I to Schedule III." The department also announced it was initiating an expedited hearing to consider broader rescheduling of marijuana.

Market reaction was swift. Cronos Group, Aurora Cannabis, Canopy Growth and Tilray Brands each climbed in the aftermath of the announcement, with gains in the range of roughly 6% to 13%.

Many industry participants characterized the step as significant, with some calling it the "most consequential federal cannabis policy development in decades." Executives emphasized practical consequences for operations, research and finances.

Tilray CEO Irwin Simon said in a statement that "Rescheduling has the potential to accelerate clinical research, broaden access and elevate the quality, consistency, and safety standards that establish medical cannabis as a legitimate pillar of modern healthcare."

One immediate financial effect is relief from a long-standing federal tax provision. Cannabis businesses previously operating with Schedule I or II substances have been subject to Section 280E, a provision of U.S. federal tax law that prevents businesses dealing in Schedule I- and II-controlled substances from claiming tax credits and deductions for business expenses. Firms that now fall under Schedule III treatment would not be subject to that restriction.

Executives quantified potential savings. Verano CEO George Archos had said, "We’ve previously quantified rescheduling would save Verano an estimated $80 million in annual 280E expenses that we could invest back into our operations, putting us on a level-playing field with any other legal business."

Beyond tax relief, the decision could alter capital markets dynamics for the sector. The article noted that federal restrictions have historically kept most banks and institutional investors on the sidelines, forcing cannabis producers to rely on costly loans or alternative lenders. Easing of federal constraints could improve access to funding, though the department has so far limited the immediate rescheduling to FDA-approved and state-licensed marijuana while the expedited hearing considers broader changes.


Context and next steps

The Department of Justice's announcement applies at once to FDA-approved and state-licensed marijuana, while a faster-track public process has been opened to evaluate whether broader rescheduling is warranted. The outcome of that hearing will determine how widely these changes extend beyond the products explicitly named in the action.

Risks

  • The expedited hearing will determine whether rescheduling extends beyond FDA-approved and state-licensed marijuana - outcomes remain uncertain and will affect market and tax implications.
  • Banks and institutional investors have largely been on the sidelines due to federal restrictions; while the decision could ease this, the scope and timing of improved access to funding are not guaranteed.
  • Tax relief under rescheduling applies to products shifted to Schedule III; businesses still tied to Schedule I or II classifications would remain subject to Section 280E and its financial burdens.

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