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Executive Order Signed: Cannabis Moving from Schedule I to Schedule III – What It Means for Your Business

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  • BREAKING: The cannabis industry just got its biggest regulatory shake-up in decades. President Trump's December 18th executive order has officially set the wheels in motion for cannabis to move from Schedule I to Schedule III: and if you're not already preparing your business for what's coming next, you're already behind.

    Here's what we're covering today:
    The real impact of rescheduling (spoiler: it's not immediate, but it's massive)
    280E tax relief breakdown and what it means for your bottom line
    Financial services access that could change everything
    2026 compliance requirements you need to start planning for NOW
    Action steps every cannabis business should take immediately

    Let me be direct with you: This isn't just another regulatory update you can file away and forget about. This executive order is the starting gun for the most significant transformation our industry has seen since legalization began. And the businesses that prepare now will have a massive competitive advantage over those who wait.

    What the Executive Order Actually Does (And Doesn't Do)

    Let's cut through the hype and get to the facts. Trump's executive order doesn't magically reschedule cannabis overnight: what it does is direct the Department of Justice to expedite the completion of the rulemaking process that's already underway.

    Think of it this way: if the rescheduling process was a highway construction project that's been dragging on for years, this executive order just brought in extra crews and told them to work around the clock to finish the job.

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    Here's the timeline you need to understand:

    • October 2022: Biden initiated the review process
    • August 2023: HHS recommended Schedule III classification
    • May 2024: DEA proposed the formal rule
    • December 2025: Trump's executive order demands completion
    • 2026: When we expect final implementation

    The bottom line? While we're not there yet, the political will is now aligned, and the regulatory machinery is moving faster than ever before.

    The 280E Revolution: Your Tax Burden Is About to Get Lighter

    Here's where things get really interesting for your cannabis accounting strategy. Section 280E has been the silent killer of cannabis business profitability since day one: preventing you from deducting ordinary business expenses that every other industry takes for granted.

    Under Schedule I, you can only deduct cost of goods sold. That's it. No marketing expenses, no rent, no salaries for non-production staff, no professional services. Nothing.

    Under Schedule III, those restrictions disappear. Completely.

    Let me put this in perspective with a real example. Say you're running a dispensary with $2 million in annual revenue. Under the current 280E restrictions, you might be paying taxes on $800,000 of "profit" even though your actual cash flow profit is only $200,000.

    Post-rescheduling? You'll be paying taxes on that actual $200,000 profit.

    That's not just tax relief: that's a complete transformation of your business economics.

    For cannabis CFO services professionals like us, this means we're about to help our clients restructure their entire financial operations. The accounting methods that made sense under 280E won't just be unnecessary: they could actually hurt you if you don't adapt.

    Financial Services: The Banking Drought Is Ending

    Here's something most people aren't talking about yet: easier access to financial services isn't just about getting a checking account anymore. Schedule III classification opens doors that have been welded shut for cannabis businesses.

    We're talking about:

    • Traditional business loans at competitive rates
    • Credit lines for inventory and expansion
    • Payment processing without the cannabis "penalty fees"
    • Investment opportunities previously off-limits
    • Insurance products designed for legitimate businesses, not gray-market operators

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    I've been working with cannabis businesses for years, and I can tell you that the financial services restrictions have been more than an inconvenience: they've been a strategic constraint that's forced suboptimal business decisions across the board.

    But here's the catch: Not every bank is going to jump in immediately. The smart money is on building relationships with forward-thinking financial institutions NOW, before the rush hits.

    2026 Compliance: New Rules, New Requirements, New Opportunities

    While everyone's celebrating the benefits of rescheduling, cannabis compliance consulting professionals are already looking ahead to the inevitable regulatory adjustments coming in 2026.

    Here's what we expect:

    • Federal quality standards that go beyond current state requirements
    • Interstate commerce regulations as barriers between states start falling
    • Revised safety protocols aligned with other Schedule III substances
    • New reporting requirements for federal oversight
    • Updated licensing frameworks that bridge federal and state systems

    The businesses that start preparing for these changes now: rather than scrambling to catch up later: will have a massive competitive advantage.

    Think of it this way: Every major regulatory shift creates winners and losers. The winners are usually the ones who saw it coming and prepared accordingly.

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    What Every Cannabis Business Should Do Right Now

    Stop waiting. Start preparing. Here's your immediate action plan:

    1. Audit Your Current Accounting Structure
    Review every aspect of your cannabis accounting practices. What works under 280E might be completely wrong for a Schedule III world. You need to identify areas for restructuring before the change takes effect.

    2. Document Everything
    Start maintaining detailed records of all business expenses, not just COGS. When 280E relief kicks in, you'll want historical data to support your deductions.

    3. Review Your Tax Strategy
    Work with cannabis tax advisory professionals to model different scenarios. What will your tax liability look like post-rescheduling? How should you time major expenses or investments?

    4. Strengthen Financial Relationships
    Begin conversations with banks and financial institutions about future services. Don't wait until everyone else is lining up for the same opportunities.

    5. Plan for Compliance Changes
    Start reviewing your standard operating procedures against what federal oversight might require. Better to over-prepare than scramble later.

    The Strategic Advantage: Why Acting Now Matters

    Let me share something I've learned from working with hundreds of cannabis businesses: The biggest opportunities always go to the companies that move first.

    When adult-use markets opened in various states, the operators who had their applications ready, their funding secured, and their teams in place before legalization hit were the ones who captured market share. The same principle applies here.

    Rescheduling isn't just a regulatory change: it's a competitive reset. Your current advantages might evaporate, but new ones are about to emerge. The question is whether you'll be positioned to capitalize on them.

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    How Buds Group Can Help You Navigate This Transition

    This is exactly why Buds Group exists. We've been helping cannabis businesses navigate complex regulatory and financial challenges since the beginning, and we're already deep in preparation mode for the post-rescheduling world.

    Our approach is comprehensive:

    • Financial restructuring to optimize for the new tax environment
    • Compliance planning for anticipated federal requirements
    • Strategic positioning to take advantage of new opportunities
    • Risk management to protect against transition challenges

    We're not just cannabis consultants: we're strategic partners who understand that your success in the next phase of this industry depends on the decisions you make today.

    The executive order has been signed. The countdown has begun. The only question left is whether you'll be ready when the starting gun goes off.

    Ready to position your cannabis business for the post-280E world? Visit budsgrp.com to learn how our cannabis CFO services and strategic consulting can help you navigate this historic transition. Because in an industry this dynamic, standing still is moving backwards.