New Attorney General Could Stall Cannabis Rescheduling
A potential AG swap from Bondi to Zeldin adds uncertainty to cannabis rescheduling, with major tax implications for operators under IRC 280E.
Federal cannabis rescheduling has always moved slowly, but the reported possibility of another attorney general turnover is injecting fresh uncertainty into a process that operators from Humboldt to the Hudson Valley have been watching for years.
President Trump is reportedly considering replacing outgoing Attorney General Pam Bondi with Lee Zeldin. That personnel decision matters to cannabis businesses because the Department of Justice plays a direct role in the Drug Enforcement Administration’s rescheduling proceedings. Zeldin’s record as a former lawmaker on cannabis policy was mixed, according to Marijuana Moment, which means the industry cannot reliably predict where he would push the DEA’s deliberations if confirmed. For Humboldt cultivators who have been counting on Schedule III reclassification to ease federal tax burdens under IRC 280E, that ambiguity is a real cost. Every month the rescheduling proceeding sits in limbo is another quarter those businesses pay federal income tax on gross revenue rather than net profit.
The 280E exposure is not abstract. A licensed outdoor cultivator in Southern Humboldt running $800,000 in annual gross revenue can owe federal tax on the full amount because 280E bars deductions for businesses trafficking in Schedule I or II controlled substances. Rescheduling to Schedule III would change that calculus immediately. An attorney general who deprioritizes or complicates the rescheduling process effectively extends that tax penalty, and the financial math compounds fast.
The regulatory signals coming from Washington this week are pointing in multiple directions. The Food and Drug Administration issued a guidance memo indicating the agency does not intend to enforce certain federal laws against hemp-derived CBD products that fall under a new Medicare initiative, provided those products meet specific requirements. That move benefits the hemp sector more directly than the licensed cannabis market, but it signals that federal agencies are willing to issue targeted enforcement discretion guidance when political will exists. The question is whether that same flexibility reaches adult-use and medical cannabis rescheduling under the current administration.
Further complicating the picture: federal movement happens against a backdrop of active state-level activity that is reshaping regional markets regardless of what Washington does.
Virginia’s Cannabis Control Authority opened applications this week for roughly a dozen regulatory and compliance positions tied to its recreational marijuana program. Governor Abigail Spanberger is expected to act on the legalization bill this month, which means Virginia could have licensed adult-use sales operational before the end of 2026. Virginia entering the legal market adds another major East Coast competitor for shelf space and consumer dollars. It will not displace Humboldt’s premium positioning directly, but it does expand the total supply of legal cannabis reaching consumers who previously had fewer legal options, which affects wholesale prices nationally.
Texas conditionally approved three new medical cannabis business licenses under last year’s patient access expansion legislation. The Texas medical market is still tightly restricted by patient eligibility rules, but incremental expansion in the country’s second-largest state adds licensing precedent and demonstrates that even politically conservative states are moving toward broader access. That trend strengthens the long-term case for federal rescheduling by increasing the number of state-licensed programs the federal government would need to explicitly contradict.
On the East Coast, a coalition of Massachusetts cannabis businesses filed a lawsuit this week to keep a ballot measure off the November ballot. The measure would roll back recreational cannabis legalization, and the businesses argue it violates the state Constitution. Massachusetts generated roughly $7 billion in cumulative cannabis sales since its market opened. Any rollback would shrink a major legal market and send ripple effects through multi-state operators who have built their distribution and retail infrastructure around that market.
Washington, D.C. Mayor Muriel Bowser proposed legislation allowing medical marijuana companies to partner with local breweries and distilleries to produce cannabis-infused beverages. The proposal is notable less for its immediate market size than for what it signals about product format diversification. Cannabis beverages have underperformed projections in most markets because of onset time and pricing, but co-production arrangements with established beverage manufacturers could lower production costs and improve distribution reach. California has seen some early traction in this category, and any model that scales it in a high-visibility market like D.C. provides data that California operators and regulators would study.
Maryland’s House of Delegates passed a bill permitting firefighters and emergency rescue workers to use medical cannabis off duty. The bill’s sponsor argued that first responders should not face professional penalties for using legally prescribed medicine. The vote reflects a broader pattern of states clarifying employment protections for medical patients, a legal gap that has deterred some eligible patients from enrolling in state programs.
The cumulative picture this week is one of continued fragmentation: federal rescheduling uncertain, state markets expanding at their own pace, and individual product and licensing questions being resolved market by market. For Humboldt producers whose competitive advantage rests on appellation, craft quality, and transparent supply chains, the federal question matters most for tax relief rather than market access. They are already selling into a legal state market. But until the federal tax structure changes, the financial ceiling on small-farm profitability stays artificially low, regardless of how strong the harvest is.