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Understanding the Impact of Cannabis Rescheduling and the Non-280E Position

Withum Sounding Board · 2026-03-13 · 16 min

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Topics in this episode

cannabis

Episode notes

In this episode of What the Hemp? , Steven Monacelli is joined by Dan Mayo and Brian Silva to unpack one of the most misunderstood topics in cannabis taxation: can cannabis businesses take a non-280E position? With rescheduling back in the headlines following President Trump’s executive order, many operators are asking whether they can stop applying 280E, or even amend prior returns. Rescheduling may be coming BUT 280E is still the law today. Taking aggressive positions without proper support can expose businesses to significant risk.

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