Cannabis Legalization News Podcast

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The Schedule III Loophole Nobody Saw Coming Oct 29, 2026

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Same jar. Same batch. Same licensed supply chain. What puts marijuana covered by a qualifying medical license back in Schedule I—the cash register? Show me the legal change.

Request a Howard East consultation:

https://www.cannabisindustrylawyer.com/280e-license-supply-chain-review/

The federal rule puts marijuana “subject to a state medical marijuana license” in Schedule III. My position: if that qualifying coverage continues through the supply chain, selling it to an adult does not, by itself, put it back in Schedule I. That coverage is disputed. We have to follow the actual licenses and the actual batch.

In this episode, I read the rule, test the GHB comparison, examine DEA’s crop purchase and sale-back requirement for registered medical manufacturers, and confront Medpharm and Hello Farms. Then we read §280E’s actual Schedule I/II language and work through what the classification question means for a cannabis business.

At Howard East, we read the law, examine your licenses and follow your supply chain with your tax professionals. Request a consultation to discuss whether a scoped legal review or formal opinion makes sense for your operation.

We read the laws around here—subscribe for more analysis on them.

PRIMARY SOURCES

April 2026 final rule—tax discussion, pp. 6–7; operative license definition and rules, pp. 8–9:

https://www.govinfo.gov/content/pkg/FR-2026-04-28/pdf/2026-08176.pdf

Schedule III—21 CFR 1308.13(g)(2); GHB approved products, (c)(6):

https://www.ecfr.gov/current/title-21/chapter-II/part-1308/section-1308.13

Schedule I—21 CFR 1308.11(d), including its opening exception:

https://www.ecfr.gov/current/title-21/chapter-II/part-1308/section-1308.11

State medical marijuana license—21 CFR 1300.01:

https://www.ecfr.gov/current/title-21/chapter-II/part-1300/section-1300.01

Registration limits and crop purchase/sale-back—21 CFR 1301.13(k)(1)(iv), (6)(i):

https://www.ecfr.gov/current/title-21/chapter-II/part-1301/section-1301.13

Tax statute—26 USC 280E:

https://uscode.house.gov/us/usc/119-120/t26/s280E/

Congress’s GHB legislation—Public Law 106-172, §3:

https://www.govinfo.gov/content/pkg/PLAW-106publ172/pdf/PLAW-106publ172.pdf

DEA’s GHB fact sheet—scheduling, p. 2:

https://www.dea.gov/sites/default/files/2025-08/GHB-Drug-Fact-Sheet_0.pdf

Missouri facility and inventory rules—19 CSR 100-1:

https://www.sos.mo.gov/CMSImages/AdRules/csr/current/19csr/19c100-1.pdf

Illinois Cannabis Regulation and Tax Act—410 ILCS 705, including §55-85:

https://my.ilga.gov/legislation/ILCS/details?ActID=3992&ActName=Cannabis+Regulation+and+Tax+Act.&ChapAct=410&Chapter=PUBLIC+HEALTH&ChapterID=35&MajorTopic=HEALTH+AND+SAFETY

Medpharm Research—DEA decision and order, October 7, 2026:

https://www.govinfo.gov/content/pkg/FR-2026-10-07/pdf/2026-20553.pdf

Hello Farms—Sixth Circuit opinion, September 10, 2026:

https://www.opn.ca6.uscourts.gov/opinions.pdf/26a0260p-06.pdf

Treasury/IRS announcement on rescheduling and §280E:

https://home.treasury.gov/news/press-releases/sb0471

Attorney Advertising—Howard East. General information, not legal or tax advice for your return. No outcome is guaranteed. An inquiry does not create an attorney-client relationship. Keep confidential records and patient information out of public comments and the initial inquiry.

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DEA Judge Rules on Rescheduling: The GAO Report and What’s Next Oct 25, 2026

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Recorded October 25, 2026. Thomas Howard and Miggy discuss the DEA judge's October 22 order admitting the GAO report and refusing to reopen the marijuana rescheduling hearing. Optional briefs are due October 29 and replies November 5. Those are briefing deadlines, not a promised ruling date; this order is not a final rescheduling decision.

Jump to 07:32 for the DEA order discussion. The opening covers CLN, advocacy and hemp; the chapters follow the actual conversation.

Also discussed: the Louise Lucas indictment (allegations, not a conviction), Massachusetts Question 8, cannabis health headlines and testing, state hemp deadlines, dispensary-neighbor research, Glass House, the Curaleaf-Aurora bid, Idaho and Houston ballot measures, and medical versus adult-use markets.

Watch the original recording: https://www.youtube.com/watch?v=gNGnLb2V4yg

Public show notes and sources: https://docs.google.com/document/d/1ezfcy3khUPjOW2FKGEKL8lKZw2yifqNrouM2VhaqNqw/edit

Thomas Howard holds Illinois cannabis retail interests. Brought to you by Collateral Base.

News, analysis, commentary and education; not legal, medical or investment advice.

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Running 10 Dispensaries Is Harder Than You Think Oct 21, 2026

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Running a dispensary is more than selling cannabis. Tom Howard talks with Omar Delgado, Ivy Hall's vice president of retail, about the work behind a 10-store Illinois operation: buying power, customer loyalty, staff experience, local relationships and competing as prices change.

They compare loyalty programs, talk about what brings customers back, and explain why permission to stay open longer doesn't mean those hours make business sense. They also cover medical access, operating rules and the tax questions that are still unanswered.

Recorded October 20, 2026. The legal and tax discussion reflects the law as of that date. Tom's Schedule III / 280E supply-chain point is his analysis, not a settled tax result.

Guest: Omar Delgado, VP of Retail, Ivy Hall
CLN: https://cannabislegalizationnews.com/

CHAPTERS
00:00 Running a dispensary is a business
00:29 Meet Omar Delgado
01:33 How Ivy Hall reached ten stores
03:15 How the loyalty program works
04:08 The work behind an off-site event
07:26 Employee and customer experience
08:55 Community outreach and ROI
12:51 Growth within a ten-store cap
13:50 Dual licenses and local approval
17:15 Tom's unanswered Schedule III tax question
18:53 Medical patients and access
20:32 Medical-patient priority
21:30 Illinois' November 12 hemp change
23:15 Drive-through and curbside plans
24:27 Deciding operating hours
27:09 Retail with a culture
28:23 Events, mail and digital marketing
30:26 Brand and customer education
31:33 The capital behind ten stores
32:15 Employee benefits and appreciation
34:20 Tom's view on limited markets
35:43 Taxes, prices and value
37:11 Developing the next leaders
38:56 Helping other operators

Disclosure: Tom Howard has an ownership interest in Miggy's Shop, LLC, which operates Pekin's Local Dispensary & Supply. This is an operator conversation and general educational commentary, not legal or tax advice.

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DEA Pushes Back on Marijuana Rescheduling Delays Oct 18, 2026

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DEA is pushing back on additional GAO briefing while opponents seek to reopen the marijuana rescheduling hearing. The judge ordered a response to that separate reopening motion by October 21. The matter remains stayed; no reopening has been granted. Jump to 10:39 for the DEA discussion; this full replay opens with Illinois hemp enforcement.
Recorded live October 18, 2026. This replay also covers Massachusetts Question 8, South Dakota's medical program, Illinois cannabinoid labels, the Hello Farms contract verdict, cannabis deal economics, the Supreme Court's gun-case denial and vape recalls. The conversation includes retail economics, industrial hemp, a remembrance of cannabis advocates, and the beer-versus-weed explainer.
Watch the original CLN broadcast: https://www.youtube.com/watch?v=e2Od0vmxM3I
Watch the beer explainer: https://www.youtube.com/watch?v=2eS7afDQaik
CHAPTERS
00:00:00 - Welcome to CLN
00:01:18 - Illinois hemp enforcement: Nov. 12
00:07:54 - License limits and small operators
00:10:39 - The request to reopen the DEA hearing
00:15:06 - Massachusetts Question 8
00:17:57 - South Dakota and state medical programs
00:18:46 - Licensing and retail economics
00:23:48 - StreamYard, AI and editing the beer video
00:25:53 - Illinois cannabinoid labeling deadline
00:29:38 - Hello Farms and the $31.8 million verdict
00:32:20 - Cannabis deals and shareholder economics
00:37:36 - The Supreme Court and the gun-rights case
00:39:27 - Vape recalls and product oversight
00:43:31 - Remembering cannabis advocates
00:45:25 - Industrial hemp and domestic supply chains
00:51:21 - Federal reform and the unified supply chain
00:55:45 - Why weed is not treated like beer
00:58:34 - Wrap-up and guest invitation
00:59:15 - Collateral Base sponsor message
PRIMARY SOURCES
IDOR Bulletin FY 2027-04 (Illinois hemp): https://tax.illinois.gov/research/publications/bulletins/fy-2027-04.html
CRS on federal hemp dates: https://www.everycrsreport.com/files/2026-09-28_IF13136_aa36fad7d69289127cbbbafef54e2aede431b2c4.html
DEA ALJ order, Oct. 14, 2026: https://www.dea.gov/sites/default/files/2026-10/Proposed%20Marijuana%20Rescheduling_Order%20for%20Response%20to%20Motion%20to%20Reopen%20Hearing.pdf
Massachusetts Question 8 (official): https://www.sec.state.ma.us/divisions/elections/research-and-statistics/2026-Information-for-voters/2026-ballot-question8.htm
South Dakota AG Opinion 26-06: https://atg.sd.gov/OurOffice/OfficialOpinions/opinionhtml.aspx?id=1779
IDOA CRTA rule update bulletin: https://cannabis.illinois.gov/content/dam/soi/en/web/cannabis/documents/idoa/informational-bulletin-crta-rule-update-summary.pdf
Sixth Circuit, Hello Farms v. GR Vending (No. 25-1759): https://www.opn.ca6.uscourts.gov/opinions.pdf/26a0260p-06.pdf
Aurora SEC filing (14D-9F/A): https://www.sec.gov/Archives/edgar/data/0001683541/000110465926116021/tm2627570d1_sc14d9fa.htm
Curaleaf revised offer: https://ir.curaleaf.com/2026-10-05-Curaleaf-Enhances-Offer-to-Acquire-Aurora-Cannabis
Supreme Court docket, Johnson v. United States (No. 26-270): https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/26-270.html
Colorado MED advisories: https://med.colorado.gov/health-and-safety-advisory
Oct. 9 remarks transcript (Factba.se): https://rollcall.com/factbase/trump/transcript/donald-trump-speech-columbus-day-celebration-october-9-2026
CONTEXT AT RECORDING
Illinois' Nov. 12 date is state guidance on state law, not yet in effect. Nothing in the DEA hearing has been reopened; it's a pending motion. Question 8 hasn't been decided. The Hello Farms rehearing request is as reported. Aurora hasn't accepted any offer. A cert denial isn't a merits ruling. The latest Colorado pesticide batch and 226 stores are primary-verified; broader totals are omitted.
Sponsor CLN: https://www.cannabislegalizationnews.com/sponsor/
Collateral Base sponsors Cannabis Legalization News. Thomas Howard is a cannabis lawyer with Illinois cannabis retail interests. This show is general education, not legal, tax or investment advice.

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Why the Government Won't Treat Weed Like Beer Oct 18, 2026

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Understanding marijuana rescheduling starts with knowing why alcohol and tobacco were excluded from the Controlled Substances Act.
Cannabis lawyer Tom Howard breaks down the statutory history of how marijuana was placed in Schedule I while alcohol and tobacco remained exempt. This distinction creates massive hurdles for businesses today, specifically regarding tax treatment. Moving to Schedule III does not automatically create an alcohol-style exemption because the plant remains subject to the Controlled Substances Act.
We analyze how Section 280E creates tax penalties for cannabis businesses that do not apply to breweries. True reform requires understanding why federal cannabis law functions this way and how current marijuana rescheduling efforts might actually change the playing field for operators.
Subscribe for weekly cannabis industry legal breakdowns, and comment below on what reform topics you want covered next.
Watch the original CLN video: https://www.youtube.com/watch?v=2eS7afDQaik
Watch the video on Spotify: https://open.spotify.com/episode/3M5dkSYAVXYJK6HnehRN3J
Brought to you by Collateral Base. General education, not legal, tax or investment advice.
CHAPTERS
00:00 Beer vs Weed Taxes
00:52 Why Alcohol Excluded
01:21 Prohibition Lessons
02:35 Tobacco Separate System
03:53 280E and Schedule Math
04:17 Schedule Three Rule Limits
05:18 Sponsor Message
05:31 Paths to Descheduling
06:17 After Descheduling Questions
06:49 Build a Cannabis Framework
07:22 Reform Checklist
07:52 Closing Takeaway

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Marijuana Rescheduling's Court Fight Could Stretch Into 2027 Oct 11, 2026

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Recorded October 11, 2026. Thomas Howard and Miggy present the Cannabis Legalization News weekly roundup.
Watch the original CLN video replay: https://www.youtube.com/watch?v=2mHjZk34FPo
Brought to you by Collateral Base.
CLN is news, analysis and education—not legal advice. Discussion reflects the information available at the time of recording.
Chapters
00:00:00 - Welcome and dispensary operations
00:06:05 - Rescheduling court fight
00:09:05 - How the briefing calendar works
00:12:04 - Hemp THC and legalization debate
00:18:27 - DEA registration and supply chains
00:24:48 - Trump's cannabis comments
00:25:44 - Washington medical-cannabis verification
00:29:04 - Illinois homegrow and possession limits
00:34:54 - Massachusetts and Idaho ballots
00:42:46 - AI and running a law firm
00:46:39 - Illinois oversight and age checks
00:48:28 - Medicare CBD court challenge
00:52:40 - Missouri cannabis ownership dispute
00:55:39 - Cannabis takeovers and valuations
00:59:02 - Cannabis enforcement and promotions
01:02:13 - Taxes, banking and business costs
01:04:38 - Closing updates
01:06:58 - Collateral Base sponsor message

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DEA Judge Stays Rescheduling Case: Is This a Dead End? Oct 04, 2026

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Thomas Howard examines the DEA marijuana rescheduling stay, the GAO report, and what the delay means for cannabis operators. October 13 is a response deadline—not a promised decision date.
Recorded analysis reflects the record as of October 3, 2026.
Video: https://www.youtube.com/watch?v=QtbMDdoG-h8
Signed DEA stay order: https://www.dea.gov/sites/default/files/2026-09/Proposed%20Marijuana%20Rescheduling_Stay%20and%20Briefing%20Order.pdf
GAO report: https://www.gao.gov/products/gao-26-108623
This episode is sponsored by Howard East—counsel for regulated operators, from dispensaries to data centers.
Public education, not individualized legal, tax, medical or investment advice. Thomas holds Illinois cannabis retail interests.
Chapters
00:00:00 - Delay Hits Operators
00:01:09 - GAO Report Triggers Pause
00:02:02 - What The Stay Order Does
00:02:36 - Judge Authority After Hearing
00:03:41 - Inside The GAO Findings
00:04:58 - Opponents Seek Do Over
00:05:32 - Law Limits GAO Role
00:07:57 - Best Case For The Pause
00:09:14 - Real World Cost Of Waiting
00:10:18 - Sponsor And April Rule
00:11:12 - What Happens Next
00:11:53 - Closing Thoughts And Call

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The DEA Rescheduling Stay: Everything You Need to Know Oct 04, 2026

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In this October 4, 2026 replay, Thomas Howard and Miggy discuss the DEA's marijuana rescheduling stay and what happens next. October 13 is a response deadline, not a promised decision date.
Watch the original YouTube replay: https://www.youtube.com/watch?v=-3PDI24KPgY
Primary lead source: https://www.dea.gov/sites/default/files/2026-09/Proposed%20Marijuana%20Rescheduling_Stay%20and%20Briefing%20Order.pdf
Sponsor CLN: https://www.cannabislegalizationnews.com/sponsor/
Collateral Base sponsors CLN. Public education, not individualized legal, tax, medical or investment advice. Thomas holds Illinois cannabis retail interests.
Chapters
00:00:00 - Welcome and weekly headlines
00:01:28 - DEA rescheduling stay and next steps
00:05:15 - Due process and the GAO report
00:08:14 - Hemp THC and enforcement debate
00:11:12 - Homegrow and regulatory limits
00:13:44 - Sponsor break and strain talk
00:19:13 - Illinois drive-thru and curbside rules
00:21:38 - Cannabis business, banking and 280E
00:26:05 - Federal hemp restrictions
00:27:37 - Short break
00:28:17 - Cannabis creators and retail operations
00:37:06 - Cannabis possession limits
00:38:53 - California testing and retail bills
00:42:14 - Alcohol, nicotine and drug schedules
00:50:04 - Michigan licensing and diversion
00:54:18 - Connecticut cannabis excise tax
01:00:00 - Georgia medical cannabis delivery proposal
01:03:22 - New York licensing and business risks
01:08:13 - SEC allegations involving Mississippi Green Oil
01:13:57 - Closing updates and sponsor message

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Marijuana Rescheduling: Is an October Surprise Still Possible? Sep 28, 2026

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Could marijuana rescheduling still produce an October surprise? Thomas Howard traces the federal timeline, the DEA process and the separate court challenge, then explains what he is watching next.

October remains a possibility, not a promised outcome. This episode explores the timeline without promising a decision date.

Watch the video: https://youtu.be/DXlSz99DIu0

Follow Cannabis Legalization News for more cannabis policy news and analysis.

This discussion was first available to YouTube channel members in September 2026. Later developments may change the picture. News and commentary; not legal advice.

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Montana's New Weed Rule: Who Can Actually Run the Store? Sep 27, 2026

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Montana is spelling out who must document residency to run a licensed cannabis business—even when that person is not an owner. Its new rule cites the Ninth Circuit, while the wider cannabis-licensing dispute continues.
Recorded September 27, 2026. Thomas Howard and Miggy host Cannabis Legalization News.
This episode covers Montana's operational-control rule; GAO's scheduling-policy findings; DOJ's firearm-rights restoration process; Ohio VIP Smoke Shop guilty pleas; a military marijuana-testing appeal; the Third Circuit's Welch decision; hemp and full-spectrum CBD; Pekin's dispensary and a local PBS feature; Colorado vape recalls; Massachusetts' repeal poll; and the federal-policy outlook. Plus Name That Strain: GG4.
Watch the episode: https://www.youtube.com/watch?v=93ZmBXsM5dE
Primary reading: Montana adopted rule: https://revenue.mt.gov/news/rules-hearing/MAR-Notice-2026-155-2 | GAO report: https://www.gao.gov/products/gao-26-108623 | DOJ program: https://www.justice.gov/ffrr
A proposal is not enacted law, a plea is not sentencing, a poll is not an election result, and rescheduling is not blanket federal legalization. Some secondary-reported details remain qualified in the show notes.
Thomas practices cannabis law and holds Illinois cannabis retail interests. This show provides general education, not legal or tax advice.
Sponsored by Collateral Base. Sponsorship: https://www.cannabislegalizationnews.com/sponsor/

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