- videocam Live Webinar with Live Q&A
- calendar_month July 17, 2026 @ 1:00 PM ET/10:00 AM PT
- signal_cellular_alt Intermediate
- card_travel Tax Preparation - Pass Through
- schedule 110 minutes
Tax Impact of Cannabis as Schedule III: Section 280E Relief, Transition Rules, Effective Date
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About the Course
Introduction
This webinar will provide a technical analysis of the federal tax consequences of the federal government's recent reclassification of cannabis to a Schedule III controlled substance. Our panel of cannabis tax practitioners and compliance advisers will walk through how this change interacts with IRC §280E, transition timing, expense apportionment for multi-activity businesses, and what steps businesses and tax advisers should consider taking now to take advantage of this reclassification.
Description
In April 2026, the Department of Justice reclassified certain FDA-approved products and other cannabis substances as Schedule III controlled substances. Prior to this change, cannabis businesses were treated as trafficking in a Schedule I controlled substance for federal tax purposes, resulting in the disallowance of ordinary and necessary business deductions under IRC §280E. In many cases, this has resulted in businesses being taxed on gross, rather than net, income. Following rescheduling to Schedule III for covered activities, qualifying medical cannabis operations may no longer be subject to §280E for those activities, raising critical transition questions for the 2026 tax year.
Listen as our panel of federal tax professionals explains planning opportunities, state responses to §280E relief, and the potential broadening of this relief to include recreational cannabis.
Presented By
Ms. Heimbürger is an experienced lawyer specializing in advising clients in the life sciences sector. She works with national and international companies as well as investors across pharmaceuticals, medical cannabis, medical devices, biotechnology and diagnostics, supporting them throughout the entire product and business development lifecycle. Ms. Heimbürger also has significant experience advising on and leading cross-border M&A transactions, joint ventures and strategic partnerships in the life sciences sector. In addition, she advises on compliance matters, pharmaceutical advertising law, collaborations with physicians and pharmacists, and a wide range of regulatory issues relating to medical cannabis, medicinal products and medical devices.
Mr. McCormick specializes in the areas of international taxation and multinational trusts and estates. He has published assorted national articles and given innumerous national and local presentations on assorted areas of international tax. He is licensed to practice in the State of New Jersey and the Commonwealth of Pennsylvania.
Mr. Prudhomme is a commercial and financial services lawyer who advises entrepreneurs across a broad range of industries, from privately held regional companies to leading digital-asset firms operating in regulated markets. His work spans operational matters, contracts, transactions, disputes, and regulatory issues. A former SEC Senior Counsel, Mr. Prudhomme also serves as a specialist adviser to broker-dealers, investment advisers, banks, and trading platforms. He brings more than twenty years of experience across government, capital markets, and consulting.
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BARBRI is a NASBA CPE sponsor and this 110-minute webinar is accredited for 2.0 CPE credits.
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BARBRI is an IRS-approved continuing education provider offering certified courses for Enrolled Agents (EA) and Tax Return Preparers (RTRP).
Date + Time
- event
Friday, July 17, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Legislative and regulatory landscape
II. Reclassification to Schedule III
A. §280E limitations
B. Covered and non-covered products
C. Effective date
III. Treasury/IRS guidance priorities
A. Guidance to be issued
B. Multi-activity businesses
C. Transition rules concept
IV. Comparing U.S. and European/German markets
V. Implementation
A. Allocating expenses
B. Handling mixed operations
C. Returns and claims strategies
VII. Potential expansion of covered categories
The panel will cover these and other critical issues
- The impact of Schedule III reclassification on §280E deductibility
- Transition and allocation considerations for businesses with mixed medical and non‑medical activities
- State conformity and decoupling issues that may limit or delay expected tax relief
- Key planning and documentation steps businesses should implement
- What to keep in mind when entering the European/German market
Learning Objectives
After attending this program, participants will be able to:
- Identify the effective date of the designation change of certain cannabis activities to Schedule III controlled substances
- Determine how the reclassification of certain cannabis activities to Schedule III impacts the application of IRC §280E
- Ascertain transition considerations for the year 2026
- Decide how multi-activity businesses should document apportionment of relative expenses
- Field of Study: Taxes
- Level of Knowledge: Intermediate
- Advance Preparation: None
- Teaching Method: Seminar/Lecture
- Delivery Method: Group-Internet (via computer)
- Attendance Monitoring Method: Attendance is monitored electronically via a participant's PIN and through a series of attendance verification prompts displayed throughout the program
- Prerequisite:
Three years+ business or public firm experience preparing complex tax forms and schedules, supervising other preparers or accountants. Specific knowledge and understanding of pass-through taxation, including taxation of partnerships, S corporations and their respective partners and shareholders.
BARBRI, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of Accountancy have final authority on the acceptance of individual courses for CPE Credits. Complaints regarding registered sponsons may be submitted to NASBA through its website: www.nasbaregistry.org.
BARBRI is an IRS-approved continuing education provider offering certified courses for Enrolled Agents (EA) and Tax Return Preparers (RTRP).
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