Calyx CPA to Host Webinar on Schedule III 280E Tax Changes & Overpayment Recovery

Calyx CPA will host a free webinar on Monday, Nov. 9, at 10 a.m. PST / 1 p.m. EST, examining federal tax obligations for cannabis businesses now that the industry is divided between Schedule I and Schedule III.

Medical marijuana has been moved to Schedule III, while adult-use cannabis remains in Schedule I as the broader rescheduling proceeding continues. For companies operating in both markets, tax treatment has become more complicated.

During the session, Justin Botillier will provide a current update on federal rescheduling and explain how Internal Revenue Code §280E now applies differently to medical-only, adult-use-only and mixed-use cannabis businesses. §280E guidance now appears on the IRS 2026–2027 Priority Guidance Plan, though the plan sets no deadline for its release.

The webinar will also examine the continuing fight over prior-year §280E taxes, including:

  • New Mexico Top Organics v. Commissioner
  • The argument that §280E applies to substances “within the meaning of” Schedule I or II, rather than only those formally listed there
  • The effect of the federal government’s own medical and scientific findings on cannabis

Botillier will also address amended returns, refund claims, protective claims, statutes of limitation and developing litigation that could determine whether cannabis businesses can recover taxes previously paid on phantom income.

Event details

  • What: Challenging 280E: Cannabis Rescheduling and the Fight Ahead
  • When: Monday, Nov. 9, 2026, 10 a.m. PST / 1 p.m. EST
  • Where: Zoom
  • Register: Click here to register

About Calyx CPA

Calyx CPA serves operators across 30+ states, from single-location dispensaries to vertically integrated multi-state operations, as well as the emerging psilocybin service centers in Oregon. Calyx CPA is led by CEO Justin Botillier. Learn more at calyxcpa.com.

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