The Final Order placed marijuana subject to a state medical license in Schedule III and built its registration pathway on state licensing systems. It left state law in place. Each state regulator has therefore had to decide what, if anything, the federal change means for its own licensees. This update summarizes the formal actions and public positions we have identified as of September 26, 2026. We will revise it as agencies act.
States that changed requirements
California. The Department of Cannabis Control adopted emergency regulation DCC-2026-03-E, effective June 4, 2026, allowing retailers with a combined adult use and medicinal license to hold separate licenses, with the medicinal license held by a related entity that can pursue DEA registration. The rule expires December 2, 2026. Our separate update covers it in detail.
Oklahoma. The Bureau of Narcotics and Dangerous Drugs Control informed registrants on May 8, 2026 that medical marijuana manufacturers and distributors must obtain DEA registration, with administrative enforcement beginning January 1, 2027. The Oklahoma Medical Marijuana Authority has kept its own rules unchanged. Our separate update covers both positions.
Georgia. The Georgia Access to Medical Cannabis Commission proposed rules in August 2026 that would allow licensed dispensaries to deliver medical cannabis to registered patients through the U.S. Postal Service or approved private carriers, citing the Final Order as the basis. Deliveries would go only to the address on the patient's registry card, with tracking and a restricted signature. The Commission held a public hearing on September 16 and scheduled a vote on adoption for September 30, 2026.
States that interpreted eligibility
Washington. In a bulletin dated June 16, 2026, the Liquor and Cannabis Board concluded that federal rescheduling in its current form does not appear to apply to Washington licensees, because the state licenses a single recreational market and does not license medical producers, processors, or retailers. The Board stated that this may not be its final interpretation, that the determination rests with the federal government, and that it will not prevent licensees from applying for DEA registration.
Colorado. The Marijuana Enforcement Division issued Industry Bulletin 26-05, Attorney General Rescheduling Order, on May 4, 2026. Published summaries describe the bulletin as applying the order to Medical Marijuana Business licensees and not to retail marijuana or personal cultivation under Amendment 64.
States that confirmed state law is unchanged
Maryland. The Maryland Cannabis Administration has stated in notices dated April 23, May 4, and June 26, 2026 that Maryland law remains fully operative and unchanged. Its May 4 update states that the order removes the 280E burden for state medical licensees regardless of whether they pursue DEA registration. Its June 26 notice reported unannounced DEA inspections at cannabis businesses in other states tied to registration applications, and it stated that businesses choosing not to register with DEA will not face any action by the MCA. Questions may be sent to rescheduling.mca@maryland.gov.
New Mexico. The Cannabis Control Division's Industry Bulletin 26-07, dated June 16, 2026, states that New Mexico's cannabis laws and regulations remain in full effect and unchanged, that federal action does not modify state licensing, testing, labeling, or transportation requirements, and that the state has made no determination on activating the interstate and international commerce provisions of its Cannabis Regulation Act. It leaves the decision to pursue DEA registration to each licensee.
Missouri. The Division of Cannabis Regulation emailed licensees on May 6, 2026 that DEA registration is not a requirement to remain in compliance with the Division, and that it will be up to DEA to decide whether a license serving both medical and adult use customers is eligible. Industry representatives have reported that roughly two thirds of Missouri operators did not pursue registration.
States awaiting federal guidance
Ohio. At a June 16, 2026 meeting, Division of Cannabis Control counsel stated that the Division had received no clear guidance from the federal government, and that Ohio's dual licensed operators are treated as both medical and nonmedical licensees until the point of sale.
New York. The Cannabis Control Board discussed the order at its May 7, 2026 meeting, including 280E relief, research, and DEA registration. The unresolved question it identified was how strictly DEA will require dual licensed operators to separate medical and adult use operations.
Michigan. The Cannabis Regulatory Agency issued a press release on April 23, 2026 stating that it was reviewing the order. We have not identified subsequent formal guidance.
We did not locate formal rescheduling guidance from the medical programs in Pennsylvania, Florida, Massachusetts, Minnesota, Utah, Louisiana, or Mississippi as of this update. Operators in those states remain subject to their existing state rules.
States challenging the order
Nebraska and Indiana are petitioners in one of three consolidated challenges to the Final Order in the U.S. Court of Appeals for the D.C. Circuit, No. 26-1130. Louisiana joined the petition and later moved to withdraw. On September 9, 2026, the court denied a motion to stay the order, which remains in effect while the merits are decided.
What this means for operators
The state regulator's position is now part of every registration decision. In a medical only state, the question is primarily federal. In a state with combined licensing, the operator must also determine whether its license qualifies as a state medical license, and whether the state offers a structure, as California does, that separates medical activity cleanly enough to support a registration. In Oklahoma, the state has made registration a condition of its own authorization for manufacturers and distributors.