Weekly Cannabis Licensing Update, September 28, 2026: What Changed in Florida, Pennsylvania, Oregon and at DEA

Quick answer: Florida’s proposed Rule 64-4.214 would lock in a non-refundable $146,000 fee per attempt and 5-day “batching cycle” application windows, with comment open through October 2, 2026. Pennsylvania’s Senate revived SB 49 for a September 28 vote (outcome pending). Oregon moved toward lifting its wholesale moratorium, with roughly 30 licenses estimated. GAO faulted DEA’s undocumented scheduling process; rescheduling remains pending.

Key takeaways:

• A Government Accountability Office report published September 23, 2026 found DEA has never written down formal rules for how it evaluates drug scheduling, including the pending Schedule I to Schedule III marijuana review; FDA has a similar gap and its scheduling consultation agreement with NIH has not been updated in over 40 years.
• Florida’s proposed Rule 64-4.214, published September 11, 2026, would open new MMTC license windows in “batching cycles” lasting just 5 days each, with a non-refundable $146,000 fee due every time an applicant applies and no cap on total licenses; comment closes October 2, 2026.
• Pennsylvania’s SB 49 was defeated 23–27 on June 10, 2026 but revived by a 29–21 motion to reconsider; a new floor vote was scheduled for September 28, 2026, and the bill would create a 7-member Cannabis Control Board, up to 15 transporter permits and up to 3 warehousing/distribution licenses.
• OLCC says active Oregon wholesale licenses have fallen below the HB 4121 (2024) cap of 1 active license per 12,500 residents 21 and older, and a Rules Advisory Committee met September 25, 2026 on a framework that could release roughly 30 new wholesale licenses.

This week’s developments share a theme: big structural moves that do not open a door yet. Florida is writing the permanent rule that will govern its next round of medical marijuana treatment center licensing, but deliberately leaving timing and license counts to later, cycle-by-cycle rulemaking. Pennsylvania is one floor vote away from replacing its medical program’s regulator and creating two new license categories, with eligibility rules unwritten. Oregon is stepping through rulemaking toward the first lift of its wholesale moratorium since 2022.

For operators and applicants, the practical stakes are about readiness, not filing. Two of these three states are signaling short-notice application windows, and one of them charges $146,000 per attempt, non-refundable. The time to assemble materials is before the window is announced, not after.

What did the GAO report actually find about DEA and FDA drug scheduling?

The Government Accountability Office, a federal watchdog agency, published a report on September 23, 2026 reviewing how DEA and FDA handle decisions about which legal “schedule” a drug like marijuana belongs in. Its findings:

• DEA has never written down formal rules for how it evaluates or decides on drug scheduling, including the review process now being used to decide whether to move marijuana from Schedule I (most restricted) to Schedule III (less restricted).
• FDA has a similar gap.
• The agreement between FDA and NIH that governs how the two agencies consult on scheduling decisions has not been updated in over 40 years.

This does not change marijuana’s legal status by itself. DEA still has not issued its ruling on the pending rescheduling review, which has been awaiting a decision since the hearing record closed in August 2026. Confidence here is high: the primary GAO source was directly checked and dated within the window, and corroborated by trade press with a matching date. See the GAO-26-108623 report and Marijuana Moment coverage.

Consultant note: this is a process critique, not a rescheduling decision. Nothing changes for licensees today. It could give Congress or future litigants ammunition to challenge how DEA reaches its eventual decision, so it is worth knowing about, but there is no new deadline or action item for applicants. Keep watching for the actual rescheduling ruling, which is still pending.

What would Florida’s proposed Rule 64-4.214 change for MMTC applicants?

DOH’s proposed Rule 64-4.214, published in the Florida Administrative Register on September 11, 2026, would replace the emergency rule that has governed new medical marijuana treatment center (MMTC) licensing since 2022. Under the proposal:

• OMMU would open new-license application windows in “batching cycles,” each window lasting just 5 days.
• The rule does not set how often a cycle happens or how many licenses are available in any given cycle. Those details are left to separate, future rulemaking issued cycle-by-cycle, entirely at OMMU’s discretion.
• The $146,000 application fee is non-refundable and due every time an applicant applies. An unsuccessful applicant in one cycle has to pay again to try in the next one.
• The rule states no cap on total licenses.
• Public comment is open through October 2, 2026. A hearing will only happen if one is requested by that date, and none had been as of this week.

If nothing changes, adoption could come as soon as November–December 2026, but an actual application window still cannot open until OMMU writes the separate cycle-specific rule. Confidence is high: confirmed directly against the Florida Administrative Rules — Rule 64-4.214 history page and cross-checked with a Vicente LLP analysis quoting the rule text; no new movement found specifically dated this week beyond the open comment period. Watch the OMMU official Notices page for cycle announcements, and see our Florida cannabis policy update for state background.

Consultant note: the batching mechanism is designed to give OMMU total discretion over timing and volume. That is the real story here. Clients should not expect a predictable, recurring application calendar; each cycle’s window and license count will be announced separately, likely with only 5 days to respond. Prospective MMTC applicants should have materials ready to file on short notice, and budget for the possibility of paying the $146,000 fee more than once. Comment on the proposal is open through October 2 for anyone who wants the rule’s discretion narrowed before it is finalized.

What licenses would Pennsylvania’s SB 49 create, and did it pass?

SB 49 was defeated 23–27 on the Senate floor on June 10, 2026, but senators immediately passed a motion to reconsider (29–21), keeping the bill alive. A new floor vote was scheduled for today, September 28, 2026; the outcome was not yet public as of this report — confirm before advising clients either way.

If it passes, SB 49 would:

• Move medical marijuana oversight from the Department of Health to a new 7-member Cannabis Control Board. The Governor appoints 3 members (law enforcement, medicine/addiction, and cannabis industry backgrounds), and the 4 legislative caucus leaders each appoint 1.
• Authorize up to 15 third-party transporter permits for delivering medical marijuana from dispensaries directly to patients and caregivers, 8 a.m.–8 p.m., to private residences only, with up to 15 more permits per year after that.
• Authorize up to 3 warehousing/distribution licenses for mid-chain storage and transport between already-licensed growers/processors and dispensaries.

The bill text does not specify whether transporter/warehousing licenses are open to new entrants or restricted to existing medical operators, and sets no fees or application timeline. Those are left to the new Board’s rulemaking once it is seated, which has no fixed date in the bill as reported. If SB 49 clears the Senate, it heads to the House, which passed a different, state-store-model cannabis bill (HB 1200) in 2025 that Laughlin’s Senate committee rejected — so House movement, if any, is likely to be slow.

Confidence is medium: legislative history was confirmed via LegiScan’s mirror of the official record and multiple news outlets, including The Marijuana Herald on the scheduled final vote and Erie News Now on the June 10 vote and reconsideration, but the official palegis.us bill-history page was inaccessible during research, so today’s vote outcome should be confirmed before external use.

Consultant note: this is worth tracking closely, but today’s vote outcome needs confirming before advising clients either way. The two new license types are a genuine market-entry opportunity if the bill becomes law, but eligibility (new entrants vs. existing operators only) is not settled in the bill text, and nothing opens until the new Cannabis Control Board is seated and writes its own rules. Worth a same-day follow-up to confirm whether the Senate passed it.

Where does Pennsylvania’s adult-use bill SB 120 stand?

Separately from SB 49, the Senate Democratic Policy Committee — an informational, minority-party panel, not the committee of jurisdiction — held a hearing on September 25, 2026 on SB 120, the bipartisan adult-use legalization bill. SB 120 itself remains parked in the Law & Justice Committee with no vote scheduled. The PA Senate Democrats hearing notice has details. For ongoing tracking, see our Pennsylvania adult-use cannabis SB 120 coverage.

Is Oregon reopening marijuana wholesale licensing?

OLCC announced that active wholesale licenses have fallen below the population-based ratio set by HB 4121 (2024), which bars new wholesale licenses once the state exceeds 1 active license per 12,500 residents 21 and older. What has happened so far:

• A Rules Advisory Committee met September 25, 2026 to review a framework for reopening wholesale applications — a rulemaking step, not yet a reopened application portal.
• OLCC has floated an estimate of roughly 30 new wholesale licenses becoming available.
• This would be the first wholesale moratorium lift since it was imposed in 2022.

Confidence is high: two independent trade sources with matching dates and figures, tied to a known statutory formula. See The Marijuana Herald and Green Rush.

Consultant note: this is a heads-up, not an open window yet. The rulemaking process must finish before OLCC starts accepting wholesale applications, but roughly 30 available slots after a four-year moratorium is a meaningful opportunity. Clients wanting Oregon wholesale positioning should begin compliance and site prep now so they can file immediately once the portal opens.

What should applicants do this week?

• Florida: If you want the rule’s discretion narrowed, file a public comment on Rule 64-4.214 before October 2, 2026. Either way, build your MMTC application package now — a 5-day window is not enough time to assemble one — and budget for the $146,000 non-refundable fee possibly more than once.
• Pennsylvania: Confirm the September 28, 2026 SB 49 floor vote outcome before making any decision based on it. Do not commit capital against transporter or warehousing licenses yet; eligibility, fees and timeline all depend on a Board that does not exist.
• Oregon: Start compliance and site prep for a wholesale license so you can file immediately when OLCC finishes rulemaking and opens the portal.
• Federal: No action item. The GAO findings are process criticism; the rescheduling ruling is still pending at DEA.

Frequently Asked Questions

Does the GAO report change marijuana’s federal legal status?

No. The September 23, 2026 report found DEA has never written down formal rules for how it evaluates drug scheduling, and that FDA has a similar gap with an FDA–NIH consultation agreement that has not been updated in over 40 years. It is a process critique, not a rescheduling decision. DEA still has not issued its ruling on the pending review, which has been awaiting a decision since the hearing record closed in August 2026.

How much does it cost to apply for a Florida MMTC license under the proposed rule?

The application fee under proposed Rule 64-4.214 is $146,000, non-refundable, and due every time an applicant applies. An unsuccessful applicant in one cycle has to pay again to try in the next one. The rule states no cap on total licenses, and each application window would last just 5 days.

Did Pennsylvania’s SB 49 pass the Senate?

As of this report, the outcome was not yet public. SB 49 was defeated 23–27 on June 10, 2026, then kept alive by a 29–21 motion to reconsider, with a new floor vote scheduled for September 28, 2026. Confirm the result before acting on it; the official palegis.us bill-history page was inaccessible during research.

When can I apply for an Oregon marijuana wholesale license?

Not yet. OLCC’s Rules Advisory Committee met September 25, 2026 to review a framework for reopening wholesale applications, but rulemaking must finish before OLCC starts accepting them. OLCC has floated an estimate of roughly 30 new wholesale licenses, which would be the first moratorium lift since 2022.

How CBA Can Help

The Cannabis Business Advisors tracks these state and federal developments week by week and tells clients what is actually actionable versus what is noise. When a state like Florida signals 5-day application windows announced at the regulator’s discretion, or Oregon works through rulemaking toward roughly 30 wholesale slots, we help applicants get compliance, site work and application materials finished ahead of the announcement so they can file on day one. We also confirm pending items — like the September 28, 2026 Pennsylvania SB 49 vote — before clients act on them.

Call 1-602-290-9424 or email Info@TheCannabisBusinessAdvisors.com to talk through your position in any of these markets.

Contact The Cannabis Business Advisors (CBA) to review your state-by-state filing calendar before the next deadline.