The Question That Won’t Go Away: “If I Buy a Drone Today, Will It Be Illegal Tomorrow?”
If you’re thinking about buying a drone in 2026, you’ve probably had this thought:
“What if I drop $1,000 on a drone, and next month the government bans it?”
It’s a fair fear. The drone regulatory landscape has shifted dramatically in the past 2 years. The FCC has its “Covered List.” Transport Canada keeps updating rules. Everyone’s talking about the “DJI ban.” There’s so much noise that it’s hard to know what’s actually true.
Here’s what we’re going to do: Cut through the noise and give you the real, honest answer.
In this guide, we’ll walk you through: – Whether DJI drones are actually legal right now (spoiler: yes, for now) – Exactly what the FAA requires in 2026 – What Transport Canada actually demands – The 4 things you need to do before your first flight – The one mistake that could cost you $27,500 in fines
By the end, you’ll know exactly what’s legal, what’s not, and how to stay on the right side of the law.
The #1 Myth: “DJI Drones Are Getting Banned in 2026”
Let’s address this head-on.
The claim: “The US government is banning DJI drones.”
The truth: There is currently no blanket ban on DJI drones in the US or Canada for recreational or standard commercial use.
What’s actually happening:
In late 2024 / early 2025, the FCC released a “Covered List”—a list of foreign drones deemed potential national security risks. DJI is on this list for new imports.
But here’s the critical part: This only affects NEW models imported after the list was published. Existing DJI drones (Mini series, Air series, Mavic series) that are already in circulation remain legal to fly.
The nuance: If you buy a brand-new DJI model released in 2026, it might face import restrictions. But the vast majority of DJI drones available for purchase right now are legal.
For your peace of mind: Every drone we sell at [Your Site Name] is fully authorized, FCC-compliant, and Remote ID ready. Your investment is safe.
The 2026 Reality: What Actually Changed
The drone regulatory landscape in 2026 isn’t dramatically different from 2025, but there are three key updates you need to know:
1. Remote ID is Now Mandatory (No Exceptions)
What it is: Every drone must broadcast a digital signal that identifies itself to the government.
Why it matters: If your drone can’t broadcast Remote ID, it cannot legally fly in the US or Canada.
The good news: All modern drones (including every DJI model from 2023 onward) have Remote ID built in. If you buy a new drone, it’s automatically compliant.
The bad news: If you’ve got an old DJI Phantom 4 or Mavic Air (pre2023), you might need a Remote ID transmitter ($99–$200).
2. The FAA’s “Operations Over People” Update
What changed: In 2026, the FAA relaxed some restrictions on flying drones over populated areas.
What this means: If your drone is under 250g and has propeller guards, you can now fly over people in certain circumstances without filing for a waiver.
Why it matters: If you’re doing real estate footage in downtown areas or event videography, this is a game-The US Compliance Path: Two Choices
In the United States, you have two legal paths for flying drones in 2026:
Path 1: The Recreational Path (“I Just Want to Fly for Fun”)
The Requirements: – [ ] Drone under 250g – [ ] Complete the free FAA TRUST test (online, 10 minutes) – [ ] Keep the drone in Visual Line of Sight (VLOS) at all times – [ ] Stay below 400 feet – [ ] Don’t fly near airports, stadiums, or prisons – [ ] Don’t fly at night (unless you get a waiver)
The Cost: Free (TRUST test) + Price of drone The Timeline: Get flying in 1 day (after you complete the TRUST)
Real-World Example: Sarah wants to film her vacation in Hawaii. She buys a DJI Mini 5 Pro ($500), takes the 10-minute TRUST test, and starts flying the next day. No licenses, no registration, no paperwork.
The Catch: You cannot make any money. Not even $1. If you monetize a YouTube video or sell drone footage to a friend, you’ve crossed into commercial territory.
Path 2: The Commercial Path (“I Want to Make Money”)
The Requirements: – [ ] Pass the FAA Part 107 exam – [ ] Register your drone ($5 per drone, valid for 3 years) – [ ] Keep the drone in VLOS – [ ] Stay below 400 feet – [ ] Follow all the same safety rules, PLUS: – Can fly over people (with conditions) – Can fly at night (with proper lighting) – Can fly beyond VLOS (with a spotter or visual observer) – Can charge clients for your work
The Cost: – Part 107 study course: $200–$500 – Exam fee: $175 Drone registration: $5 – Total: $380–$680 to get started
The Timeline: – Study: 2–4 weeks (self-paced) – Exam: 60 questions, need 70% to pass – First paying flight: 2–4 weeks after passing
The ROI: – Real estate footage: $300–$800 per property Construction mapping: $500–$2,000 per project – Solar inspections: $200–$400 per roof – Average pilot in 2026: Makes back $680 investment in 1–2 jobs
Real-World Example: Mike is a real estate agent. He invests $680 to get his Part 107 license. His first commercial job is filming a luxury home listing. He charges $800 for the drone footage. ROI: 118% in one job.
changer.
3. Transport Canada’s “Sheltered Operations” Rule
What changed: Canada now allows advanced pilots to fly drones closer to buildings and in urban areas if they follow specific safety protocols. What this means: If you’re a Canadian pilot with an Advanced Certificate, you have more flexibility than before.
Why it matters: More work opportunities for licensed drone operators.
The US Compliance Path: Two Choices
In the United States, you have two legal paths for flying drones in 2026:
Path 1: The Recreational Path (“I Just Want to Fly for Fun”)
The Requirements: – [ ] Drone under 250g – [ ] Complete the free FAA TRUST test (online, 10 minutes) – [ ] Keep the drone in Visual Line of Sight (VLOS) at all times – [ ] Stay below 400 feet – [ ] Don’t fly near airports, stadiums, or prisons – [ ] Don’t fly at night (unless you get a waiver)
The Cost: Free (TRUST test) + Price of drone The Timeline: Get flying in 1 day (after you complete the TRUST)
Real-World Example: Sarah wants to film her vacation in Hawaii. She buys a DJI Mini 5 Pro ($500), takes the 10-minute TRUST test, and starts flying the next day. No licenses, no registration, no paperwork.
The Catch: You cannot make any money. Not even $1. If you monetize a YouTube video or sell drone footage to a friend, you’ve crossed into commercial territory.
Path 2: The Commercial Path (“I Want to Make Money”)
The Requirements: – [ ] Pass the FAA Part 107 exam – [ ] Register your drone ($5 per drone, valid for 3 years) – [ ] Keep the drone in VLOS – [ ] Stay below 400 feet – [ ] Follow all the same safety rules, PLUS: – Can fly over people (with conditions) – Can fly at night (with proper lighting) – Can fly beyond VLOS (with a spotter or visual observer) – Can charge clients for your work
The Cost: – Part 107 study course: $200–$500 – Exam fee: $175 Drone registration: $5 – Total: $380–$680 to get started
The Timeline: – Study: 2–4 weeks (self-paced) – Exam: 60 questions, need 70% to pass – First paying flight: 2–4 weeks after passing
The ROI: – Real estate footage: $300–$800 per property Construction mapping: $500–$2,000 per project – Solar inspections: $200–$400 per roof – Average pilot in 2026: Makes back $680 investment in 1–2 jobs
Real-World Example: Mike is a real estate agent. He invests $680 to get his Part 107 license. His first commercial job is filming a luxury home listing. He charges $800 for the drone footage. ROI: 118% in one job.
The Canadian Compliance Path: Two Tiers
Canada’s system is similar but has its own terminology and rules.
Tier 1: The “Recreational” Path (Micro-Drones Under 250g)
The Requirements: – [ ] Drone weighs under 250g – [ ] No registration needed – [ ] No pilot certificate needed – [ ] Just don’t be negligent – [ ] Don’t fly near airports, emergency scenes, or other people’s property without permission
The Cost: Free (beyond the drone) The Timeline: Instant (fly today if you have the drone)
The Beauty of Canada: If your drone is under 250g, you’re basically in the “hobbyist sweet spot.” The government trusts you to be responsible. No exams, no paperwork.
The Catch: The moment your drone goes over 250g, everything changes.
Tier 2: The “Commercial” Path (Drones Over 250g or Any Commercial Use)
Basic Operations (Most Common): – [ ] Pass the Transport Canada Basic Remote Pilot Exam – [ ] Register your drone with Transport Canada ($0 fee, but required) – [ ] Stay 30 meters (100 feet) away from people and buildings – [ ] Stay out of controlled airspace (or get clearance) – [ ] Don’t fly at night
Cost: – Basic exam study course: $150–$300 – Exam fee: $100–$150 (varies by province) – Drone registration: Free – Total: $250–$450
Advanced Operations (For Urban / Complex Work): – [ ] Pass the Transport Canada Advanced Remote Pilot Exam – [ ] Flight review with a certified examiner: $300–$500 – [ ] Now you can fly closer to people, in cities, and in more complex scenarios
Cost: – Advanced exam + flight review: $800–$1,200 total – Timeline: 4–8 weeks
Real-World Example: James in Toronto wants to start a drone photography business. He’s buying a DJI Air 3S (720g—over 250g). He: 1. Studies for the Basic exam (2 weeks) 2. Passes the exam ($125) 3. Registers his drone (free) 4. Can now legally fly commercially in Canada 5. First job: Real estate photography, $500 fee 6. ROI: 400% in the first job.
The Remote ID Requirement: What You Actually Need to Know In 2026, this is non-negotiable: Your drone must have Remote ID.
What Remote ID does: – Broadcasts your drone’s location and identity to the government in real-time – Uses either internet-based (requiring smartphone connection) or radio-based (standalone) broadcast
Which drones have it: – All DJI drones from 2023 onward: Built-in Remote ID ✓ – Most Auterion drones: Built-in or via broadcast module ✓ – Older drones (Phantom 4, Mavic Air 1, etc.): May need external Remote ID module ($99–$200) ✗
Do you need it? – Recreational flying: YES (mandatory as of 2023) Commercial flying: YES (mandatory as of 2021) – No exceptions exist.
If your drone doesn’t have Remote ID: You cannot legally fly it in 2026. Not even in an empty field.
The 4-Step Pre-Flight Checklist: Do This Every Time
Before you launch your drone, check these four things:
Step 1: Check Your Airspace (2 minutes)
What to do: – Use the B4UFLY app (US) or NAV Drone app (Canada) Enter your location – Check for Temporary Flight Restrictions (TFRs), no-fly zones, and controlled airspace
Why it matters: – Flying in a no-fly zone = $32,666 fine (US) – Flying near an airport = $27,500 fine (US) – Flying in a TFR = Immediate FAA enforcement action
Real scenario: You plan to fly at a local park. You check B4UFLY and discover there’s a temporary flight restriction active (maybe a police helicopter is operating nearby). You postpone your flight and avoid a $32K fine.
Step 2: Check Your Hardware (1 minute)
What to check: – [ ] Remote ID is broadcasting (check your drone’s app—it should show a green indicator) – [ ] Propellers are intact (look for micro-cracks or dents) – [ ] Battery is fully charged and hasn’t puffed/swollen – [ ] Firmware is up to date (check the DJI app) – [ ] SD card has space (at least 1GB free)
Why it matters: – A cracked propeller = drone falls from the sky – A swollen battery = potential fire hazard – Outdated firmware = Remote ID might not broadcast correctly
Step 3: Check Your Knowledge (1 minute—Yes, Really)
What to verify: – [ ] Do you have the right license for what you’re about to do? (Recreational? Part 107? Basic? Advanced?) – [ ] Are you within your legal limits? (Time of day, altitude, distance from people?) – [ ] Have you checked local municipal bylaws? (Some cities have additional rules)
Why it matters: – You might have the license, but not the type of license needed for this specific task – Local rules sometimes exceed federal rules
Real scenario: Jake has his Part 107 license, so he thinks he can fly anywhere commercially. But his city has a local ordinance prohibiting commercial drone flights in residential areas without special permission. He flies in a residential neighborhood anyway and gets cited by local police.
Step 4: Check the Weather (2 minutes)
What to look at: – Wind speed at your altitude (use UAV Forecast app —don’t just look at ground-level wind) – Temperature (Canada: Avoid flying below -10°C without heated batteries) – Rain/storms (drones don’t like water) – Solar activity (yes, really—solar flares can mess with GPS)
Why it matters: – A 20mph wind gust can slam your drone into a tree – Cold Canadian weather drains batteries 30% faster than normal – A drone without GPS is a drone falling out of the sky
The 2026 Tip: Use the Kp-Index in UAV Forecast. If it’s above 5, be extra careful with GPS-dependent flying.
The Money Question: What Happens If You Break the Law?
Let’s be real: What are the consequences if you accidentally (or intentionally) break drone regulations?
| Violation | Fine | Likelihood of Enforcement |
| Flying without TRUST test | $27,500 | Low (but increasing) |
| Flying near an airport | $27,500 | Very high |
| Flying at night without waiver | $32,666 | Medium |
| Flying beyond VLOS | $27,500 | Low |
| Flying over people | $27,500 | Medium |
| Interfering with manned aircraft | $250,000+Extremely high | |
The Reality: Enforcement is spotty. The FAA can’t police every backyard in America. But if you fly near an airport or over a stadium, they will catch you. And the fine is bigger than the drone you just bought.
Canada is stricter: Transport Canada actively enforces drone regulations. Fines are CAD $50,000+ for commercial violations.
The Truth About DJI in 2026: Safe or Not?
This is the question everyone asks: Is it safe to buy a DJI drone right now, or is it about to be banned?
The Honest Answer:
Short-term (Next 6 months): DJI drones are legal. No ban is imminent. The FCC’s “Covered List” only affects new imports; existing drones are fine.
Medium-term (6–12 months): There’s potential for new restrictions on data security or privacy. But even if that happens, it would likely apply to future drones, not drones already in circulation.
Long-term (2027+): This is speculative. Congress could theoretically pass new legislation, but it’s unlikely to retroactively ban drones already owned.
What We Recommend:
If you’re buying a drone in 2026: 1. Choose a recent model (2023 or newer) to ensure firmware support 2. Buy from an authorized retailer (like us) that guarantees legality 3. Expect continued scrutiny, but not an outright ban 4. Stay compliant with Remote ID and registration requirements
The Worst-Case Scenario:
Even if a future ban were to happen, you’d likely have a grace period to sell or donate your drone. The government wouldn’t just confiscate hardware overnight.
Bottom line: DJI drones are legal today. Buy with confidence. Stay compliant. Don’t overthink it.
The 2026 Drone Owner’s Checklist: Before You Fly
Print this out. Do it before every flight.
Pre-Purchase:
Decide: Recreational or Commercial?
If Commercial: Get your license (Part 107 or Canadian Basic/Advanced)
Buy a drone with Remote ID
Register your drone (if required in your jurisdiction)
Before First Flight:
Download B4UFLY (US) or NAV Drone (Canada)
Download UAV Forecast for weather
Complete the FAA TRUST test (if recreational in US)
Read your drone’s manual (seriously)
Do a test flight in an open area with no people
Before Every Flight:
Check airspace (B4UFLY / NAV Drone)
Check Remote ID is broadcasting
Check propellers for damage
Check battery health
Check weather
Check firmware is updated
After Your Flight:
Log your flight (optional, but good practice)
Back up your footage
Inspect drone for damage
Store battery safely (cool, dry place)
FAQ: The Questions We Get Asked Every Single Day
“Is DJI banned in 2026?”
No. There’s no blanket ban on existing DJI drones for recreational or commercial use. The FCC’s “Covered List” only affects new imports, not drones already in circulation.
“Do I need a license to fly a drone for fun?”
In the US: No license, but you need to pass the free TRUST test. In Canada: No license if your drone is under 250g.
“What happens if I fly in a no-fly zone?”
You could face a $27,500+ fine. The FAA is increasingly aggressive about enforcement near airports and events.
“Can I fly my drone at night?”
Recreational: No, unless you get a waiver (unlikely). Commercial: Yes, if you have Part 107 and proper lighting. Canada: No, unless you have an Advanced Certificate and meet specific requirements.
“Is Remote ID really mandatory?”
Yes. Absolute non-negotiable. If your drone can’t broadcast Remote ID, you cannot legally fly it.
“How much does licensing cost?”
US Part 107: $200–$500 course + $175 exam = $375–$675 total. Canada Basic: $150–$300 course + $125 exam = $275–$425 total. Canada Advanced: $500–$800 course + $300–$500 flight review = $800–$1,300 total.
“What if I buy a used drone—am I legal?”
Yes, if it’s Remote ID equipped and you follow all the rules. Registration and licensing requirements apply to you, not the drone.
“Can I fly over people?”
Recreational: No (with rare exceptions). Commercial: Only if you have Part 107 and meet specific conditions (drone under 250g with propeller guards, in a controlled environment). Canada: Only if you have an Advanced Certificate.
“What’s the coldest temperature I can fly in?”
Technically, you can fly at any temperature, but: US: No legal minimum, but battery performance drops significantly below 32°F. Canada: Transport Canada recommends not flying below -10°C without heated batteries. We sell winter battery kits for this.
“What if I accidentally violate a rule—am I going to jail?”
Criminal charges are rare. Fines are common. You’re more likely to get a warning on first offense if you’re cooperative with the FAA or Transport Canada. But repeat violations or endangering people? That’s where criminal charges happen.
The 2026 Drone Compliance Philosophy: Simple Rules, Big Consequences
The regulations aren’t that complicated:
1. Know your airspace (2 minutes with an app)
2. Know your license level (Part 107? Basic? Advanced?
Recreational?)
3. Follow the rules (Stay in VLOS, below 400ft, away from people unless authorized)
4. Check Remote ID (Make sure your drone broadcasts)
Break these rules, and the fines are huge. Follow them, and you fly free.
Every drone we sell at [Your Site Name] comes with a “2026 Compliance Kit” that walks you through registration and best practices in your specific state or province. We want you flying legally and safely.
Ready to Fly Legal?
The question isn’t whether you can fly a drone in 2026. You can.
The question is whether you’ll do it right.
Check your airspace. Get your license if you’re flying commercial. Keep your Remote ID broadcasting. Follow the rules.
Take Our 60-Second Pilot Matchmaker Quiz — Find the drone that matches your skill level and use case. No guesswork. No regrets.
Browse Our 2026 Legal-Ready Drone Collection — Every drone ships with a Compliance Kit and 24/7 pilot support. We’ve done the legal homework so you don’t have to.
Additional Resources
B4UFLY App (US): Download for free. Check before every flight.
NAV Drone App (Canada): Download for free. Check before every flight.
FAA Remote ID Guide: faa.gov/uas/commercial_operators
Transport Canada Drone Rules: tc.canada.ca/drones
UAV Forecast: Check weather, wind, and solar activity
Our 2026 Compliance Kit: Included free with every drone purchase