Bjones2
2 weeks ago
What tax deductions will be available to marijuana companies if 280E disappears?
By Neil Prasad and Martin Martinez, Guest Columnists
July 5, 2024
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The cannabis industry has long been shackled by the constraints of Section 280E of the Internal Revenue Code, which prohibits companies dealing with substances classified under Schedules 1 or 2 of the Controlled Substances Act (CSA) from deducting ordinary business expenses.
While Section 280E is applicable to federal deductions, only half of the markets with medical or adult-use marijuana business licenses are decoupled from federal limitations, meaning state-regulated cannabis companies in those regions aren’t subject to 280E rules when filing state taxes.
This provision has stifled the growth of legal marijuana enterprises across the United States.
But with the Biden administration proposing the reclassification of marijuana from Schedule 1 to Schedule 3, the industry stands on the brink of a fiscal revolution.
What deductions are currently out of reach for cannabis companies?
Under Schedule 1, marijuana businesses face severe limitations when it comes to their tax filings and income-tax obligations.
They also should review whether each state where they operate conforms to federal tax provisions.
The iron grip of Section 280E bars companies from claiming a myriad of selling, general and administrative deductions that are otherwise routine for businesses in other sectors, such as:
Rent: The simple overhead of leasing space for operations – a deductible expense in virtually any other industry – remains a fiscal ghost in the cannabis realm.
Salaries and wages: Employee compensation, from budtenders to executives, is money spent without the prospect of tax relief.
Utility costs: Electricity, water and other utilities essential to cultivating and selling cannabis cannot lighten the tax load.
Maintenance and repairs: Upkeep of facilities is a nondeductible money pit hindering reinvestment and upgrades.
Marketing and advertising: Building and promoting a brand are crucial for growth and customer acquisition, and they bleed funds without tax write-offs that offset their costs.
Health insurance: Employee medical coverage is an unacknowledged expense, pressuring the industry’s workforce stability.
Depreciation and amortization (on non-plant-touching assets): Federal tax regulations ignore the gradual loss of asset value over time.
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Preparing for 280E changes
Imagine a world where the marijuana industry no longer finds itself in the same category as heroin or LSD but instead sits alongside prescriptions filled daily at local pharmacies.
What transformation could this bring to cannabis businesses once freed from the 280E punitive regime?
Full-spectrum deductions: You could claim deductions for ordinary and necessary business expenses, such as rent, salaries, utility bills and marketing costs.
Profit reinvestment: Funds liberated from 280E could go back into the business, fueling expansion, research and development, innovation and employment.
Lower consumer prices: Potential cost savings might be passed to consumers, making medical cannabis more accessible.
Enhanced financial services: With the stigma reduced, obtaining loans, credit lines and banking services could become more accessible.
Elevated market competition: Tax relief could lead to competitive patient or consumer pricing, driving down the illicit market’s appeal.
The prospect of such changes has the industry buzzing with excitement and speculation.
Will these potential deductions lead to a flourishing economic ecosystem for cannabis businesses, or will the dream of financial parity with other industries remain just out of reach?
One thing is clear: The rescheduling of marijuana and the subsequent rendering of Section 280E obsolete for cannabis businesses could potentially unleash a green wave of prosperity, transforming a once-hamstrung industry into a financial powerhouse.
The question remains: When will the cannabis industry be allowed to bloom to its full financial potential?
Neil Prasad leads the National Cannabis Industry Group at Marcum, a national business and accounting firm. He can be reached at neil.prasad@marcumllp.com.
Martin Martinez is the partner in charge of Marcum’s Tax & Business Services division in Houston and a member of the firm’s National Tax Office. He can be reached at martin.martinez@marcumllp.com.
Shaker777
2 weeks ago
Do you now that this what every loser stock pumper says to lure newbs?
This can go 50x.. calling the greed!
This is also what GoingreenPick said on 2021 all year log, stock of the year, 50 cents by the end of the year (GoingGreenPick is Paul Riss himself). BTW, when he was pumping that, pps was half cent already!
Now half cent is the new dream, which also will never happen!
Do you also remember when Paul Riss forgot to switch the users on his twitter account, and wrote this infamous pumping tweet, and caused the fall from .0092 to .0033 in one hour?
Dude, this stock will never go back to more than .001 max.. if ever left the trips!
The stinky reputation of Paul Riss becomes a deterrent.
And to answer your question: no, I don't have a lot of shares now. Will start buying a few at .0002 then, at .0001.
No rush, basic fundamentals: Paul Riss has to sell and can't afford the cost of buying or false pumping at this time when the market is giving him the finger!
Shaker777
2 weeks ago
The questions is to the morons who saw the Q3 promise early this year and kept the stock: Didn't you see this path coming?
Paul Riss never exceeded the expectation, when he promise Q3 2024, it will never be before that
But what he always breaks his promises, this will be delayed to q4, then q1 2025 ..
Then totally go silent, exactly as he did with the Uzbek's deal
36Knuckle
4 weeks ago
German Burtscher
8:11?AM (27 minutes ago)
to me
Just to clarify …. As part of the restructuring process, we shut down the Lacey facility. The landlord, as the 10 year lease was up, did not want to renew and we were to settle past due payments. They attempted an eviction, but we took legal action and the courts agreed with us. It was a tough move as we laid off close to 30 staff. We consolidated distribution in one of our facilities. Our expenses are now materially lower, shedding ourselves of $80,000 in monthly rent payments and a 75,000sf facility which was only 60% utilized.
The healthcare issue was a real problem but got resolved and no, we did not NOT tell staff and nobody lost.
As a matter of fact, Artizen production facilities are one of the few in the WA State cannabis industry that provide for full healthcare for all employees.
I tend to ignore disgruntled former staff as it is only a handful and I recognize that shit poster.
G
(Asked and Answered...I'm good with the mans explanation...thought I'd pass it on.)
😎
Bjones2
1 month ago
Pennsylvania lawmakers introduce bipartisan marijuana legalization bill
by: George Stockburger
Posted: Jun 17, 2024 / 11:31 AM EDT
HARRISBURG, Pa. (WHTM) – Pennsylvania lawmakers have unveiled a bipartisan bill to legalize adult-use marijuana.
Reps. Aaron Kaufer (R-Luzerne) and Emily Kinkead (D-Allegheny) say the bill prioritizes public safety, consumer protection, social equity, and criminal justice reform.
The lawmakers also say their bill would help create jobs and generate “significant tax revenue” while targeting the illegal marketplace. In March, the Independent Fiscal Office released a report that said legalized marijuana in Pennsylvania has the potential to bring in more than $1 billion in tax revenue over the next five years
“This bill underscores our commitment to responsible regulation of the cannabis industry while addressing the diverse needs of Pennsylvania’s communities,” said Kaufer. “By prioritizing public safety and consumer protection, this legislation will build on the successful regulatory structure of the state’s medical cannabis program, continuing stringent standards for product quality, packaging and labeling to ensure the well-being of all consumers.”
Farmers would also have an opportunity to participate in the legal market.
“It is well past time for the Commonwealth to legalize cannabis for recreational use, address the injustices of the failed War on Drugs, and ensure that Pennsylvanians can benefit from this industry in the same way our neighboring states have,” said Kinkead. “Our bipartisan effort to provide specific language that takes the best practices from other states is the next substantial step in finally getting this done.”
Law makers say the bill would also place a “strong emphasis on social equity and criminal justice reform by creating opportunities for individuals disproportionately impacted by outdated cannabis policies.”