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Cannabis businesses using employee stock ownership plans to skirt 280E

When Maryland Gov. Wes Moore signed a law on April 22 exempting employee stock ownership plans (ESOPs) from the state’s strict five-year license-hold requirement for cannabis businesses, he opened up an exit strategy for founders.

He also created a strategy that enables marijuana companies to bypass Section 280E of the Internal Revenue Code.

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ESOPs are a tool that cannabis businesses in other states have been taking advantage of since about 2023, when Massachusetts-based Theory Wellness put its program into place. Another Massachusetts cannabis company – The Vault – followed a few days later.

“An ESOP is just another way to sell your company,” said Darren Gleeman, managing partner of New York-headquartered ESOP investment bank MBO Ventures, who worked with both companies on their

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