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How marijuana companies can fight back against 280E tax punishment

Naomi Granger (courtesy photo)

(This is a contributed guest column. To be considered as an MJBizDaily guest columnist, please submit your request here.)

Since the first legal marijuana business stepped out of the shadows, Internal Revenue Code Section 280E has quietly drained the industry, turning modest profits into massive tax liabilities and legal businesses into tax pariahs.

Originally passed in 1982 to penalize cocaine traffickers, 280E applies to fully licensed, tax-paying cannabis companies in compliance with state law. What began as a targeted tool has evolved into financial punishment and a contradiction of the very structure of legal markets.

And in 2025, the weight of that contradiction is becoming too large to ignore.

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For the past eight years, I’ve worked in cannabis accounting and seen firsthand

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