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Opinion: Medical marijuana companies have stronger 280E argument

Nathaniel Pollock (Courtesy photo)

The $143 million question on every marijuana executive’s mind these days – especially after Thursday’s news that Trulieve Cannabis received $113 million in tax refunds – is: Should my MJ company consider filing a tax refund claim?

The best answer is: Some should.

Why only some?

What would make one cannabis business’ argument that Section 280E of the IRS code doesn’t apply a potential winner while another cannabis business’ argument is a likely loser?

The most important distinction is medical versus adult-use marijuana.

Here’s why:

In December 2014, Congress enacted a law that bars the Department of Justice from using funds to prevent states, the District of Columbia and U.S. territories from “implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.”


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