The Biden DOJ took the side of the IRS in the marijuana 280E tax arguement that state-legal cannabis businesses CAN be investigated by the IRS for probable violations of Section 280E of the tax code.
It is believed to be one of the first times the U.S. Department of Justice under the new administration has filed an opinion in a marijuana court case.
The Feb 2021 release of the filing was made by DOJ attorneys, led by acting Solicitor General Elizabeth Prelogar.
“That is precisely the federal government’s position and has been for many years,” Thorburn said – an attorney representing a medical marijuana dispensary. “We were hoping that the Biden administration would soften that stance. “It, unfortunately, has not and is doubling down.”
Section 280E of the IRS tax code prohibits marijuana businesses from taking traditional business deductions because the plant is listed as a Schedule 1 drug under the federal Controlled Substances Act.
Industry leaders are optimistic that federal marijuana law reform could come in the next two years because of the Democratic – control of the U.S. House, U.S. Senate and presidency.
QUESTION PRESENTED
For income tax purposes, the Internal Revenue Code disallows any deduction or credit for business expenses incurred in carrying on a trade or business that “consists of trafficking in controlled substances” in violation of federal or state law. 26 U.S.C. 280E. Marijuana is a controlled substance, and federal law prohibits trafficking it. 21 U.S.C. 812(c), 841(a)(1). Petitioners own and operate a marijuana dispensary in Colorado, which has decriminalized marijuana in some respects under state law. The question presented is as follows: Whether the court of appeals correctly affirmed the district court’s decision to enforce several third-party summonses issued by the Internal Revenue Service to a Colorado state agency as part of an investigation into the accuracy of petitioners’ federal income tax returns, including whether petitioners claimed any business expense deductions disallowed by Section 280E.
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Gov. Gretchen Whitmer signed legislation that will automatically clear certain criminal convictions from public view in Michigan while also making more people eligible for expungement through the application process.
The changes are expected to help Michigan citizens by removing a barrier to employment, housing and other opportunities after people have rehabilitated themselves.
Misdemeanors will be expunged seven years after sentencing.
Felonies will be cleared 10 years after sentencing or the person’s release from incarceration, whichever comes last
Up to two felonies and four misdemeanors can be automatically cleared.
Not Eligible
Not eligible for automatic expungement are assaultive crimes, serious misdemeanors, “crimes of dishonesty” (such as forgery and counterfeiting), offenses punishable by 10 or more years in prison and crimes that involve a minor, a vulnerable adult, injury or serious impairment, death or human trafficking.
Assaultive crimes are defined as offenses such as assault, homicide, manslaughter, assaults against pregnant women, kidnapping, rape, armed robbery, terrorism, and violations involving bombs and explosives, according to the House Fiscal Agency.
The legislation gives the state two years to implement the automatic expungement process.
The remaining legislation in the seven-bill package will take effect in 180 days. The bills expand eligibility for expungement through the application process, which is handled by a judge.
felonies that carry a maximum punishment of life in prison, attempt to commit a felony for which the maximum punishment is life, felony domestic violence (if the person had a previous domestic violence misdemeanor), child abuse, most criminal sexual conduct offenses, driving while intoxicated, and traffic offenses causing injury or death.
There will be a streamlined process to set aside misdemeanor marijuana offenses (that would not have been considered crimes after recreational marijuana was legalized in Michigan. Judges will move to set aside convictions after 60 days of receiving an expungement application unless the prosecutor contests it. The evidentiary burden rests on the prosecutor. People aggrieved by a court’s ruling on an application for marijuana expungement can request a rehearing or file an appeal.
So after you’re released and put on parole or long term probation you still have to wait years till that ends before you can apply
The waiting period to apply for expungement will range from three to seven years after a person’s monitoring by the criminal justice system ends, depending on the type of convictions.
Up to three felony offenses and an unlimited number of misdemeanors can be expunged through the application process. These conditions apply: no more than two assaultive crimes can be expunged, and no more than one felony conviction for the same offense if the offense is punishable by more than 10 years imprisonment.
Multiple felonies or misdemeanors arising from the same 24-hour period will be treated as one conviction for the purposes of expungement. None of the offenses can be assaultive, involve the use or possession of a dangerous weapon, or carry a maximum penalty of 10 or more years in prison.
DON’T WAIT FOR NOTHING TO HAPPEN Want Your Record Expunged? …Then call our office. KOMORN LAW 248-357-2550
The new Legalization law is for adults 21+, just like alcohol is for adults 21+ in Michigan. Treat marijuana like alcohol, by locking it up at home, not consuming it in public or in cars, not possessing it on school grounds and not giving it to people under 21.
If you have any questions or wish to get into the cannabis business industry, call my office to get started or we can also consult existing businesses to maximize profits and minimize risk 800-656-3557.
Note that the following is not legal advice, just common sense plain readings of the law. If you want legal advice on the new law, please call our office to schedule an appointment.
The Court of Appeals had made absurd results of plain readings of the MMMA law for years until the bad case law opinions were reversed by the Michigan Supreme Court. To err on the side of judiciary absurdity, we will be going with the most conservative reading in order to maximize your protections.
Said another way, “Don’t be the first person to end up in court testing the limits of the laws.”
What are the rules for driving/transporting legal marijuana?
An adult 21+ can transport 2.5 ounces of marijuana in public or in a car, but not on the “grounds of a public or private school where children attend classes in preschool programs, kindergarten programs, or grades 1 through 12, in a school bus, or on the grounds of any correctional facility” (prison, court?, jail).
Do the 2.5 ounces have to be dried? Wet?
There is no requirement in the act for the marijuana to be dried or wet. The MRTMA law has no difference between wet and dry marijuana weight either.
Prosecutors and Courts have gone to absurd results at the “usable marihuana” language in the MMMA. Using technical violations and wording logic, prosecutors have instructed police to arrest patients and caregivers, instead of giving them protections from the law. It remains to be seen what will happen in the future with the new MRTMA law.
What about transporting plants / clones?
The law is silent on this issue. However section 17 states “This act shall be broadly construed to accomplish its intent as stated in section 2 of this act.”
While section 2 states “Sec. 2. The purpose of this act is to make marihuana legal under state and local law for adults 21 years of age or older.” and “The intent is to prevent arrest and penalty for personal possession and cultivation of marihuana by adults 21 years of age or older”
What this means is that, hopefully, police and prosecutors will not bother adults 21+ who transport their 12 clones or seedlings around. But to be safe, you should consider transporting only seeds until the police, attorney general and prosecutors settle down. Will there be a fight or is marijuana legal legal? After seeing the fight against Medical Marijuana for the last 10 years, it is difficult to say.
Arrested for or Charged with DUI or driving under the influence of “drugs”?… Contact Komorn Law 800-656-3557.
I am a MMMA Patient and Caregiver, can I grow my 12 plants in the MMMA with my 12 plants in the new MRTMA law?
To be safe, you should either stick to the MMMA or the MRTMA law and not try to combine them until the new Attorney General and courts have made some opinions on it.
I am a patient, should I keep my card or use MRTMA protections instead?
The MMMA has 10 years of case law and absolute immunities upheld by the Michigan Supreme Court. MRTMA does not. While the language in MRTMA mirrors or is very similar to the MMMA, we cannot predict the future.
MMMA and MMFLA provisioning centers are open right now to sell marihuana to patients and caregivers. MRTMA businesses are not open and will not be open for at least 1 year.
This means that as a patient, you have the ability to buy from a provisioning center now, whereas an adult 21+ does not have that ability.
Also, caregivers are allowed to sell to their registered connected patients. Caregivers are not allowed to sell to adults 21+. This means as an adult 21+ you cannot get marihuana from a caregiver either.
A patient card will increase your ability to acquire marihuana, for at least the next year.
As an adult 21+, I can grow 12 plants?
Yes, per house can only have 12 plants. So if you have 4 adults 21+ at one house, you can still only have 12 plants at that house.
What are the rules on growing 12 plants?
Within the person’s residence … cultivating not more than 12 marihuana plants for personal use, provided that no more than 12 marihuana plants are possessed, cultivated, or processed on the premises at once.
Remember the laws are for personal use of marijuana, you are not growing for others.
You must not allow the public to see your plants, or drying / curing buds, or you trimming plants.
This act does not allow “Cultivating (propagate, breed, grow, harvest, dry, cure, or separate parts of the marihuana plant by manual or mechanical means) marihuana plants if the plants are visible from a public place without the use of binoculars, aircraft, or other optical aids.”
This means you should use crop cloth or privacy screen to make sure no one can see your plants growing, if outdoors.
Drying, curing, trimming, harvesting, growing or breeding plants must be done inside “an enclosed area equipped with locks or other functioning security devices that restrict access to the area”.
How much marijuana am I allowed to keep at home?
2.5 ounces of marijuana unlocked and “excess marihuana is stored in a container or area equipped with locks or other functioning security devices that restrict access to the contents of the container or area.”
Possibly, “excess marihuana” is “not more than 10 ounces of marihuana”. “excess marihuana” could be marijuana gifted by other adults 21+ or bought in MRTMA stores (not yet operational).
AND you are allowed to keep all marihuana produced by your 12 plants on your premises.
“any marihuana produced by marihuana plants cultivated on the premises and cultivating not more than 12 marihuana plants for personal use, provided that no more than 12 marihuana plants are possessed, cultivated, or processed on the premises at once;”
BUT “not more than 15 grams of marihuana may be in the form of marihuana concentrate”. “Marihuana concentrate” means the resin extracted from any part of the plant of the genus cannabis.
“Marihuana” means all parts of the plant of the genus cannabis, growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including marihuana concentrate and marihuana-infused products. For purposes of this act, marihuana does not include:
(1) the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from those stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of germination;
(2) industrial hemp; or
(3) any other ingredient combined with marihuana to prepare topical or oral administrations, food, drink, or other products.
Will this MRTMA legalization law affect the MMMA?
No. the MRTMA law specifically says:
“This act does not limit any privileges, rights, immunities, or defenses of a person as provided in the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430, the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801, or any other law of this state allowing for or regulating marihuana for medical use.”
Where can I smoke marijuana?
Any private property where the owner of the property allows smoking.
Do not smoke in “a public place”, parking lots, parks, rivers, roads, sidewalks etc.
I can give marijuana to my friend?
Gifting of marijuana to other adults 21+ is allowed.
Adults 21+ can legally “giving away or otherwise transferring without remuneration up to 2.5 ounces of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate, to a person 21 years of age or older, as long as the transfer is not advertised or promoted to the public.”
Can my friend help me grow or trim my plants?
Adults 21+ can help other adults 21+ to grow, process, transport, possess, use, trim, extract or other conduct allowed in Section 5.
Sec 5.1 c “assisting another person who is 21 years of age or older in any of the acts described in this section”
Can I use butane to make extracts or wax?
MRTMA bans butane extractions in the “curtilage of any residential structure”.
Sec 4.1 (d) “separation of plant resin by butane extraction or another method that utilizes a substance with a flashpoint below 100 degrees Fahrenheit in any public place, motor vehicle, or within the curtilage of any residential structure”
I have a past conviction for marijuana, can I have my record expunged?
Yes! Even the new incoming governor has said she wants to expunge past marijuana convictions. Call my office today to get prepared and started for when the official expungements begin. 800-656-3557
I want to get a microbusiness license. What are the requirements?
The requirements for licensing have not yet been determined by the department. Since MRTMA was based on MMFLA language, it is speculated that the MMFLA rules will be used.
I am a landlord and do not want my renters smoking marijuana.
The MRTMA law allows you to prohibit smoking of marijuana in your property. “This act allows a person to prohibit or otherwise regulate the consumption, cultivation, distribution, processing, sale, or display of marihuana and marihuana accessories on property the person owns, occupies, or manages, except that a lease agreement may not prohibit a tenant from lawfully possessing and consuming marihuana by means other than smoking.”
My city banned marijuana businesses, the closest location would be 50 miles from me!
Sec 6.1 says in part “Individuals may petition to initiate an ordinance to provide for the number of marihuana establishments allowed within a municipality or to completely prohibit marihuana establishments within a municipality, and such ordinance shall be submitted to the electors of the municipality at the next regular election when a petition is signed by qualified electors in the municipality in a number greater than 5% of the votes cast for governor by qualified electors in the municipality at the last gubernatorial election. A petition under this subsection is subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488.”
Can I take or mail my cannabis to Canada, from Canada, or to or from other states?
No, you really should not. The border crossing area to Canada is federal land and there are currently no protections for recreational marijuana laws in federal law. There is some MMMA protection in the DOJ appropriations blocking the Department of Justice from using funds against state-legal compliant medical marijuana patients.
If you are travelling to another medical or recreational marijuana state, just buy it there. No reason to make a federal case out of it.
Is it ok to leave my cannabis unlocked in my house?
Remember, if a person under 21 can access your marijuana, under current drug case law, he constructively possesses the drug. Which could land that young person in trouble with the law. If you have family in your house, make sure to lock up your marijuana and keep the key or combo to yourself.
What about my 2nd amendment right to own a firearm? Can I also possess marijuana?
The federal government has issued various open letters against people owning firearms with medical marijuana. This also applies to recreational and legalization of marijuana. The senate and house have introduced bills to make this not apply in legal states, however the bills have not been voted on yet.
May I purchase a gun if I am a medical marijuana patient in the database?
The medical marijuana authorization database is in no way connected to any other system and does not affect your right to purchase or carry a gun. However, under federal law, marijuana possession is illegal for both recreational and medical use. The federal law affects gun ownership. It is unlawful for a firearms dealer to sell or give a gun to a person who uses or is addicted to a controlled substance that is illegal under federal law.
All of Michigan falls within the 100 mile international border area, does this mean federal agents can arrest me for possession and or cultivation?
Yes unfortunately. Again, having a patient card will protect you as long as the appropriation rider congress renews is in effect.
What about hemp?
Dec 6th, growing industrial hemp will be legal. LARA shall issue rules and regulations related to the growing and processing of industrial hemp. In order to stay legal and safe, it is advised to use the best practices utilized in other states hemp laws; Including using a known hemp seed source.
If you want to get involved with hemp, please contact Komorn Law.
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.
If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.
Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Contact us for a free no-obligation case evaluation 800-656-3557.
This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information.
Senate Majority Leader Mitch McConnell’s decision to put himself on the farm bill conference committee was insurance that one of his policy priorities — and a key issue for his 2020 re-election campaign — would make it to President Donald Trump’s desk this year.
“At a time when farm income is down and growers are struggling, industrial hemp is a bright spot of agriculture’s future,” McConnell said Tuesday morning. “My provision in the farm bill will not only legalize domestic hemp, but it will also allow state departments of agriculture to be responsible for its oversight.”
The Senate then acted quickly, voting 87-13 in the afternoon to adopt the conference report. It now heads to the House, which could pass it as early as Wednesday and then send it to Trump for his signature.
If you have any questions or wish to get into the cannabis business industry, call my office to get started or we can also consult existing businesses to maximize profits and minimize risk 800-656-3557.
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The leaders of the Senate Agriculture Committee, who led the conference negotiations on the bill on behalf of the chamber, praised the efficient passage as senators seek to complete their remaining work for the 116th Congress.
“We are thrilled to report the U.S. Senate has acted to give certainty and predictability to rural America,” Kansas Republican Pat Roberts and Michigan Democrat Debbie Stabenow said. “This is the mark of a good bill. We urge our colleagues in the House of Representatives to pass this conference report quickly.”
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.
If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.
Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Contact us for a free no-obligation case evaluation 800-656-3557.
This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information.
A Macomb County 39th District Court in Roseville judge was sentenced Friday to a year of probation and a 90-day suspended sentence on charges over a 2017 hit-and-run crash in Roseville.
Steenland also was ordered to attend substance abuse counseling, pay a $1,000 fine, serve 100 hours of community service and refrain from using alcohol and drugs while on probation.
Arrested for or Charged with DUI or driving under the influence of “drugs”?… Contact Komorn Law 800-656-3557.
A 31-year-old Roseville man told police his car was struck by a red sedan driven by a woman who drove away. The man provided officers with the car’s license plate number and a description of the incident. Michigan State Police identified Steenland as the suspected driver. Authorities said the incident occurred at 8:30 p.m. Sept. 25, 2017, near McKinnon Street in Roseville.
A court sentenced Steenland to six months probation after she pleaded guilty to the charge. The Michigan Supreme Court suspended her for 90 days without pay.
Steenland was elected to the 39th District Court in Roseville in 2002.
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.
If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.
Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Contact us for a free no-obligation case evaluation 800-656-3557.
This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information.
