The Marijuana Industry Paid an Extra $1.8 Billion in Federal Taxes Because of the 280E Tax Code

The Marijuana Industry Paid an Extra $1.8 Billion in Federal Taxes Because of the 280E Tax Code

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Why legalize cannabis when 280E is the gift that keeps on giving to the Federal government?

Whitney Economics, a cannabis research firm, recently conducted a comprehensive analysis of the impact of federal taxes on the cannabis industry. The findings revealed that in 2022, cannabis operators incurred an astonishing $1.8 billion in additional taxes compared to conventional businesses. Looking ahead, it is projected that this excess burden will rise even further to reach $2.1 billion in 2023.

The Reason Behind The Higher Tax Burden for Cannabis Operators

Despite the growing number of states that have legalized medicinal or adult-use cannabis operations, cannabis’ classification as a Schedule I controlled substance under the Controlled Substances Act (CSA) remains unchanged.

Under this classification, cannabis businesses that operate per state law are deemed criminal enterprises engaged in the trafficking of a controlled substance under federal law. This label treats law-abiding business owners and operators as drug dealers peddling substances as harmful as cocaine and heroin. As such, these businesses are subjected to Section 280E.

Section 280E is a provision that punishes those involved in the trafficking of Schedule I or II drugs by prohibiting the deduction of “ordinary and necessary” business expenses. This includes below-the-line deductions, even after reducing gross receipts by the cost of goods sold (COGS). This results in federal income tax liability being calculated based on gross income rather than net income.

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Stolen Cannabis flies from a stolen truck during police chase after Bay County marijuana store heist

Stolen Cannabis flies from a stolen truck during police chase after Bay County marijuana store heist

BAY CITY, MI — In the darkness of the early morning, a stolen pickup truck fled down I75, running from a burgled Bay County cannabis store.

The vehicle pursued by a Michigan State Police car veered across lanes as its speed topped 120 mph, causing cannabis to rise from its bed and fly onto the highway.

The pursuing troopers’ car finally and repeatedly rammed the truck before its five occupants leapt out and ran into a field. Their escape attempt was futile as they were nabbed and subsequently charged with a combined 27 counts.

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“We observed a yellow plastic lid fly from the bed of the truck, with more marijuana dispersing in the air, filling our vehicle with the distinct smell of fresh marijuana.” said a trooper

As troopers wrote in their report, “It should be noted that a plethora of similar B&E’s have occurred over the past few months; dispensaries were broken into by several males in a pickup truck that was stolen, vast quantities of marijuana were stolen, and then the suspects would flee.”

Read the rest of the story here @MLive.

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Traveling with Marijuana – Some things you should know

Traveling with Marijuana – Some things you should know

#1 Do not take it to Russia – Don’t want to have to trade you for an arms dealer!

#2 Do not take it abroad… anywhere!

Medical Marijuana is Legal in Many States

Did you know that 38 states, plus Washington, D.C., and three territories, allow people to possess marijuana for medical reasons? That means if you have a medical condition that can be treated with marijuana, you might be able to get it legally in many parts of the country.

Some States are Voting on Marijuana Legislation

In addition to the states that already allow medical marijuana, 13 more states are voting on whether to legalize it this year. That means even more people might be able to use marijuana legally in the future.

Marijuana is Still Illegal Under Federal Law

Even though many states allow marijuana for medical purposes, it’s still illegal under federal law. That means if you’re caught with marijuana, you could face serious consequences, like going to jail or having to pay a big fine.

Traveling with Marijuana Can Be Confusing

If you’re traveling from a state where marijuana is legal to one where it’s not, it can be hard to know what the rules are. For example, you might be able to use marijuana legally in your home state, but if you try to bring it across the border into another state, you could get in trouble.

What You Need to Know About Flying with Marijuana

If you’re flying within the United States, the Transportation Security Administration (TSA) allows you to bring products that contain up to 0.3 ounces of tetrahydrocannabinol (THC), which is the chemical in marijuana that makes you feel high. However, if you’re caught with any illegal substance during security screening, the TSA will refer the matter to law enforcement.

What You Shouldn’t Do

It’s important to remember that even though some states allow marijuana for medical purposes, it’s still illegal under federal law. That means you shouldn’t try to bring marijuana across the border into the United States from another country, and you shouldn’t try to bring it into a state where it’s illegal. If you’re caught, you could face serious consequences.

Airports Have Different Policies

When it comes to traveling with marijuana, different airports have different policies. Some airports, like Chicago’s O’Hare International Airport, have cannabis amnesty boxes where travelers can dispose of their weed before going through security. Other airports, like Los Angeles International Airport, allow individuals to comply with state marijuana laws without fear of arrest by airport police officers.

Local Governing Bodies Have Discretion

If the TSA refers you to local police for possessing marijuana, it’s up to the local governing bodies to decide whether or not to pursue action based on their laws.

Medical Marijuana is Treated the Same

If you have a medical marijuana card, the same TSA and CBP rules apply to traveling with marijuana. Marijuana and certain cannabis-infused products, including some Cannabidiol (CBD) oil, are still illegal under federal law. However, products with less than 0.3% THC on a dry weight basis or that are approved by the U.S. Food and Drug Administration are exempt.

Remember, it’s important to research the laws and policies of the airports and states you’ll be traveling through before bringing any marijuana or cannabis-infused products with you.

Hey TSA – What Can I Bring?

850 pound marijuana brownie
850 pound marijuana brownie

What can I bring? – Planning ahead and packing properly can facilitate the screening process and ease your travel experience at the airport. Know what you can pack in your carry-on and checked baggage before arriving at the airport by reviewing the lists below. Even if an item is generally permitted, it may be subject to additional screening or not allowed through the checkpoint if it triggers an alarm during the screening process, appears to have been tampered with, or poses other security concerns.

Read about civil penalties for prohibited items.

Marijuana / CBD Products?

Medical Marijuana

https://www.tsa.gov/travel/security-screening/whatcanibring/items/medical-marijuanaCarry On Bags: No. Checked Bags: No Possession of marijuana is illegal under federal law. TSA officers are required to report any suspected violations of law, including possession of marijuana.

Medical Marijuana | Transportation Security Administration

https://www.tsa.gov/travel/security-screening/whatcanibring/items/medical-marijuanaMarijuana and certain cannabis infused products, including some Cannabidiol…Medical Marijuana Carry On Bags: Yes (Special Instructions) Checked …

TSA Week in Review – June 11th – 17th | Transportation Security Administration

https://www.tsa.gov/blog/2018/06/27/tsa-week-review-june-11th-17th…baggage. A knife and a small bag of marijuana were discovered concealed under the…packed in checked luggage. As far as marijuana, TSA doesn’t have …

What Can I Bring? A-Z List | Transportation Security Administration

https://www.tsa.gov/travel/security-screening/whatcanibring/all-list…medical treatment Yes No Medical Marijuana Marijuana and certain cannabis infused…security officers do not search for marijuana or other illegal …

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UN opposes marijuana legalization in the US

UN opposes marijuana legalization in the US

The United Nations (UN) has long been a vocal opponent of drug use and trafficking, issuing various international drug control conventions that aim to prevent the spread of drug abuse worldwide. Recently, the UN has expressed concern about the growing trend of marijuana legalization in the United States, calling on the U.S. government to overturn its decision to legalize the drug.

Background on UN’s position on marijuana legalization

The UN has historically taken a hardline stance against drug use, including marijuana. This position is reflected in international drug control conventions, such as the Single Convention on Narcotic Drugs of 1961 and its later amendments, which aim to limit the production, sale, and use of drugs worldwide. The UN believes that drug use poses significant risks to public health and safety, as well as to social and economic development.

The legalization trend in US states

Despite the UN’s opposition to marijuana legalization, the drug has become legal for recreational use in 18 U.S. states as well as the District of Columbia. Additionally, medical marijuana is legal in 36 states. The trend towards legalization has been driven by changing attitudes towards marijuana and the potential economic benefits of a legal marijuana industry.

The impact of marijuana legalization on international drug policies

How US legalization affects international drug treaties

The UN’s drug control conventions are international treaties that have been ratified by most of the world’s nations, including the United States. The legalization of marijuana in the U.S. has raised questions about the country’s compliance with these treaties, and has sparked a debate over whether international drug policies need to be reevaluated to reflect changing attitudes towards marijuana.

Challenges for UN’s drug control efforts

Marijuana legalization in the U.S. presents a challenge for the UN’s drug control efforts, as it undermines the international consensus on drug policy. Some countries may see the U.S.’s decision to legalize marijuana as a green light to do the same, which could lead to an increase in drug use and trafficking worldwide.

The potential consequences of legalizing marijuana on public health

The debate over marijuana’s medical benefits and risks

Proponents of marijuana legalization argue that the drug has medical benefits, such as pain relief and anxiety reduction. However, opponents point to research indicating that marijuana use can have negative effects on health, including impairments in memory and attention, increased risk of mental illness, and decreased lung function.

Potential effects of marijuana use on mental health

Marijuana use has been linked to an increased risk of mental illness, particularly in young people. Studies have shown that marijuana use can trigger or exacerbate mental health conditions such as depression, anxiety, and psychosis.

The social and economic implications of the marijuana industry

How legalization affects drug-related crime rates

Legalization of marijuana has been linked to a decrease in drug-related crime rates, as law enforcement resources can be redirected away from non-violent drug offenses. However, opponents of marijuana legalization argue that the drug is a gateway to harder drugs and that its use could lead to an increase in crime.

Economic benefits and challenges for states with legal marijuana

Legalizing marijuana has potential economic benefits for states, such as increased tax revenue and job creation. However, the marijuana industry can also create challenges, such as ensuring safe production and preventing the drug from being sold to minors. Additionally, the legality of marijuana at the state level conflicts with federal laws, which creates uncertainty for businesses operating in the industry.

The role of the US government in international drug control efforts

Drug control efforts have always been a priority for the United States, as the country has been at the forefront of international drug control policies for over a century. The US government has played a crucial role in shaping global drug policies, including the United Nations’ drug control conventions.

The US’s historical involvement in international drug control

The US government has been actively involved in international drug control efforts since the early 20th century. The US played a leading role in the drafting of the 1912 International Opium Convention, which was the first international drug control treaty. The country also took a prominent role in the creation of the 1961 UN Single Convention on Narcotic Drugs, which remains the cornerstone of international drug control efforts.

How US drug policies affect other countries

US drug policies have significant implications for other countries, especially those that are heavily involved in the global drug trade. The US has been instrumental in shaping drug policies in other countries, often using its economic and political influence to promote the adoption of its policies. The country’s drug policies have also been criticized for their negative impact on drug-producing countries, where drug trafficking and violence are rampant.

UN’s recommendations for US drug policies

The United Nations has been urging the US to reform its drug policies to comply with international drug control treaties. In recent years, the UN has been particularly vocal about the need for the US to reconsider its marijuana legalization policies.

The UN’s stance on marijuana legalization

The UN’s position on marijuana legalization is clear: it is in violation of international drug control treaties. The UN’s International Narcotics Control Board (INCB) has been calling on member states to repeal laws that legalize marijuana since 2013. The INCB argues that marijuana legalization can lead to increased drug abuse and that it undermines international drug control efforts.

Recommendations for US drug policies to comply with international treaties

The UN has recommended that the US government repeal its marijuana legalization laws and strengthen its drug control policies to comply with international treaties. The UN has suggested that the US increase its efforts to prevent drug abuse, improve access to treatment for drug addiction, and enhance international cooperation to combat drug trafficking.

The response of US officials to the UN’s plea to reverse marijuana legalization

US officials have been largely dismissive of the UN’s calls to reverse marijuana legalization. Many officials argue that the legalization of marijuana is a matter of public health, and that states should have the right to regulate the drug as they see fit.

US officials’ reactions to the UN’s recommendations

US officials have criticized the UN’s stance on marijuana legalization, arguing that it fails to take into account the changing attitudes towards marijuana in the US. Some officials have also accused the UN of attempting to impose its drug policies on other countries.

The likelihood of US policy changes based on the UN’s statements

It is unclear whether the UN’s statements will have any impact on US drug policies. While the US is a signatory to international drug control treaties, it has often been criticized for failing to adhere to them. The legalization of marijuana at the state level is a clear example of the US’s willingness to flout international drug control treaties.

Conclusion and future outlook for drug policies in the US and globally

The ongoing debate over marijuana legalization and drug policies in the US highlights the challenges of balancing public health concerns with international obligations. As attitudes towards marijuana change in the US, it remains to be seen whether the country will continue to prioritize its own drug policies over international drug control treaties.

The potential impact of US drug policies on global drug control efforts

US drug policies have a significant impact on global drug control efforts. As the largest consumer of drugs in the world, the US’s policies can have far-reaching consequences on drug-producing countries, drug traffickers, and drug users. The US’s willingness to cooperate with other countries on drug control issues will be critical in shaping the future of global drug policies.In conclusion, the legalization of marijuana in the U.S. has raised concerns at the international level, particularly among UN officials who fear that it could undermine global drug control efforts. While the U.S. government has yet to reverse its policies, the debate over marijuana legalization and drug policies is likely to continue. As the U.S. navigates its changing drug landscape, it will be important to consider the impact of its policies on both domestic and international drug control efforts.

FAQ

Why is the UN concerned about U.S. marijuana legalization?

The UN is concerned that the legalization of marijuana in the U.S. could undermine global drug control efforts and violate international drug treaties. It is also worried about the potential public health risks associated with marijuana use.

What impact does U.S. marijuana legalization have on international drug policies?

The legalization trend in the U.S. has put pressure on international drug treaties, as countries that have legalized marijuana may be violating these agreements. This has prompted the UN to call for a review of these treaties and for countries to comply with their obligations under these treaties.

What are the potential consequences of legalizing marijuana on public health?

There is ongoing debate over the medical benefits and risks associated with marijuana use. While some studies suggest that marijuana can be used to treat certain medical conditions, there are concerns about the impact of marijuana on mental health, particularly among young people.

What is the role of the U.S. government in international drug control efforts?

The U.S. has historically been a leader in international drug control efforts, providing funding and support for these initiatives. However, the legalization of marijuana in the U.S. has put a strain on these efforts, as other countries may view the U.S. as not being committed to drug control.

Cannabis companies will progress despite surge in receiverships

Cannabis companies will progress despite surge in receiverships

Marijuana sales in Michigan hit record highs last year, with organizations profiting more than $221 million in the period of December 2022 alone as per a state report. Yet, as the developing industry keeps on evolving, a few organizations are starting to fall behind.

Last week, Skymint, one of the top marijuana producers in the state went into receivership in the wake of defaulting on a $127 million credit.

Receivership is an interaction where a court-selected official assumes control over a business to assist an organization with keeping away from liquidation.

“It’s just what happens sometimes in business. It’s a continuing evolution, It’s survivable. We have a case we have been working with that has gone into receivership and it is turning a corner and moving forward” said Attorney Michael Komorn of Komorn Law.

“There are a lot of roadblocks in the system such as banking, marketing, insurance, credit, landlords, etc. The fact that it is still a controlled substance is absurd. The state and feds are in control of both sides of the bridge. It will work itself out and the smart and strong will survive” Komorn stated.

Komorn Law specializes in cannabis business services as well as legal defense.

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Cannabis Regulatory Agency Report Links

Adult-Use Marijuana Licensing Reports

Medical Marijuana Licensing Reports

Monthly and Quarterly Statistical Reports

LARA Legislative Reports

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Skymint Hit with Lawsuit-Company in Receivership

Skymint Hit with Lawsuit-Company in Receivership

Dimondale-based cannabis company Green Peak Industries, which operates under the brand name Skymint, has been placed under the control of a receiver after a lender sued the company claiming it owes them more than $127 million.

The March 3 lawsuit, which also names Green Peak Industries subsidiaries District Bay LLC, The District Park LLC and GPIMD Corp., was filed by Canadian-based Tropics LP in Ingham County Circuit Court.

According to the lawsuit, the four companies “have borrowed more than $81 million” from Tropics since September 2021. They have been “chronically in default of their loan obligations” since “at least March 2022,” the lawsuit said.

The lawsuit alleges Green Peak Industries and its subsidiaries “lack sufficient cash to operate their business.”

Court records show an order to appoint a receiver was filed last week.

A message and email left Tuesday morning with Skymint Brands CEO Jeff Radway weren’t immediately returned, however, the company provided a statement.

Skymint “consented to enter a receivership with our primary lender to improve our balance sheet and financial position, while maintaining day-to-day business operations and preserving long-term growth potential,” the company said in an emailed statement. “The court-approved agreement will allow us to focus on our debt obligations to address the financial challenges facing many in Michigan’s cannabis industry, including excess supply, decreasing prices, limited access to capital and the increasing cost of capital.”

The company’s “sales and the wholesale per pound flower price has been declining at a rapid pace,” and a consulting firm’s review of its financials determined Green Peak Industries and its subsidiaries “were burning cash at the rate of $37.5 million per year or $3 million per month,” according to the lawsuit.

Tropics isn’t the only company suing Green Peak Industries.

In a concurrent lawsuit, New York investment firm Merida Capital Holdings filed a complaint in Oakland County Circuit Court alleging that Green Peak misrepresented its financial standing and was mismanaged, according to Crain’s.

Read More Here

Court Cases

Ingham County, Michigan – Court Record

Case Title: TROPICS LP vs THE DISTRICT PARK LLC et al et al
Case Number: 23-000149-CBJudge:JOYCE DRAGANCHUK
PLAINTIFF: TROPICS LP
DEFENDANT: THE DISTRICT PARK LLC
DEFENDANT: GREEN PEAK INDUSTRIES INC
DEFENDANT: DISTRICT BAY LLC
DEFENDANT: GPIMD CORP
Case Status: OPEN
Disposition: UNDISPOSED
File Date: 03/03/2023

Case Events

  • 8-03/09/2023NOTICE OF APPEARANCE AND REQUEST FOR SERVICE OF PAPERS W/ PS
  • 7-03/07/2023ACCEPTANCE OF RECEIVERSHIP APPOINTMENT (RECEIVERSHIP ESTATE)
  • 6-03/03/2023C30 ELECTRONIC SYSTEM FEE RECEIPT: 505386 DATE: 03/03/2023
  • 5-03/03/2023NOTICE OF ASSIGNMENT TO THE BUSINESS COURT
  • 4-03/03/2023NOTICE OF ASSIGNMENT TO THE BUSINESS COURT
  • 3-03/03/2023STIPULATION AND ORDER APPOINTING RECEIVER
  • 2-03/03/2023SUMMONS ISSUED
  • 1-03/03/2023COMPLAINT FILED RECEIPT: 505386 DATE: 03/03/2023

Oakland County Court

Case Number

2023-199132-CB

Entitlement GREEN SKIES HEALING TREE vs. GREEN PEAK INDUSTRIES INC

Judge Name MICHAEL WARREN

Case E-Filed YES Case Filed

03/06/2023 Case Disposed

00/00/0000

DateCodeDesc
03/09/2023REQREQUEST FILED ADD RECVR
03/09/2023APPAPPEARANCE FILED /NTC/RCVR
03/09/2023NTCNOTICE FILED RCVRSHOP/STAY
03/09/2023POSAFFIDAVIT/PROOF OF SERVICE FILED
03/09/2023MPSMIFILE PROOF OF SERVICE FILED
03/09/2023POSAFFIDAVIT/PROOF OF SERVICE FILED
03/09/2023APPAPPEARANCE FILED /GREEN PEAK/DIST BAY/DIST PARK/GPPIMD
03/09/2023MPSMIFILE PROOF OF SERVICE FILED
03/07/2023MPSMIFILE PROOF OF SERVICE FILED
03/07/2023APPAPPEARANCE FILED /PLF
03/06/2023SISUMMONS ISSUED
03/06/2023SISUMMONS ISSUED
03/06/2023CCOMPLAINT FILED /JD/NTC ASSIGN BUS CT
03/06/2023SISUMMONS ISSUED
03/06/2023SISUMMONS ISSUED
03/06/2023SISUMMONS ISSUED
03/06/2023SISUMMONS ISSUED
03/06/2023SISUMMONS ISSUED

Showing 1 to 18 of 18 records

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