Weeding the News – a breakdown of the month’s cannabis news, important events, and top-notch accounting tips – aims to entertain and inform you as we watch the cannabis industry transform before us.

What’s on the Docket

November 26, 2024/Volume 1, Issue 2

Following the recent election, there is a slew of news related to cannabis throughout the country. We cover the story of a Californian man who has been arrested for using a teenage accomplice to sell various drugs to minors. We’ll run you through some upcoming events, offer important tax info, and have another industry insider share their thoughts.

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Cannabis in Los Angeles and Beyond

Nebraskans voted to legalize and regulate medical cannabis. Read more.

Meanwhile, Floridians voted against an amendment that would have legalized recreational cannabis in their state. Read more.

However, Kentuckians largely supported medical cannabis ordinances. Read more.

South Dakotan voters were less kind to our favorite plant, shooting down a cannabis legalization initiative (for the 3rd time). Read more.

In Dallas, voters were again on the side of cannabis, approving a cannabis decriminalization proposition known as the “Dallas Freedom Act.” Read more.

And in Ohio, legislation has been introduced to ban “intoxicating” hemp products. Read more.

A reminder that January 1, 2025, is the last day the Department of Cannabis Control (DCC) can renew provisional licenses. Read more.

The new deadline, for the license and application records renewal payment is Monday, December 2, 2024, courtesy of the Department of Cannabis Regulation (DCR). Read more.


Got Tax?

FinCEN / Beneficial Ownership Information (BOI)

We are now offering FinCEN Beneficial Ownership Information Reporting (BOIR) services.

Reminder: The Corporate Transparency Act applies to all businesses. The due date for companies is 12/31/24.

Filed your Beneficial Owner Information Report yet? If not, contact us ASAP. Please don’t hesitate to call (818-225-8022) or email.

Upcoming Events

MJBizCon

The 13th annual MJBizCon is coming to Las Vegas, December 3-6. Cannabis professionals from all aspects of the industry will be present for forums, exhibits, and conferences.

Bruce and Thomas will be at the Association’s Day event on Monday 12/2. We’re attending the following evening events: the NACAT Pros event on 12/3, Tuesday night, and the Emjay Awards ceremony on 12/5, Thursday evening.

The Situation Report

On November 5th, cannabis businessman David Heldreth filed a lawsuit against the Department of Justice, imploring the federal court to stop a rescheduling process. Heldreth says there are many issues with how the DEA has carried on with its hearing to change cannabis to a Schedule III narcotic from a Schedule 1. Read more.

On November 6th, three people in Long Island, New York, were charged with criminal possession of cannabis after police allegedly found over 850 pounds of cannabis in the N.Y. apartment. Read more.

In Livermore, California, a man was arrested for allegedly using teenagers to sell various drugs at middle and high schools in the area. The drugs included nicotine vapes, cannabis vapes, and psilocybin-laced chocolates. Read more.

November 24th, in New Jersey, an Uber Eats driver called authorities when they noticed that the “burrito” they were set to deliver was giving off a distinct cannabis aroma. Lo and behold, when the police pried it apart, they indeed found over an ounce of cannabis. Read more (for the emoji-filled article).

Abroad

A man in Wales reported a missing bag (of drugs) and in doing so brought down a crime syndicate once it was found. Read more.

On November 20th, In Dovecot (a district in Liverpool, England), the strong odor of cannabis brought authorities to an apartment that had several cannabis plants, other drug paraphernalia, and several swords. Read more.

In Western Australia, authorities uncovered a cannabis operation worth around $700,000 sitting among a pumpkin patch. Read more.

Industry Insight: Home Cultivation

Joseph Ortiz Founder & CEO Private Caregivers Collective, LLC

Cannabis home cultivation offers individuals the opportunity to grow marijuana for personal use, a practice gaining traction due to increasing legalization across various regions. As demand for premium, locally grown cannabis rises, home cultivation provides cost savings and access to high-quality strains. The home grow market is booming, with a surge in equipment sales like grow lights, nutrients, and tents, projected to be valued at over $4 billion in the U.S. by 2030, according to Forbes.

Private Caregivers Collective logoWith evolving regulations and a growing DIY culture, cultivating cannabis at home not only empowers users but also reduces reliance on commercial supply chains. As consumer interest deepens, the home cultivation industry will continue to thrive.

Joseph Ortiz
Founder & CEO
Private Caregivers Collective, LLC

Year-End Planning

Entity Types and Tax Considerations for Cannabis Businesses

Year-End Business Review

As we enter the final quarter of the year, it’s an ideal time to evaluate your cannabis business structure and tax strategy. Two critical questions to consider:
1. Is your current tax filing method optimal for your business entity?
2. Does your entity structure provide appropriate legal protection?

Important Considerations
  • Entity changes are significant decisions with long-term implications
  • Annual switching between entity types is not permitted
  • Consult legal and tax professionals before making structural changes
  • Consider both immediate and long-term tax implications
  • Evaluate legal liability protection needs

Note: This should be taken as general information and should not be considered legal or tax advice. Consult qualified professionals for guidance specific to your situation.

Sole Proprietorship
  • Single owner business reported on personal tax return (Schedule C)
  • Net income subject to both self-employment and regular income tax
  • Losses can be carried forward or backward
  • Tax liabilities remain personal, potentially dischargeable in bankruptcy after specific time periods
  • Limited legal protection – personal assets at risk
Partnership
  • Requires a minimum of two partners
  • “Flow-through entity” – business reports activity, but partners pay taxes
  • Income/losses pass through to partners via K-1 forms
  • Each partner responsible for their share of tax liability
  • Partnership agreement crucial for defining responsibilities
Single Member LLC (SMLLC)
  • Not separately recognized by Internal Revenue Code
  • Default taxation: Schedule C if owned by an individual
  • If owned by C corporation, reported on corporate return
  • Offers legal protection while maintaining tax flexibility
  • Popular initial structure for licensing purposes
Multi-Member LLC
  • Flexible ownership structure
  • Tax treatment follows owner types
  • Active individual owners treated similarly to sole proprietors
  • Income/losses reported via K-1 forms
  • Maintains legal protection of LLC structure
S Corporation – Key Features:
  • Designed for small businesses
  • Shareholders limited to individuals
  • Income/losses pass through via K-1 forms
  • Must pay reasonable shareholder wages
  • Special considerations for the cannabis industry:
    • Potential double taxation on officer wages
    • Expense limitations for 2%+ owners
C Corporation
  • Separate tax-paying entity
  • No restrictions on shareholders
  • Flat 21% federal tax rate
  • Business tax liabilities don’t transfer to shareholders
  • Particularly advantageous for cannabis businesses due to liability protection
Scenario 1: SMLLC Adding Investors
  • Initial setup: single-member LLC
  • Goal: add multiple LLC investors
  • Required Action: convert to partnership LLC
  • Process: file notification with IRS
Scenario 2: Converting to S Corporation
  • Initial setup: standard corporation
  • Goal: small business tax treatment
  • Required Action: file S corporation election
  • Note: Late elections possible with current year’s effective date
  • Requirement: all shareholders must agree
Scenario 3: S Corporation to C Corporation
  • Initial setup: S corporation
  • Goal: C corporation treatment
  • Required Action: revoke S election
  • Timing: Effective from election date
  • Requirement: Unanimous shareholder approval

Much-Needed FAQs

Instead of answering questions that have been asked all the time, we offer a few questions that should be asked. If asked, the questions would save you a lot of time and trouble. Trust us.

A: To obtain a copy of your IRS transcripts, you have several options (that will cost nothing, too).

  1. Online: Visit the IRS website (www.irs.gov) and use the “Get Transcript” tool. You can view and download your transcript immediately after verifying your identity.
  2. Phone: Call the IRS automated phone transcript service at 800-908-9946 to request a transcript be mailed to you.
  3. Mail: Complete and submit Form 4506-T or Form 4506T-EZ to request a transcript by mail.
  4. Mobile App: Use the IRS2Go phone app to order a transcript.

A: With our recent activities, audits, and involvement with the IRS / BSA audits, we’ve determined that the IRS / BSA is interested in the cannabis industry.

Effective January 1st, 2024, generally, all 8300 filings must be electronic. Additionally, be aware that there are special year-end considerations for reporting 8300s issued during the year.