Volume 1, Issue 12

The Newsletter’s Aim

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.

The information contained in Weeding the News issues is provided for informational purposes only and should not be construed as tax or legal advice.

Hot Off the Press

Posted 5/5/25 at 5:57 PM PDT.

Legislative Update: AB 564 Advances in California’s Cannabis Industry

AB 564 recently passed the California Assembly Tax & Revenue Committee, marking a key step toward preventing the scheduled excise tax increase from 15% to 19% on July 1, 2025. Authored by Assemblymember Matt Haney, the bill aims to ease the tax burden threatening many cannabis businesses statewide.

Next steps include a full Assembly vote, Senate committee review, and, if approved, the Governor’s signature. Without an urgency clause, the bill would take effect January 1, 2026.

This legislation could stabilize the market by reducing tax pressures that have forced many operators out of business. Investors, CxOs, and compliance professionals should monitor AB 564 closely, as it may significantly impact California’s cannabis tax and regulatory landscape.

Special thanks to Assemblymember Haney, Kristin Heidelbach of UFCW Western States Council, and all advocates supporting this effort.

A wide digital illustration blending Japanese and Hawaiian themes for 'WeedingTheNews.com.' Mount Fuji and a red torii gate rise in the background, surrounded by cherry blossoms and lush tropical hibiscus flowers. In the foreground, a cannabis leaf-embossed book and scroll rest on a woven mat, symbolizing knowledge and advocacy.

© 2025 BTA Corp. All rights reserved.

AAPI Heritage Month & the Cannabis Industry: Honoring Roots, Shaping the Future

May marks Asian American and Pacific Islander (AAPI) Heritage Month, a time to recognize the diverse cultures, contributions, and resilience of AAPI communities across the United States. From early immigrants who helped build America’s railroads and agricultural backbone to modern leaders in medicine, technology, and entrepreneurship, the AAPI legacy is woven into the fabric of American progress.

In the cannabis industry, AAPI representation continues to grow—though not without challenges. Historically underrepresented due to cultural stigma, immigration barriers, and criminalization, AAPI entrepreneurs, researchers, and advocates are now helping redefine cannabis in business, science, and policy. From cannabinoid research to retail ownership and social equity advocacy, AAPI voices are vital to an inclusive and global cannabis future.

A proud and professional group of four Asian American and Pacific Islander individuals stands in front of a vibrant cannabis farm. The group includes a Japanese woman in a tailored blazer, a Hawaiian man wearing an aloha shirt, a Samoan man in traditional attire, and a Guamanian woman with island-inspired accessories. They smile confidently, reflecting unity, culture, and cannabis industry representation.

© 2025 BTA Corp. All rights reserved. AI-generated.

What’s on the Docket

A new bill in Congress would remove restrictions preventing the White House’s drug policy office from supporting or sponsoring cannabis research. Congress is considering bipartisan bills that would mandate the automatic sealing of certain non-violent federal cannabis convictions.

A Florida House panel has unanimously approved a bill that would provide free medical marijuana cards for military veterans. Texas police are looking for a man who put a new spin on the traditional Easter egg hunt. In honor of AAPI Heritage Month, we hear from a distinguished industry insider on Asia’s role in cannabis.

Special Announcement

We are proud to announce that BTA Cannabis CPA Tax, a practice area of the Andersen CPA Firm, has entered an Official Brand Partnership with Fat Nugs Magazine. We have been long-time fans of what Dustin Hoxworth and company have been doing, and we look forward to collaborating more closely. Stay tuned for more developments.

BTA Cannabis CPA Tax logonalongside Fat Mugs Magazine's logo

Cannabis in Los Angeles and Beyond

Los Angeles’ Department of Cannabis Regulation announced that the 2025 Phase 3 Retail Round 3 Application Lottery for Social Equity Individual Applicants (SEIAs) will occur in early December 2025. Registration is open from September 9 to September 16, 2025. Read more on the Los Angeles Department of Cannabis Regulation.

Three LA dispensaries—3C Cannabis, Benzeen, and Rebud—are redefining retail with themed shopping, blockchain loyalty programs, and local events. Read more on EIN PressWire.

Hawaiian advocates of HB 302, a medical cannabis expansion bill, are withdrawing their support after a conference committee added restrictive changes, such as limiting approved conditions by a “primary treating medical provider.” Read more on Marijuana Moment.

A close-up photograph of a vibrant cannabis plant with dense, crystal-covered buds and lush green leaves in the foreground. In the background, a Hawaiian flag is partially visible, along with a vivid tropical sunset scene featuring palm trees silhouetted against an orange sky.

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Noa Botanicals has opened its fourth medical marijuana dispensary in Waikiki. This expansion builds on its existing locations in Honolulu, Kāneʻohe, and ʻAiea. Read more on BizJournals.

Louisiana lawmakers are eyeing a bill (HB627) that would create a recreational cannabis pilot program. State Representative Candace Newell says she’s “looking at another revenue source” in her state. Read more on KLFY.

Oklahoma Governor Kevin Stitt has called for a cross-agency effort to protect his constituents from psychoactive marijuana byproducts, calling them a threat to the public’s health and safety. Read more on the Marijuana Herald.

Florida bill HB 555, which makes medical marijuana cards free for military veterans, has been unanimously approved by the Florida House of Representatives. Read more on Marijuana Moment.

An overhead image displaying various Florida medical cannabis products on a wooden surface. Items include a green cannabis leaf, a glass jar filled with cannabis buds, four pre-rolled joints, a dropper bottle of cannabis oil, and a prescription bottle containing green softgel capsules. At the top, bold green text reads 'FLORIDA MEDICAL CANNABIS.'

© 2025 BTA Corp. All rights reserved.

Trulieve, Florida’s largest medical cannabis company, contributed $19.6 million in early 2025 to the Smart & Safe Florida committee, aiming to place a revised recreational marijuana amendment on the 2026 ballot. Read more on WUSF.

Pennsylvania’s push to legalize recreational cannabis is gaining bipartisan momentum as lawmakers proposed a bill to privatize dispensaries to win GOP votes, aiming to close a budget gap and recapture tax revenue. Read more on Axios

Maryland cannabis sales last month came in at $98 million, for a total of over $280 million since January. Read more on the Marijuana Herald.

New York’s legal cannabis market has surpassed $1 billion in sales within its first two years, with over 260 dispensaries now operating statewide. Prices are dropping, competition is intensifying, and projections suggest sales could reach $1.5 billion in 2025. Read more on Spectrum News.

Two House representatives have introduced the Evidence-Based Drug Policy Act of 2025, which would grant the White House Office of National Drug Control Policy (ONDCP) the ability to finance and possibly sponsor research related to medical and adult-use cannabis. Read more on Cannabis Business Times.

A congressional panel of five diverse U.S. lawmakers—three men and two women—debate cannabis law reform at a formal hearing. They sit behind a wood-paneled dais with microphones and documents, framed by an American flag, a federal eagle seal, and a large sign reading “CANNABIS LAW REFORM” with a green cannabis leaf graphic.

© 2025 BTA Corp. All rights reserved. AI-generated.

Another set of bills, the Clean Slate Act and the Fresh Start Act, have been put forward in Congress to seal specific non-violent federal marijuana offenses, as well as helping states remove records for comparable convictions. Read more on Marijuana Moment.

It’s estimated that legal cannabis sales could surpass $123 billion this year, an increase of about 9% from 2024. Read more on MjBizDaily.

A folded newspaper titled 'CANNABIS NEWS ABROAD' lies on a wooden surface. Below the headline is a grayscale world map and a large cannabis leaf, both featured prominently. The layout mimics a traditional newspaper, with mock text columns giving it a realistic and professional appearance.

© 2025 BTA Corp. All rights reserved.

Abroad

Cannara Biotech achieved record Q2 2025 results with $36.8 million in gross revenue and $26.6 million in net revenue, marking its strongest quarter to date. The company attributes this growth to increased cannabis sales and expanded market share across Canada. Read more on StratCann.

The Cannabis Council of Canada is urging Prime Minister Mark Carney’s minority Liberal government to pass policy changes supporting the country’s struggling legal cannabis industry. Read more on MjBizDaily.

Israel plans a 165% tariff on Canadian cannabis, sparking concern among patients and stakeholders. Aimed at curbing product dumping, the tariff may hinder access to medical cannabis and disrupt the market. Read more on Business of Cannabis.

Slovenian lawmakers have introduced legislation that would legalize cannabis for medical and scientific use. Read more on Leafie.


Got Tax?

Tax Strategy: Using IRC §471(c) to Offset the Pain of IRC §280E

Cannabis operators know the sting of IRC §280E—a provision that denies deductions for most business expenses due to cannabis’s Schedule I classification. The result? Effective federal tax rates often soar past 70%.

But there’s a strategic workaround that can soften the blow: IRC §471(c).


What is IRC §471(c)?

Enacted under the 2017 Tax Cuts and Jobs Act, §471(c) allows small businesses (with under $29 million in average gross receipts) to adopt nontraditional inventory accounting methods—as long as they align with their financial reporting.

This opens the door to legitimately increase COGS.


How It Helps Cannabis Businesses

Under a §471(c) method, cannabis businesses may: reclassify inventory related payments to COGS. Examples are:

  • Rent and utilities
  • Inventory-related wages
  • Depreciation and amortization
  • Other direct costs

Key Considerations

  • This strategy does not eliminate §280E—it mitigates its impact
  • Requires a documented accounting procedures which is consistent with the financial reporting for the company
  • IRS scrutiny is increasing—conservative, consistent application is critical
  • Not suitable for all cannabis businesses—consult your cannabis CPA before attempting to implement.

Bottom Line

If you’re eligible under §471(c), this tax strategy may significantly improve your federal tax posture. With the proper guidance and implementation, it can be  a powerful lever to legally reduce your tax burden.

Disclaimer: This is not a simple tax strategy. Seek advice from a tax professional before implementing.


A Cannabis event with tents and many people milling around

© 2025 BTA Corp. All rights reserved.

Upcoming Events

Representatives from Cannabis CPA Tax will be attending these events.
Say hi… we’d love to chat.

California State Fair Cannabis Awards
Sacramento, CA, Jul 11–27, 2025.
The 2025 CA State Fair Cannabis Awards continues to celebrate California’s cannabis industry with a competition format.
The awards competition is open to all licensed California cannabis cultivators and manufacturers.
Tickets are $25 for a one-day pass valid anytime during the California State Fair.

Nationwide Tax Forum
San Diego, CA., Sep 16 – Sep 18
While not specifically about cannabis, this is a great event if you are in the tax business and are looking at attracting more customers, bolstering your productivity, and achieving a better work-life balance.

May

NCIA Stakeholder Summit Series

Washington, D.C., May 13-15
Further, the NCIA will be hosting its 13th Annual Cannabis Industry Lobby Days, a premier advocacy event, as well as its stakeholder summit series.

Elevate 2025

May 14-15
Log in for a two-day virtual event with a series of illustrious speakers that can help you improve your accounting firm.

Cannabis Drinks Expo

Chicago, IL, May 22-23
Hosted by the Beverage Trade Network, this event is the largest gathering of cannabis beverage professionals. Drink producers, manufacturers, brand owners, distilleries, and brewers convene at this expo and brand conference.

June

CMB Expo

NY, New York City, Jun. 4-5
Cannabis Means Business—Conference & Expo: featuring speakers, exhibits, networking, and more.

Benzinga Cannabis Capital Conference ‘25

Chicago, IL, Jun. 8-10
The Windy City will hold a conference helping cannabis entrepreneurs raise capital, seal deals, and forge partnerships.

July

Nationwide Tax Forum

Chicago, IL, Jul. 1-Jul 3
New Orleans, LA, Aug. 5-Aug. 7
Orlando, FL, Aug. 26-Aug. 28
Baltimore, MD, Sep. 9 – Sep. 11
San Diego, CA., Sep. 16 – Sep. 18
While not specifically about cannabis, this is a great event if you are in the tax business and are looking at attracting more customers, bolstering your productivity, and achieving a better work-life balance.

November

Business of Cannabis – New York

New York City, NY, Nov. 6
The most influential leaders in policy, business, retail, and finance will come together in this conference to focus on the new capital of cannabis.

Events Abroad

If your travels take you abroad, we recommend attending these events hosted by our colleagues.

CannaPortugal 2025
Portugal, Lisbon, May 16-17
Designed to raise awareness and promote cannabis globally, with a focus on Portuguese-speaking countries. Ideal for expanding your network and learning about developments in cannabis science, innovation, sustainability, and more.

May

The Cannabis Expo

South Africa, Johannesburg, May 30-Jun. 1
Don’t miss this global marketplace for education, new products, and businesses for the cannabis industry, from medicine to agriculture, finance, and lifestyle

Cheeba Cannabis Cultivation Summit

South Africa, Johannesburg, May 30-31
Enjoy a series of cultivation-related discussions.

Buds & Beats Festival

Zurich, Switzerland, May 31
Product stands, games, food and beverages, and music will be on offer at this cannabis music festival. In conjunction with the Buds & Beats festival is the CannaTrade B2B Barbecue, held the day before.

June

GreenTech Amsterdam

Netherlands, Amsterdam, Jun. 10-12
Take a trip to the land of tulips and windmills for a meeting point for horticultural professionals, with an emphasis on cannabis. Featuring exhibits, networking, and chances to learn about horticultural innovations.

22nd EIHA Conference & Experience Hemp

Berlin, Germany, Jun. 11-13
Achtung, baby, this conference and expo will feature research developments, expert speakers, networking opportunities, and more.

CB Club Berlin

Berlin, Germany, Jun. 18
Enjoy this gathering of leading cannabis companies, with opportunities to network, learn from esteemed speakers, and relax.

Mary Jane

Berlin, Germany, Jun. 19
Check out this trade show that’s also the world’s largest cannabis event, with lectures, exhibits, music, networking, and more.

CannMed 25

Rio Grande, Puerto Rico, Jun. 17-20
An innovation and investment summit, featuring thought leaders in cannabis science, medicine, cultivation, and safety testing.

Cannabis Europa

London, England, Jun. 24-25
A boutique industry expo, featuring over 40 of the leading cannabis businesses in Europe.

August

CANNAFAIR NRW

Düsseldorf, Germany, Aug. 8-10
Relax as you take in this cannabis trade fair, with various cannabis-related products and services to explore.

ACannabis

Melbourne, Australia, Aug. 11th
The 6th annual conference for the medical cannabis industry; discussion will be held on cultivation, manufacturing, products, and patients. Key members of the cannabis community, including policymakers, regulators, researchers, and more, will be attending.

September

InterTabac | CB Expo

Dortmund, Germany, Sept. 18-20
A conference featuring established and nascent brands, showcasing various products and services, as well as lectures and networking opportunities.

PTMC – Portugal Medical Cannabis

Lisbon, Portugal, Sept. 25-26
The 7th edition showcases a forum for cannabis professionals, policymakers, regulators, lawyers, and more.

October

Cultiva Hanfexpo

Vienna, Austria, Oct. 3-5
Another cannabis trade fair, with global exhibitors, music, and a “hemp congress” that will educate attendees about the various aspects of hemp.

November

Asia International Hemp Expo & Forum

Bangkok, Thailand, Nov. 5-7
An expo and forum showcasing the newest in hemp technology, materials, and equipment, aiming to facilitate the establishment of production bases in Thailand.

A 3D-rendered cartoon-style image features three smiling men with exaggerated expressions standing around a large potted cannabis plant. One man smokes a joint, another is in handcuffs, and the third laughs while holding the plant. A stern police officer stands behind them, arms crossed, in a softly lit, neutral-toned room.

© 2025 BTA Corp. All rights reserved.

The Situation Report

Texas police are searching for a man who allegedly threw a scavenger hunt of cannabis-filled Easter eggs throughout Lufkin, a city in East Texas. Read more on the Austin American-Statesman.

Two students in Vermont have been arrested for allegedly stealing $30,000 in property, or 15 pounds of cannabis, from a cultivation farm. The pair was caught on a neighbor’s game camera making their way to the farm. Read more on WCAX.

Jacinto Correa Cruz, 56, was sentenced to five years in federal prison for his role in a large-scale illegal cannabis cultivation operation in California’s Los Padres National Forest. The operation caused significant environmental damage. Read more on the US DOJ website.

A group of Alabama parents is suing the state for what they say is a delay in the state’s medical cannabis registry, as the state’s medical cannabis law was passed four years ago. Read more on ABC3340.

In Colorado, the six leaders of a Denver gang have been sentenced for a series of dispensary robberies. Several of the criminals posted pictures on social media brandishing guns and wads of cash they stole, sometimes in the same outfits they wore to the burglaries. Read more on CBS News.

A hyper-realistic bronze statue of Lady Justice stands blindfolded, holding a scale with cannabis leaves balanced on each side. She grips a staff topped with a cannabis leaf, and lush cannabis plants fill the softly lit background, blending classical symbolism with modern cannabis justice themes.

© 2025 BTA Corp. All rights reserved.

Abroad

Hong Kong Police have arrested nearly 100 people in a citywide drug trafficking clampdown; among the arrests was a 13-year-old. Read more on SCMP.

Police in the Avon and Somerset region of the U.K. have been advised to stop using the smell of cannabis as a pretext for stop and search. Read more on Leafie.


Industry Insight: Takuya Aiuchi on Japan’s CBD Evolution

Image of Takuya Aiuchi, provided by Takuya Aiuchi

Image provided by Takuya Aiuchi

Takuya Aiuchi, founder of CBD Library and Kyoto Asanoha, is a leading figure in Japan’s hemp and medical cannabis space. As the founder of CBD Library — one of Japan’s largest CBD resources and cannabinoid education platforms—he is dedicated to demystifying hemp-derived wellness products and advocating for responsible access.

Through articles, product curation, and global advocacy, Aiuchi promotes awareness of cannabinoids’ therapeutic potential and Japan’s role in shaping cannabis policy in Asia. When asked about the Japanese CBD market, he had this to share:

“Japan’s CBD market has entered a pivotal phase in 2024, with new THC residue limits introduced:
• Oils & powders: 10 ppm (0.001%)
• Aqueous solutions: 0.1 ppm (0.00001%)
• Others: 1 ppm (0.0001%)

While some brands may exit due to these strict rules, clearer standards could build real consumer trust and push the industry forward. Japan’s reputation for quality in food and cosmetics may eventually give ‘Made in Japan’ CBD products a competitive edge in Asia. Turning regulation into strength — that’s our mission.”

Two logos: on the left is the CBD Library logo and on the right is the Kyoto Asanoha logo


A professional 2D digital image of a cannabis job board website interface. It features a large 'CANNABIS JOB BOARD' heading, a search bar, and dropdown filters for location, category, and date posted.

© 2025 BTA Corp. All rights reserved.

Jobs


Job TitleGeneral Manager
Location: Lowell, MA
Salary: $60,000 – $85,000
The Cannabist Company is one of the largest, fully integrated operators in the U.S., operating in 16 markets across the country.
Requirements:
Not specified.
Ideal candidates will have 5+ years of experience with 1-2 years of cannabis experience.
Benefits: Medical, dental, vision, PTO plans, and a 401K with a company match for all full-time employees.


Job TitleOperations Manager
Location: Warwick, RI
Salary: Not provided.
Green Thumb Industries Inc. is a national cannabis consumer packaged goods company and retailer, promoting well-being through the power of cannabis while giving back to the communities in which it serves.
Requirements:

  • Bachelor’s Degree in Engineering or Business required
  • 5+ years of management experience in a manufacturing environment; direct management of 30+ individuals in a manufacturing setting required.
  • Have a solid understanding of the Medical Marijuana laws, rules, and regulations set forth by the state; a pursuit to further their understanding and knowledge of the industry and the laws
  • Must pass any and all required background checks

Ideal candidates will possess high levels of critical thinking and have exemplary communication and interpersonal skills.


Job TitleHead Grower (Senior Manager, Cultivation)
Location: Lakeville, MA
Salary: Not provided.
Jushi Holdings, Inc. strives to be a world-class leader in cannabis and hemp. Their mission is to create an integrated global community of wellness, mindfulness, and connections through superior quality.
Requirements:

  • 5+ years of commercial cannabis cultivation experience, including leadership roles.
  • Strong understanding of plant science, integrated pest management, fertigation systems, and environmental controls.
  • Strong understanding of plant science, integrated pest management, fertigation systems, and environmental controls.
  • Familiarity with state cannabis regulations, seed-to-sale tracking systems, and compliance standards.

Ideal candidates will have a degree in horticulture, plant science, agronomy, or a related field and excellent organizational, problem-solving, and communication skills.
Benefits: May include medical, dental, vision, life, short- and long-term disability, flexible spending accounts, paid time off, paid holidays, and 401(k).


Magic 8 ball sitting on a table, with the word, Deductions sitting on the option.

© 2025 BTA Corp. All rights reserved.

Non-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.

A1: What is the TFRP? Trust Fund Recovery Penalty (TFRP)

  • A 100% penalty on unpaid payroll “trust fund” taxes (employee income tax withholding + Social Security/Medicare taxes).
  • Applies when withheld taxes aren’t remitted to the IRS.
  • Penalty equals the amount of unpaid trust fund taxes, plus interest.

Who Can Be Held Responsible?

  • Any “responsible person” with control over payroll tax decisions, including:
    • Owners, officers, directors
    • CFOs, controllers, payroll managers, bookkeepers
  • Multiple individuals can be jointly liable for the full penalty.

What Triggers the Penalty?

  • Willful failure to pay payroll taxes on time.
  • Using withheld taxes for other expenses (e.g., rent, inventory).
  • Ignoring or disregarding payroll tax obligations.

Why Cannabis Companies Should Care

  • Industry faces high IRS scrutiny due to cash-heavy operations and regulatory complexity.
  • Section 280E limits deductions, tightening cash flow-making tax compliance critical.
  • Personal liability risk for executives and investors despite corporate structure.
  • Non-compliance can lead to liens, levies, and personal asset seizures.

How the IRS Enforces TFRP

  • Investigates unpaid payroll taxes and interviews responsible persons (Form 4180).
  • Issues Letter 1153 to notify of penalty and appeal rights.
  • Aggressive collection actions if unresolved.

How to Protect Your Business & Yourself

  • Always remit payroll taxes on time and in full.
  • Use reliable payroll systems with compliance tracking.
  • Assign clear responsibility for payroll tax management.
  • Never use withheld payroll taxes for other business expenses.
  • Stay vigilant-regularly review payroll tax status.

Bottom Line:

The TFRP can hit cannabis company leaders and investors personally with massive penalties. In a high-risk, cash-intensive industry, strict payroll tax compliance is essential to avoid devastating financial and legal consequences.

A2: When you receive an Information Document Request (IDR) from the IRS, it means the IRS is conducting a tax audit and needs additional documents or information to verify details on your tax return. Here is what you should do:

  • Read the IDR Carefully
    Open the letter promptly and thoroughly review the IDR (usually IRS Form 4564) to understand exactly what documents or information the IRS is requesting. The IDR will specify the types of records needed, such as bank statements, receipts, invoices, pay stubs, or other financial documents related to your tax return.
  • Gather the Requested Documents
    Collect all relevant documents that correspond to the IRS’s request. Organize them clearly and systematically to make it easy for the IRS agent to review. Only provide the information requested-do not send extra unrelated documents.
  • Prepare Accurate and Complete Responses
    Ensure your responses are complete, accurate, and truthful. If you are unsure about how to respond or what to provide, consider consulting a qualified tax professional or tax attorney who can help you interpret the request and respond appropriately.
  • Submit Your Response by the Deadline
    Follow the instructions on the IDR for how and where to submit your documents. Some IDRs allow electronic submission, others require mailing or delivering documents at an appointment. Meeting the deadline is crucial to avoid further IRS action.
  • Keep Copies of Everything
    Make and keep copies of all documents you send to the IRS for your records. This will be important if there are any questions or disputes later.

What Happens If You Don’t Respond?

Ignoring an IDR can lead to serious consequences, including the IRS issuing a summons to compel you to provide the information. Failure to comply with a summons can result in court appearances and potentially criminal charges. The IRS typically sends a delinquency notice and a pre-summons letter before issuing a summons, so responding promptly can help you avoid escalation.

After You Respond

Once you submit the requested information, the IRS will review it as part of the audit. The audit may conclude if the IRS is satisfied, or they may request additional information. Ultimately, the audit results in one of three outcomes: no change to your return, agreed changes, or disagreements that may lead to appeals.

Summary:

  • Open and read the IDR immediately
  • Understand and gather the requested documents
  • Provide accurate and complete information only as requested
  • Submit your response by the deadline following IRS instructions
  • Keep copies of everything you send
  • Consider consulting a tax professional for assistance
  • Responding promptly helps avoid summons and further penalties.

This approach ensures you comply with IRS audit procedures and helps protect your rights during the process.

A3: Short Answer: No, cannabis businesses cannot write off entertainment expenses-or most other ordinary business expenses-on their federal tax returns due to Internal Revenue Code Section 280E.

General Business Rules (Non-Cannabis Businesses):

  • For most U.S. businesses, the Tax Cuts and Jobs Act (TCJA) eliminated deductions for entertainment expenses starting in 2018. This means that expenses for entertaining clients (e.g., concert tickets, golf outings) are generally not deductible, even if business is discussed.
  • Some meal expenses remain partially deductible (typically 50%), and certain company-wide events may be 100% deductible.
  • Entertainment expenses are only deductible in rare cases, such as when they are included as taxable employee compensation.

Cannabis Industry Rules:

  • Under IRC Section 280E, businesses that “traffic” in Schedule I or II controlled substances-including cannabis (still federally classified as Schedule I)-are prohibited from deducting ordinary and necessary business expenses.
  • This includes all typical operating costs: salaries, rent, advertising, meals, and entertainment. The only federal deduction allowed is for cost of goods sold (COGS), which covers direct expenses related to producing or acquiring cannabis inventory.
  • Specifically, entertainment expenses-whether for clients, employees, or promotional purposes-are never deductible for cannabis businesses under current federal law.

State-Level Exceptions:

  • Some states have “decoupled” from Section 280E, allowing cannabis businesses to deduct ordinary and necessary business expenses (including entertainment) for state income tax purposes. However, these deductions are not allowed on federal tax returns.

Summary Table: Expense Deductibility

Expense Type Non-Cannabis Businesses Cannabis Businesses (Federal)
Entertainment Not deductible (with rare exceptions) Not deductible (barred by 280E)
Business Meals 50% deductible (some exceptions 100%) Not deductible (barred by 280E)
Cost of Goods Sold Deductible Deductible

Key Takeaways for Investors, CxOs, and Compliance Professionals

  • No federal deduction for entertainment expenses in the cannabis industry while cannabis remains a Schedule I or II controlled substance.
  • Only Cost of Goods Sold is deductible at the federal level.
  • Some states may allow broader deductions, but these do not affect federal tax obligations.
  • Monitor ongoing federal rescheduling efforts: If cannabis is reclassified to Schedule III, Section 280E restrictions may be lifted, potentially allowing ordinary business expense deductions in the future.

Bottom Line:

Until federal law changes, cannabis businesses cannot write off entertainment expenses. Compliance with Section 280E is critical to avoid severe tax penalties and ensure ongoing business viability.