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That is an interesting development. Thanks rfenst

Reclassifying Marijuana Could Unlock Billions in Tax Savings for Cannabis Companies
Proposed change could lift income-tax burden that wipes out most licensed marijuana retailers’ earnings


WSJ
Many U.S. cannabis businesses could become profitable for the first time if the Biden administration follows through on its plan to reclassify marijuana as a less dangerous drug.

That is because the change could lift a heavy income-tax burden: Section 280E of the federal tax code currently bars cannabis businesses from claiming deductions on many basic business expenses. That rule often results in an effective tax rate of 70% or more, wiping out most licensed marijuana retailers’ earnings.

“It’s an absolute game-changer,” said Boris Jordan, executive chairman of Curaleaf Holdings, which operates 145 dispensaries and 19 cultivation sites across the U.S. “It’s something we’ve been waiting for, for the better part of 10 years.”

The proposed rule could take months to complete and could be further stalled by lawsuits. The public, including state regulators and marijuana companies, would have a chance to comment and the White House would have to sign off on a final version of the rule before it could go into effect.

Marijuana is legal in some form in 40 states and the District of Columbia, but is illegal under federal law—and would remain so even if the Drug Enforcement Administration moved marijuana from Schedule I to the less-restrictive Schedule III, equivalent to prescription medications such as anabolic steroids and some combinations of acetaminophen and codeine.

Cannabis businesses would still have to contend with limited access to banking services and financing. They still wouldn’t be allowed to transport marijuana across state lines. And companies that sell marijuana in the U.S. still couldn’t be traded on U.S. stock exchanges. (Several Canadian operators are listed on U.S. exchanges while U.S. operators are listed on Canadian exchanges.)

A national survey conducted in 2022 by Whitney Economics, a cannabis industry research firm, found that fewer than 25% of cannabis businesses were profitable. Licensed U.S. cannabis companies this year are expected to make $31.4 billion in sales and pay $2.3 billion more in federal taxes than they would under normal business tax rules, according to Whitney Economics forecasts.

For companies that have been hanging on in hope of one day making it into the black, the policy change could be transformative. Business leaders said they could use the cash to invest more in marketing, offer better benefits to employees and expand into newly opened markets such as Ohio. Industry leaders said they are also optimistic that the policy shift could reduce the stigma around cannabis, bring more investors into the sector and make federal lawmakers more open to legalizing marijuana.

Congress created Section 280E of the tax code in 1982, when Sen. Bill Armstrong (R., Colo.) tucked the provision into a larger bill as the federal War on Drugs was ramping up.

Cresco Labs CEO Charlie Bachtell, center, said the company has paid millions more in U.S. federal taxes than it would have under normal business conditions. PHOTO: DANIEL ACKER/BLOOMBERG NEWS
The law denies many ordinary deductions and tax credits to businesses that are “trafficking in controlled substances” listed under Schedule I and II.

When marijuana was illegal at the federal and state levels, that deduction limit had a relatively small impact, and it mostly gave U.S. authorities an additional tool to go after drug dealers and impose taxes on top of criminal prosecutions. But state legalization combined with Section 280E created an odd hybrid. The cannabis industry looked like regular businesses in many respects—except for the income-tax bills.

“Draconian, I think, is putting it lightly,” said Charlie Bachtell, chief executive of Cresco Labs, which has dispensaries and production facilities across eight U.S. states. For each of the past two years, Cresco has paid between $70 million and $80 million more in U.S. federal taxes than it would have under normal business conditions, he said. Despite the hefty tax bill, Cresco in the last quarter of 2023 became free cash-flow positive for the first time since it went public in 2018.

The cannabis industry has “really been kind of stumbling its way forward because of the economic burdens of 280E,” said Brian Vicente, a cannabis lawyer in Denver.

The current tax rules allow cannabis businesses to deduct their cost of goods sold, so growers that put most of their resources into production don’t get hit hard. Businesses closer to the consumer get hammered by Section 280E. For instance, a retailer selling clothes or food can deduct rent, marketing and wages when calculating taxable income. But a cannabis retailer typically can’t take any of those deductions.

“It’s impossible to make those numbers work,” said Wanda James, CEO and co-founder of Simply Pure Brands, which has a dispensary in Colorado and a new branch about to open in New Jersey. “It’s just a question of how long is your runway.”

James, a former Navy officer, restaurateur and political organizer, was among the first Black cannabis licensees in Colorado. She said the tax change could lower the barriers to entry for women, people of color and veterans, many of whom have struggled to keep their cannabis businesses afloat after winning state lotteries for social-equity licenses.

The tax change could also shrink the gap in profitability between legal and illegal cannabis businesses, helping licensed businesses that have struggled to compete with the black market. Unlicensed operations can sell marijuana at lower prices and pay fewer administrative and regulatory costs.

More broadly, moving cannabis to Schedule III could create an unusual tax regime. Businesses would still face significant state taxes and high costs for banking and other services. But cannabis would actually have more favorable federal tax treatment than alcohol and tobacco, which are subject to federal excise taxes on top of income taxes.

Sens. Chuck Schumer (D., N.Y.), Cory Booker (D., N.J.) and Ron Wyden (D., Ore.) are reintroducing legislation that would decriminalize marijuana and impose federal excise taxes of up to 25%.

Recreational vs medical marijuana: If weed is legal, will we need medical marijuana cards?
Even if legal, recreational marijuana likely to be more restricted and more expensive



USA TODAY NETWORK - Florida
If enough voters go for it in November, recreational marijuana for adult use will become legal in Florida.

What will this do to the state's medical marijuana program, overwhelmingly approved by voters in 2016?

As of May 24, 2024, there are currently 882,407 patients with active Medical Marijuana cards in Florida according to the latest update from the state's Department of Health, Office of Medical Marijuana Use (OMMU). But if Amendment 3 passes, anyone 21 years old and older would be able to use and possess up to 3 ounces of marijuana, with some restrictions.

Would there be any reason to have a Medical Marijuana card if you can just head to a licensed marijuana dispensary and walk on in?

Yes, according to Morgan Hill, spokesperson for Smart & Safe Florida, the backers of the amendment.

"The addition of adult use, if passed, is just that: an addition," Hill said in an email. "The medical marijuana program will remain unchanged, in fact, there will be continued opportunity for the state legislature to improve the medical program in years to come."

What will Florida's recreational marijuana amendment do?
If voters pass the amendment in November, Florida would become the 25th state to legalize marijuana use for fun and not just for medical use. Users would still be required to buy their weed at licensed dispensaries.

The proposed amendment would do the following:
Legalize marijuana for adults 21 and older for personal use.

Legalize the possession, use, processing, and transporting of marijuana, marijuana products and marijuana accessories.

Preserve current medical marijuana law by repealing Note 1 A. of Florida Statute 381.986 2020, which would otherwise cause it to expire six months after "a constitutional amendment related to cannabis or marijuana is adopted."

Prevent legislature from limiting marijuana's tetrahydrocannabinol (THC) percentage.

If weed becomes legal, why would people still need a Medical Marijuana card?
If the amendment passes, it will still be up to the Florida Legislature to establish rules and regulations for its sale, and lawmakers may decide to pile on more restrictions to recreational weed than on the medical variety as other states have done. The potency would be the same, but it may cost more and there could be caps on how much you could buy.

"It is possible that, as has been done in other states, the legislature may create specific provisions to ensure that the medical patient’s experience is not disrupted by adult use customers," Hill said.

Recreational marijuana may be heavily taxed
Medical marijuana is not taxed in Florida, but the pot you buy for your weekend will be. "All states tax adult use marijuana," Hill said.

In states where adult-use marijuana is legal, buyers pay excise taxes from 7% up to 37% on top of state sales taxes, according to the Federation of Tax Administrators. Legislators who want to discourage the use of marijuana (and increase state revenue) may want to jack it up. There are already so-called "sin taxes" in Florida for tobacco products, alcohol and gambling.

Medical marijuana may not be as restricted
The Florida legislature may opt to put a cap on how much THC — the psychoactive component of marijuana that gives you the euphoric effect — is allowed, something that was already attempted earlier this year.

Initially, a new bill introduced in the 2024 session ahead of the legalization amendment would have pre-emptively undercut it by capping allowable THC content to 10% in smokable flower, with limits on concentrates, vapes and edibles comparable to other states. It was later amended to 30% but still failed to move. The Legislature could decide to revisit THC caps when they write the new regulations or limit how much you can buy or possess at a time.

Currently, there is no THC restriction for smokable medical marijuana in Florida, although patients are restricted to a 35-day supply under 2.5 ounces unless a qualified physician requests an exception.

"We anticipate that any potency caps would be restricted to adult use customers only," Hill said.

The amendment would legalize marijuana for people 21 years of age and older.
However, Florida allows minors to receive medical marijuana provided a qualified physician determines that the benefits outweigh the potential health risks. If the patient is under 18, a parent or caregiver must apply for a Medical Marijuana caregiver card.

Medical marijuana users may get priority
"Time will tell how the Florida legislature differentiates the two programs, but it is true that in every state, operators continue to prioritize ensuring the patient experience is not disrupted in any way," Hill said. "In some cases, that means creating separate lines for patients, or express pickup areas for patients."

You probably won't get to have it delivered, either.
"Home delivery in Florida will remain exclusive to medical cannabis patients," said Aaron Bloom, CEO of the Florida-based medical marijuana card provider DocMJ, in an email, "and medical marijuana treatment centers will be required to reserve a percentage of product in store for medical patients only, and include designated lines and parking in dispensaries for medical patients only."

How many people have to vote for recreational marijuana in Florida to pass it?
To pass, the recreational marijuana amendment would have to receive a supermajority or 60% of the vote.

In a poll last year by the University of North Florida’s Public Opinion Research Lab, 70% of the respondents supported the amendment. However, a USA TODAY/Ipsos poll in April showed only 49% of Florida voters would vote for it, with 14% saying they were unsure or unregistered and 36% against (1% skipped the question).

Ads promoting the amendment have begun blanketing the state, and this week Florida's "Pot Daddy," attorney John Morgan of Morgan & Morgan, announced his endorsement.

Would the amendment make recreational marijuana completely legal?
Not according to the federal government, although plans have been put in motion to reschedule marijuana from its current Schedule I drug status (drugs "with no currently accepted medical use and a high potential for abuse," the same category such as heroin and LSD) to a more benign Schedule III along with ketamine, testosterone, some anabolic steroids or Tylenol with codeine. It would also make the drug eligible for prescription.

Half the country has legalized marijuana in some form and the Biden administration has been sending clear signals that the previous approach to marijuana use was wrong by first pardoning people with federal convictions for simple possession of marijuana in 2022 and then issuing in December 2023 a "full, complete, and unconditional pardon" to every American who uses marijuana or has in the past.

FIFY

Just kidding, but like liquor, individuals gotta be responsible.

Pot was never harmless, but neither is alcohol, caffeine, nicotine, etc. and it's not harmful enough to be illegal if alcohol isnt.

I could sure go for some recreational marijuana about now....

Yeah, some recreational marijuana would really hit the spot...