If you’re in the cannabis industry, you already know the nightmare that is IRC Section 280E. Since cannabis is still federally illegal, businesses can’t deduct normal expenses like rent, payroll, and marketing—only the cost of goods sold (COGS). That means dispensaries, growers, and other plant-touching businesses end up paying effective tax rates of 60-80% or more.
Now, things could get even worse. A newly proposed bill in Congress aims to further limit tax benefits for cannabis companies, making an already unfair tax burden even heavier. While some lawmakers are pushing for rescheduling or full legalization, this bill could move things in the opposite direction by eliminating certain tax deductions cannabis businesses have managed to claim under existing tax law.
🔥 What This Means for Cannabis Businesses:
❌ Higher tax bills – Even fewer deductions means more taxable income and even less cash flow.
❌ More financial strain on small cannabis businesses – Larger companies with strong cash reserves may survive, but smaller businesses could be hit the hardest.
❌ Increased compliance risk – With the IRS already targeting cannabis businesses for audits, even minor tax mistakes could become costly.
❌ Uncertain future for tax policy – While some states push for more cannabis-friendly policies, this federal move could create additional hurdles.
âś… What You Can Do to Protect Your Business:
✔️ Stay informed – Keep an eye on legislative updates and tax law changes that could impact your business.
✔️ Maximize allowable deductions – While 280E is restrictive, careful tax planning can help optimize deductions, particularly by structuring expenses under COGS.
✔️ Work with an expert – A knowledgeable accountant (like BookWyrm Ledger Co.!) can help navigate these tricky tax waters and develop a strategy that minimizes your tax burden.
✔️ Advocate for fair cannabis tax policies – Support industry groups and lobby for 280E reform to level the playing field for legal cannabis businesses.
The bottom line? 280E already makes running a cannabis business expensive, and this new bill could make it even tougher. If you’re not actively managing your tax strategy, you could be leaving thousands (or more) on the table.
Want to make sure your business is prepared? Let’s talk tax strategy. Book a free consult today!