The Attorney General's final order partially rescheduling marijuana has left the cannabis community with many lingering questions around 280E: when relief is effective, who qualifies, and what taxpayers can do while waiting for guidance.
When funds are limited, the way a taxpayer prioritizes tax obligations can affect assessed penalties, interest, and enforcement risk. Not all taxes are treated the same, and understanding that hierarchy is the starting point.
The DEA has placed state licensed medical marijuana into Schedule III effective April 22, 2026, ending Section 280E for qualifying businesses. But recreational cannabis rescheduling remains in a separate process. Here is what it means for cannabis operators.
A taxpayer is entitled to challenge the IRS’s interpretation of the law, including positions related to IRC § 280E. In fact, there are mechanisms built into the tax code and specified tax forms to facilitate this.
On August 12, 2025, the U.S. Court of Appeals for the Second Circuit issued a key ruling in Variscite NY Four, LLC v. New York State Cannabis Control, with major implications for how interstate commerce affects state cannabis markets.
Michigan lawmakers are proposing a 24% wholesale excise tax on cannabis transfers, adding to current retail taxes. Though expected to raise $420 million for infrastructure, it may drive consolidation, disadvantaging small operators in favor of large firms.
The DEA has sent a petition to reschedule psilocybin from Schedule I to II, prompting HHS review. This could reshape business regulations, tax implications under IRS 280E, and the future of the psychedelics industry.
Internal Revenue Code Section 280E is beginning to resemble a dried and brittle leaf, clinging to the branch of antiquated federal law long after the season
The cannabis and psychedelics industries are currently subject to one of the most punitive tax codes in the U.S. Internal Revenue Code § 280E, which...
For decades, the Drug Enforcement Administration (DEA) has relied on a rigid five-part test to determine whether a drug has a “currently accepted medical...
The Future of Cannabis Investment in a Post-280E Landscape We’re thrilled to announce that Calyx CPA’s own CEO, Justin Botillier, will be speaking at MJBizCon
