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Budding Woes: Navigating the Weedy Waters of Cannabis Companies in Financial Distress

The Blunt Truth

STATE OF PLAY The United States Trustee Program (“USTP”), as the bankruptcy system watchdog, has long taken the position that the system may not be used as in instrument in committing a crime, and that trustees and estate fiduciaries may not administer assets in violation of federal criminal law. [1] Cal October 23, 2012). [5]

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Harborside & Nor Cal Opinions. Dispensaries, Don’t Despair. There Are Solutions

Cannabis Law Report

We are constrained by the law, and Congress has not carved out an exception in IRC Sec.280E 280E for businesses that operate lawfully under State law. These opinions create an opportunity for a cannabis dispensary to exclude from gross revenue a substantial portion of the money collected from cannabis consumers.

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CO To Tighten Med Cannabis Rules Starting 1.1.22 – New rules for buyers and sellers were announced this week

Cannabis Law Report

1 following several months of deliberation over how to execute a new state law meant largely to limit young people’s access to and abuse of high-potency THC products. All data collected must be kept confidential. The Denver Post reports. Colorado will impose stricter rules for the purchase of medical marijuana starting Jan.

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Tax Court’s decision in Harborside A Big Challenge For CA Cannabis Dispensaries

Cannabis Law Report

Tax Court has issued a final decision under Tax Court Rule 155 on the income tax deficiency for Patients Mutual Assistance Collective Corporation (“PMACC”), the Company’s 100% owned subsidiary and owner of the iconic Harborside Oakland cannabis dispensary. million for the fiscal years 2007 through 2012.

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Three Tax Court Judges Find Section 280E Unconstitutional

Greenspoon Marder Cannabis Law Group Blog

The respondent, the Internal Revenue Service (“IRS”), issued the petitioner a Notice of Deficiency, claiming “a deficiency in petitioner’s 2012 income tax of $1,264,212 and an accuracy-related penalty under section 6662(a) of $252,842.40.” [2] The Sixteenth Amendment permits Congress to “collect taxes on incomes.” [8]

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Federal Drug Law Presents Few Obstacles for Cannabis Patents

Cannabis Law Report

As of the date of publication, marijuana is legal for medical use in 33 states and the District of Columbia, while it is legal for recreational use in 11 states and the District of Columbia. Pure Hemp Collective, Inc. , Its use for any purpose remains illegal at the federal level.

Law 40
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International and Cross-Border Tax Issues in the Cannabis Industry

Greenspoon Marder Cannabis Law Group Blog

The courts have consistently held that marijuana dispensaries operating in compliance with state law are trafficking in controlled substances and are subject to Section 280E.[11] The Tax Court in Patients Mutual [15] Assistance Collective Coop. 11] Patients Mutual Assistance Collective Coop. CHAMP), 128 T.C.