Guest Post: Starting a conversation on 280E reform

By Hank Levy, Bridge West, LLC

This is the first of a series of blog posts that Jim Marty and I will do for NCIA. We will attempt to talk about our latest thoughts on the highly technical subject of 280E tax reform without boring you.

The latest development, of course, is that a new case just went up to the U.S. Tax Court. This was for the Canna Care Dispensary in the Del Paso Heights of Sacramento, California. Those of us experienced in the cannabis taxation field are extremely nervous about this case. None of us know Canna Care’s lawyer or their tax preparer. They are using religious beliefs as a defense against tax law (difficult!). And the judge is the same as in the Olive v. Commissioner of Internal Revenue case, which went very badly for the medical marijuana industry. The decision probably won’t be rendered for at least six months. As the Canna Care proprietors might say, let’s pray for the best.

Is there hope?  In future posts, we are going to discuss some ideas we have about 280E:

  • The definition of trafficking, and seeing if this can help us.
  • How other “criminal activity” is handled in tax law.
  • The role of counseling and education in reducing the 280E problem.
  • How the new FINCEN regulations on banking may give us some ways to maneuver around 280E

So, stay tuned.

Hank Levy is the owner of a CPA/Consulting Firm in the Rockridge section of Oakland California, in existence since 1990. The firm specializes in income tax planning and tax compliance for individuals, corporations, partnerships, LLCs, trusts, estates and non-profit clients. It also does training/consulting on QuickBooks as well as prepares financial disclosure reports for political campaigns. Hank and his partner Jim Marty make up Bridge West, LLC, a firm providing expert business & tax consulting for the legalized marijuana industry.

How to improve profitability with infused marijuana products: Tips from a cannabis industry veteran

By Christie Lunsford, 3D Cannabis Center

Legal cannabis markets in the US are expected to grow over 60% in 2014. Currently, infused goods comprise 50% of the total market, with the fastest market growth happening in concentrates over the next year. How is your state-legal adult-use marijuana store or medical cannabis dispensary educating employees and consumers about the fastest growing sector in the cannabis marketplace?

It’s the dreaded scenario all cannabis enthusiasts experience – they want to try an edible, drink, or concentrate and have no idea how they work or what kind of an effect it will have on them. Having a staff knowledgeable about different cannabinoid delivery systems will help your team build sales and develop a loyal customer base. Here’s the basic cannabis uptake information every cannabusiness person needs to know to be effective in sales or advocacy.

Oral mucosal (soft tissues of the mouth) delivery systems are the most effective and efficient way to deliver the effects of THC and other constituents to consumers. Products including tinctures, mints, hard candies, and oral transfer film (OTF) all offer a quick onset head high with slight sedative effects.

Concentrates are the hottest cannabis trend in the combustible market and account for a large share of the growth in the infused products sector. Including CO2, butane extraction, and water hash, concentrates take the form of wax, shatter, glass, and hash and are consumed in a vape pen or combustion device. The uptake is very quick and the effects are easily prolonged by inhaling small amounts.

Edibles account for approximately 30% of the current infused market. A consumer favorite, edibles have slower onset and longer lasting psychoactive effect. Edibles take longer to show their effects because they are broken down by the stomach. Then the THC is transformed into delta 9 and passed into the blood stream via the liver. Some examples of edibles include THC-infused drinks like Dixie Elixirs sparkling beverages, chocolates, cookies, confections, and capsules. Capsules are a welcome and growing trend in the edible delivery format with a more palatable look and feel for the expanding medical cannabis markets.

Topical delivery systems are the most approachable to use, offering localized pain relief and no psychotropic effect. Simply rub on or in the case of Dixie Bath Soak, soak up the relief. Cannabis topicals are a great way to introduce cannabis products to elders and those who don’t have a deep relationship with the plant.

Understanding alternate cannabinoid delivery systems and how infused products work with each can help you and your staff offer better customer service, encouraging repeat customer business and strengthening your store’s bottom line. Always work with a reputable infusion company that offers additional services like cannabis education and will be a partner to your store’s long-term success.

Christie Lunsford is Director of Operations at 3D Cannabis Center and a cannabis industry veteran. As a board member of the Women’s CannaBusiness Network, a project of the National Cannabis Industry Association, she has worked to lobby Congress in the areas of fair taxation and banking laws for state-legal medical marijuana businesses. You can follow her cannabis industry exploits via Cannapodcast.

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