The Small Business Tax Equity Act: Supporting a Just Cause at NCIA Lobby Days

by NCIA Editorial Staff

The American cannabis industry should be proud of generating thousands of jobs and billions of dollars in tax revenue for America- but can you imagine how much more we could do without the 280E tax burden?

While it’s an exciting time to be in the cannabis industry, our businesses are struggling under crippling federal taxation. It’s all due to Section 280E of the IRS tax code. A provision originally set out to penalize bad actors in criminal market. Unfortunately for our industry, the federal government has yet to remove the plant from its list of scheduled drugs and continues to deny cannabis as a fully legal product with medical benefits. In sum, if your business touches the plant then you’re in danger of losing your profits under Section 280E of the IRS tax code. It’s a critical time for us to come together and demand change for the industry at the federal level so our business owners can do what they do best; grow their business and give back to the community.

Despite the 280E difficulties, Portland’s MindRite dispensary was voted the most charitable cannabis store by DOPE magazine. Owners Shea and Jaime Conley said they would give even more if their business was taxed like any other industry.

MindRite can’t write off their tens of thousands of dollars in charitable donations because 280E hinders it. “It’s coming out of our profits but its just something we do and has never been up for debate because we believe it’s the business owner’s responsibility to make the community around them better, said Shea. The Conley’s also said they would jump through even more hoops and regulations because it’s a privilege to be able to work in an industry they are so passionate about. But the fact remains, “if 280E wasn’t over our heads,” he said, “we would’ve expanded our business by now.” Without 280E they would reinvest the money they paid the government. “We could have two more dispensaries open,” said Shea.

As tax professional Jim Marty of Bridge West explained, businesses can normally retain profits from usual business deductions such as; employee salaries, utilities, facility rent, payments to contractors, and health insurance premiums. For those in the green space, anything outside of the cost of goods sold is not deductible. In efforts to level the playing field, Jim works with clients and lobbyists at the state level to allow for deductions. “We’ve testified in front of committees,” he said, “and some state tax rates are lower than the federal.” In prior interviews with CNBC and FOX Business, his advice is to understand your business plan because 280E creates an impossible situation for legitimate cannabis businesses.

State tax rates may be lower than federal in states like Colorado and Oregon, however, it’s not enough to offset the penalty they pay at the federal level. “We are aware of every dollar that goes out and comes in, it’s a must if you want longevity for your business,” said Shea. The dispensary deals with razor-sharp profit margins in anticipation of paying their penalty to the IRS every April.

It’s frustrating for business owners and employees. Mitch Woolheiser of Northern Lights Cannabis said his business growth is stunted as a direct result of the issue. “I can’t give my employees raises. I can’t put money back into my business. Instead, I’ve been hoarding cash in anticipation of what the IRS is going to take,” he said. In total, cannabis businesses are paying taxes on gross income which often amounts to paying rates that are 70% or higher. Comparatively, the corporate tax rate established by The Tax Cuts and Jobs Act of 2017 is only 21%.

That’s why we are once again taking to the steps of Congress in May for our 8th annual Lobby Days in Washington D.C. While in D.C., Jim said he hopes to meet with President Donald Trump. He said if the executive branch has authority to reschedule marijuana, he’d ask President Trump to categorize cannabis as a Schedule 3 substance or unschedule it completely because it would ensure that section 280E would no longer apply.

We also encourage everyone in support of a healthy, prosperous cannabis industry to talk to their Senators and Representatives about The Small Business Tax Equity Act. The amendment would exempt compliant cannabis businesses from the 280E provision which we believe would inevitably lead to in an influx of employment opportunities with more competitive salaries.

Cannabis & Community: The Industry Gives Back to Medical Research and the Arts

The National Cannabis Industry Association was founded in order to foster a legitimate, responsible, and socially-engaged cannabis industry. We continue to advocate for these values both within the industry and to the outside. As part of this ongoing message, we encourage our members to engage with their communities and support charities in addition to the marijuana policy reform efforts that advance the industry directly. Cannabis businesses that engage in philanthropy are not only helping important causes and earning a tax deduction — they are demonstrating tangible benefits of legally regulating cannabis businesses to policymakers and the public. After all, criminal drug dealers don’t usually give back to their communities.

Voter support for legal marijuana is at an all-time high but a lot of work still needs to be done before public perception and the legal environment reach the point where the cannabis industry is treated like any other legitimate American business sector. Successful cannabis businesses can help move us in the right direction by publicly supporting mainstream causes that resonate with the general public in addition to helping lay the foundation for a culture of corporate responsibility within the emerging industry.

Colorado’s burgeoning legal cannabis industry is leading the charge on this front with two great examples of philanthropic activity this summer.

NCIA director of education and events Brooke Gilbert (left) poses with director of government relations Michael Correia (right) at this year's Clinic Charity Classic. — NCIA director of education and events Brooke Gilbert (left) poses with director of government relations Michael Correia (right) at this year’s Clinic Charity Classic.

On August 16 the Clinic Marijuana Center held its 5th Annual Clinic Charity Classic, a golf tournament benefitting the Multiple Sclerosis Society. The sold-out tournament was sponsored by dozens of cannabis businesses — including NCIA — and raised over $80,000 for the M.S. Society’s Colorado-Wyoming Chapter.

The cannabis industry is also supporting the arts through our sponsorship of the Colorado Symphony Orchestra’s “Classically Cannabis: A High Note Series,” a run of private, cannabis-friendly summer concerts in Denver. The series is leading up to a September 13 concert at the nationally-renowned Red Rocks Amphitheater sponsored by NCIA and our members Bhang Chocolate, Gaia Plant Based Medicine, Leafly, The Farm, Terrapin Care Station, Walking Raven Marijuana Center, Cannapages.com, Julie’s Baked Goods, Vicente Sederberg, and Northern Lights Cannabis Co.

Our support for these important community benefits strengthens our relationship with those who may not have any direct experience with cannabis or the industry and generates positive news coverage across the nation.

Let us know how your business is engaging with your community in the comments below or tell us if you have an idea for new ways to get philanthropically involved.