This bill prohibits tax deductions and credits for marijuana businesses trafficking in controlled substances, aligning federal tax law with the prohibition of marijuana under federal law.
Jodey Arrington
Representative
TX-19
The "No Deductions for Marijuana Businesses Act" amends the Internal Revenue Code to prohibit businesses involved in marijuana or controlled substance trafficking from claiming tax deductions or credits for their expenses. This restriction applies regardless of whether the business is violating federal or state law. The change will be effective for expenses paid after the bill is enacted.
The "No Deductions for Marijuana Businesses Act" (H.R. ll) is pretty straightforward, but what it means is huge. Basically, this bill amends Section 280E of the Internal Revenue Code to say that any business involved in "trafficking marijuana" can't deduct any normal business expenses. We're talking rent, utilities, employee salaries – the stuff every other business gets to write off. This applies even if the business is 100% legal under state law.
This bill directly targets the part of the tax code that deals with businesses involved in controlled substances. Right now, that mostly impacts illegal drug operations. This bill adds marijuana to that list, regardless of state legality. The change kicks in the moment this bill is enacted and applies to all taxable years after that date. So, if you're running a dispensary in Colorado, California, or any other state where weed is legal, your tax bill is about to skyrocket.
Let's say you own a small, legal cannabis shop. You're paying rent on your storefront, you've got employees to pay, and you're shelling out for electricity and security. Under this bill, none of that is deductible. Your taxable income is now your gross income, not your net income. For a small business owner, that's the difference between making a living and potentially going under. A restaurant or a construction company gets to subtract their costs of doing business; under this law, a cannabis shop doesn't. Section 2 of the bill is where this change is made, explicitly amending section 280E of the Internal Revenue Code.
The other shoe to drop here is that this could push more of the marijuana industry back into the shadows. If businesses are facing insane tax bills because they're operating legally, what's the incentive to stay legal? This bill might unintentionally boost the black market, which is the exact opposite of what federal and state governments have been trying to achieve with legalization.
This bill isn't operating in a vacuum. It's directly at odds with the growing trend of marijuana legalization across the country. While states are moving towards regulation and taxation, this federal law would essentially punish businesses for following those state laws. It also throws a wrench into the whole banking issue – many banks are hesitant to work with cannabis businesses because of federal laws, and this just adds another layer of complication. It's a clear case of the federal government saying one thing (marijuana is illegal) while states are increasingly saying another (it's legal, regulated, and taxed). The result could be a mess for businesses caught in the middle.