Once the Drug Enforcement Administration’s (DEA) proposal to move marijuana to Schedule III is finalized, marijuana businesses following state law will be allowed to take tax deductions like any other legal business, says the Internal Revenue Service (IRS).
In a press release sent today, the IRS confirms that once marijuana is moved to Schedule III, Section 280E of the agency’s code will no longer apply to legal marijuana businesses.
Section 280E “disallows all deductions or credits for any amount paid or incurred in carrying on any trade or business that consists of illegally trafficking in a Schedule I or II controlled substance within the meaning of the federal Controlled Substances Act.”
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