MJBIZ Webinar: Challenging 280E

The landscape around IRC Section 280E is shifting rapidly, and major cannabis operators are already adjusting their strategies. Curaleaf, Cresco Labs, and Ascend Wellness have all begun filing without 280E restrictions. Trulieve has filed amended returns seeking approximately $113 million in refunds from the IRS. Canna Provisions and Verano Holdings are appealing their cases to the US Court of Appeals.

What Prompted the Shift

The Department of Justice determined that the DEA's historical test for evaluating Schedule I status was "impermissibly narrow." Combined with HHS's recommendation to reschedule cannabis to Schedule III, operators now have a credible legal basis for challenging 280E's applicability - and many are acting on it.

Webinar Topics

• Historical 280E mitigation strategies using IRC Sections 263(a), 471(a), and 471(c)
• How and why leading MSOs are justifying amended return filings
• The Verano Holdings and Canna Provisions lawsuits and their potential impact
• Supreme Court actions related to cannabis scheduling
• Implications of formal reclassification for current and future tax positions
• Statute of limitations considerations for amended returns

Whether you are a single-state operator or a multi-state enterprise, understanding the current state of 280E - and the strategies available to challenge it - is critical to your financial planning.