Monday, April 20, 2026

Is Tax Treament of Cannabis Punative?

I am posting about marijuana in honor of 4/20 day.

Marijuana has been decriminalized across many states but is still a as a federal controlled substance as an illegal Schedule I drug. As such, cannabis related firms are subject to section 280E of the tax code. As the Cannabis Business Times (CBT) reports:

... state-licensed cannabis operators are not permitted to make common or ordinary deductions on their federal tax returns. These deductions may include labor, legal fees, marketing, security or banking. With fewer deductions, cannabis operators, particularly those in retail, have an effective tax rate that at times can approach 70% or more.


This tax treatment was originally intended to be punitive and serve as a disincentive to conduct illicit drug-related business. CBT recommends rescheduling cannabis to Schedule III, so that firms would no longer be subject to 280E taxation. Reducing a 70% higher tax wedge would likely reduce prices and increase the quantity demanded. While decriminalized, federal tax treatment depresses demand.  

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