A new U.S. Tax Court case, New Mexico Top Organics, Inc. d/b/a Ultra Health v. Commissioner, could reshape how Section 280E of the U.S. tax code applies to state-legal medical cannabis businesses.
Ultra Health argues that Section 280E turns on
In The Weeds
Exploring Developments in Cannabis Law and Business
In The Weeds, published by Fox Rothschild LLP, focuses on legal developments and regulatory issues in the cannabis industry. The blog covers topics such as federal and state cannabis legislation, tax implications for cannabis businesses, banking and financial services challenges, licensing procedures, and compliance requirements. It highlights ongoing legislative efforts like the SAFER Banking Act, state-level regulatory updates including license lotteries and rule adoptions, and enforcement actions against unlicensed cannabis establishments. The blog serves as a resource for legal professionals, businesses, and stakeholders navigating the complex and evolving cannabis legal landscape.
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Thirty-two Attorneys General Press Congress to Finally Pass the SAFER Banking Act to Protect Cannabis Businesses and Communities
By Corey Scher & Joshua Horn
A bipartisan coalition of 32 state and territory attorneys general is urging Congress to pass the SAFER Banking Act, which would allow financial institutions to serve state-licensed cannabis businesses. The current cash-only environment puts businesses, employees, and communities at risk,…
Minnesota to Hold Cannabis Retail License Lottery For Social Equity and General Applicants on July 22
By Paul Fling
The Minnesota Office of Cannabis Management is set to conduct its second lottery for Minnesota Cannabis Retail Licenses. On June 5, 2025, the OCM held its first round of lotteries, conducting social equity applicant lotteries for cannabis cultivator, cannabis manufacturer,…
Minnesota Adopts Final Cannabis Rules
By Paul Fling
Today, Minnesota’s Office of Cannabis Management announced that Minnesota’s final set of adult-use cannabis rules have been approved, will be publish in the State Register, and will go into effect later this month.
After the rules are published and go…
DC ABCA Licensure Deadline
The grace period during which DC’s unlicensed cannabis establishments must obtain proper licensure without facing enforcement actions is soon ending. By March 31, unlicensed cannabis establishments that have applied for a retailer or internet retailer license must have their licenses…
Minnesota Announces Intent to Adopt Expedited Cannabis Rules
By Paul Fling
On Thursday, the Minnesota Office of Cannabis Management announced its intent to adopt expedited rules without a public hearing. According to the OCM, the expedited rules are “designed to regulate the adult-use cannabis, medical cannabis, hemp-derived consumer products, and…
Maryland Office of Social Equity Regulatory Update
The Maryland Office of Social Equity (OSE) is an office within the Maryland Cannabis Administration (MCA). Its purpose is to promote and encourage participation in the regulated cannabis industry by communities that have been disproportionately impacted by cannabis prohibition and…
Minnesota OCM Cancels Separate Social Equity Lottery
As MinnPost reports, Minnesota’s Office of Cannabis Management cancelled its social equity lottery, which would have occurred separate from the general applicant lottery in 2025. A portion of the licenses remain allocated to social equity applicants for when the…
Update: DC Cannabis Enforcement
The DC Alcoholic Beverage and Cannabis Administration (“ABCA”) Enforcement Division continues to exercise its enforcement authority against allegedly unlawful cannabis and entheogenic mushroom businesses in the District. A wave of enforcement activity has occurred after the DC Council passed emergency…
Update: Maryland Cannabis Administration
Adult possession and use of cannabis has been legal in Maryland since Maryland’s Cannabis Reform Act (“CRA”) took effect in July 2023. The CRA established the Maryland Cannabis Administration (“MCA”) and tasked it with regulating Maryland’s cannabis industry. The MCA…