Tuesday, November 25, 2014

Legalizing Marijuana under the 280E tax code

I do not sway in only the decriminalization of marijuana and making it medically legal, but I agree with completely legalizing the production, distribution, sale, and use given the Internal Revenue code section 280E is reformed. 

Four states have gained legal recreational use of marijuana in the United States but still face issues that are included in the article of USA Today: "Voters in Oregon, Alaska and Washington, D.C., legalized recreational marijuana Tuesday.  But without the support of the U.S. Congress, any of the new, voter-approved pot shops may not be able to survive a drug war-era tax code that already threatens many businesses in Colorado and Washington state."

The 280E tax code states:  "No deduction or credit shall be allowed for any amount paid or incurred during the taxable year in carrying on any trade or business if such trade or business (or the activities which comprise such trade or business) consists of trafficking in controlled substances (within the meaning of schedule I and II of the Controlled Substances Act) which is prohibited by Federal law or the law of any State in which such trade or business is conducted."

This code is making it terribly hard for any business to succeed because the federal tax rate is from 60-90 percent.  It is possible that because the federal government can not put Marijuana distribution out of business legally, they will do it financially.

In order to gain any real employment and tax revenue from Marijuana business, the 280E must be reformed.  This code is turning off business entrepreneurs to invest in the Marijuana industry. 

Not allowing the Marijuana businesses a break leads to crimes of more illegal sales. 

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