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12 chapters covering every major legal challenge in cannabis business — from §280E and state licensing to M&A, banking, federal rescheduling, and compliance.
By Robert Hoban, Esq. — Hoban Law Group
12 chapters covering the complete cannabis legal landscape. Chapter 1 is free to read — remaining chapters unlock with Pulse Premium.
An introduction to the unique duality of cannabis law — federally illegal yet state-legal — and why that tension defines every legal decision operators must make.
Section 280E of the Internal Revenue Code disallows ordinary business deductions for traffickers of Schedule I and II substances. For cannabis operators, this means paying federal income tax on gross profit rather than net income — an effective tax rate that can exceed 70%.
State cannabis license windows are high-stakes, time-limited competitions. The difference between a winning application and a losing one is often legal strategy — entity structure, community benefit plans, operational narratives, and point optimization for the specific scoring rubric.
Multi-state operators face compounding regulatory complexity: each state has unique license types, operational requirements, tax structures, and ownership rules. Effective MSO legal strategy requires a unified compliance architecture that spans jurisdictions without creating federal trafficking exposure.
IRS compliance for cannabis businesses requires managing the 280E burden, structuring COGS correctly, handling audit risk, and maintaining defensible books in an environment where the IRS's Large Business & International division has designated cannabis as a compliance focus area.
Marijuana-related businesses operate largely outside the traditional banking system due to federal prohibition. Understanding MRB banking frameworks, FinCEN guidance, credit union options, and the trajectory of the SAFE Banking Act is essential for every cannabis operator and their counsel.
Cannabis M&A requires specialized diligence: license transferability, change-of-control approval timelines, regulatory background checks on all incoming owners, 280E carryforward allocation, and state-specific license stacking limits. Missing any of these can kill a deal months after signing.
Cannabis businesses cannot file for federal bankruptcy protection because the Bankruptcy Code requires debtors to operate lawfully under federal law. When cannabis operators fail, state court receivership, assignment for benefit of creditors, and out-of-court restructuring are the primary tools.
The DEA's proposed rulemaking to reclassify cannabis from Schedule I to Schedule III is the most consequential regulatory development in decades. Understanding the legal mechanics of rescheduling — and its limits — is essential for operators planning their next 3–5 years.
Vertical integration — controlling cultivation, manufacturing, and retail under one license structure — is the dominant MSO strategy. But it creates regulatory complexity, antitrust exposure, and litigation risk that many operators and their counsel underestimate.
A cannabis compliance program is not a checklist. It is a continuous operational system: documented standard operating procedures, staff training, internal audit protocols, incident response plans, and a regulatory change management process. Operators without functional compliance programs lose licenses.
Federal rescheduling, the trajectory of banking reform, interstate commerce developments, and the consolidation of a maturing industry will define the next decade of cannabis law. Practitioners who understand the direction of the law will be invaluable to their clients.
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$34
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Active Pulse Premium subscribers get the full PDF preview now — all 12 chapters as they are published.
Get Pulse PremiumCannabis law operates in a legal paradox that has no equivalent in any other industry. Federal prohibition and state legalization coexist — and every business decision happens at their intersection. The Cannabis Lawyer's Playbook is the first comprehensive practitioner's guide to navigating that intersection.
Robert Hoban has advised cannabis operators, investors, and regulators across six continents for three decades. This book distills that experience into 12 chapters covering the full legal stack: §280E and IRS compliance, state licensing strategy, banking, M&A and deal structure, receivership when operators fail, federal rescheduling, vertical integration, and building compliance programs that protect licenses.
Whether you are an operator, an investor, an in-house counsel, or a practitioner entering the space, this is the legal framework you need.
The Hoban Insights Podcast
Companion to the book — weekly 20-min cannabis law deep-dives.
Cannabis Law Glossary
Authoritative definitions for every term in this book.
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