Cannabis Industry Lawyer Podcast
Federal Rescheduling and the 280E Tax Crisis: What Every MSO Needs to Know
Host: Tom HowardApril 10, 202672 minflagship★ Featured
Episode Summary
Bob Hoban breaks down what Schedule III reclassification actually means for operators still carrying 280E exposure, why tax counsel should be engaged before the rule is final, and how multi-state operators can position now to protect deductions during the transition window.
The window between rescheduling announcement and effective date is the most dangerous period in cannabis tax history. Operators who move early capture the deductions. Operators who wait may find the IRS has already locked in its interpretation.
Episode Highlights
| Time | Topic |
|---|---|
| 4:20 | Why 280E still applies during the transition window |
| 18:45 | IRC 471(c) as a bridge strategy before rescheduling finalizes |
| 35:10 | State conformity — which states will decouple from federal tax code |
| 52:00 | Practical timeline for MSOs engaging tax counsel now |
| 64:30 | What rescheduling does NOT fix (banking, advertising, crossing state lines) |
Practice Areas Covered
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