June 04, 2013

Marijuana Industry Gets A Little Help From Its Friends In Congress

Add marijuana to the list of home-state businesses that members of Congress are trying to protect.

Today, House members from the states of Colorado, Washington, Oregon and California held a press conference outside the Capitol to advocate legislation that would allow marijuana businesses that are legal in their states, such as medical marijuana dispensaries, to take standard business deductions when they file their federal taxes.

These members of Congress also want to change federal banking laws so that marijuana businesses don't have to operate as cash-only enterprises. Legislation also has been introduced to protect the property of medical marijuana dispensaries from being seized by the Justice Department through civil forfeiture proceedings.

All three bills are critical to the marijuana industry, which has emerged as a legitimate business opportunity now that 20 states and Washington, D.C., have legalized marijuana for medical purposes, and two states, Washington and Colorado, have legalized recreational use of the drug.

The growth of this industry, however, could be nipped in the bud if federal laws don't catch up with what's happening on the state level.
That's why 35 marijuana entrepreneurs, all of whom are members of the National Cannabis Industry Association, stood with members of Congress at this press conference. They looked just like other business owners visiting Capitol Hill -- the men were dressed in coats and ties, and the women wore business suits. There was only one ponytail in the crowd.

All his members want, said association Executive Director Aaron Smith, is for the federal government to "essentially treat our industry like any other."

They face an uphill battle -- only a few Republicans, notably Rep. Dana Rohrabacher, R-Calif., back this effort so far.

Here's a closer look at the issues the marijuana industry wants Congress to address:

Taxes

Unlike other businesses, legal marijuana growers and retail outlets aren't eligible for a host of deductions, including rent and wages, when computing their federal taxes.

"They cannot claim the work opportunity tax credit if they hire a veteran, depreciate their American-made irrigation equipment or utilize the deductions for the expenses associated with their operating costs," said Rep. Earl Blumenauer, D-Ore., sponsor of the Small Business Tax Equity Act. "As a result, those small businesses are paying federal income taxes that are often double or triple the effective tax rate of most businesses."

That's a real problem for Travis Howard, a business attorney who has started a marijuana business in Denver. He's been liquidating his 401(k) in order to stay in business until the tax laws change.

"I don't know how many years I'll be able to do it," he said.

All Howard can deduct is the cost of goods sold. He said this creates an incentive for him to expand production -- just the opposite of what the federal government wants.

Banking

Bankers are leery of letting marijuana businesses open accounts at their institutions because of fear of retribution from banking regulators or prosecution by the Justice Department. As a result, most marijuana businesses are forced to operate as cash-only businesses.

That leaves these businesses prime targets for thieves, and might tempt some businesses to cheat on their taxes.

Forcing the marijuana industry to be a cash-only business also is "putting up the welcome mat for organized crime," said Rep. Denny Heck, D-Wash.

Heck and Rep. Ed Perlmutter, D-Colo., are working on legislation to make it safe for banks to let marijuana businesses open bank accounts.

Perlmutter said Congress needs "to provide financial institutions assurance that they can make their own business decisions related to legal, financial transactions without fear of regulatory penalties or criminal prosecution."

Civil forfeiture

The twilight zone occupied by marijuana businesses was highlighted May 2, when the Justice Department sued the landlord of Berkeley Patients Group, a medical marijuana dispensary that has been operating legally in California since 1999. The federal government is threatening to seize the property since selling marijuana, even for medical purposes, is illegal under federal law.

Sean Luse, chief operating officer of the collective, said it's time for the Justice Department to "stop these senseless attacks" on patients who use marijuana to control pain or fight the nausea caused by cancer treatments.

"We have no intentions of closing our doors," he said.

Rep. Barbara Lee, D-Calif., has introduced legislation that would exempt real property from civil forfeiture under the Controlled Substances Act if the property is being used for medical marijuana purposes authorized by state law.

"Members of Congress need to hear directly from those who are caught in the middle of the conflict between state and federal law," Luse said.

To read this article in its original format, go here.