THE TAXMAN COMETH

A former IRS tax attorney warned of a coming “tsunami” of audits related to industry-hated tax rule 280E. Speaking to MJBiz, the attorney said changes in IRS policy could cost larger cannabis companies millions in unpaid taxes and penalties.

Nick Richards, whose clients now include cannabis companies, said he’s heard from his former colleagues at the IRS that unsuccessful court challenges to 280E by Harborside and Alternative Healthcare Advocates expanded the scope of 280E in a “big, big, big way”

  • “According to Richards, the IRS now considers unlicensed companies that work with plant-touching businesses as subject to 280E if they profited from marijuana sales – including the likes of management companies, landlords, leasing firms, etc., but clarity does not exist yet.”
  • The other issue, he says, is the IRS is ramping up enforcement of the anti-laundering Bank Secrecy Act which requires the filing of Form 8300 with all cash payments over $10,000. If it plays hardball, the IRS could go back years into a company’s past and levy a fine of $25,000 per missing form.
  • Richards anticipates the number of these audits expanding, especially in Colorado and California, in coming years.
  • The IRS declined to comment on Richards’ guidance.

It’s a complicated issue. Read the whole thing.

QUEST FOR A CANNABIS BREATHALYZER CONTINUES

California company Hound Labs showed off The Hound, its new cannabis breathalyzer, which could be on the market as soon as next year.
Philadelphia Inquirer

A few weeks ago in the Guardian, I wrote that while nobody recommends driving high, it’s not clear it is a problem in need of a solution. Additionally, the correlation between THC concentration in the blood and impairment is far less linear than it is with alcohol.

  • The Hound, which consists of a briefcase usit and a handhelp device, will retail for about $5,000. It is about a billion times more sensitive than an alcohol breathalzer.
  • Each test requires a $20 one-time use cartridge.
  • The company believes the market for a THC breathalyzer could be worth $10B annually. This, along with financial backing from the insurance industry, suggests Hound Labs’ interests are less than perfect alignment with the cannabs industry.

NEW FRONTIER GOES SHOPPING

Cannabis data firm New Frontier Data announced two acquisitions this week.
Mr. Web

  • It bought Zepyr an AI platform used to discover and profile customers in a cash and stock deal worth more than $10M.
  • Zefyr helps cannabis companies answer questions like where ideal customers are located and the products they prefer.
  • New Frontier also bought lifestyle content company Civilized for an undisclosed sum.

Quick Hit

  1. The Telegraph finds eight must-have apps for cannabis entrepreneurs.

MEDMEN’S PHARMACANN BID FALLS APART

MedMen‘s $682M bid for Chicago-based PharmaCann fell apart this week amid industry turbulence and cratering stock prices. For California retailer MedMen, PharmaCann was supposed to be an entry point into the Illinois REC market, which opens on Jan 1.
Chicago Tribune

  • MedMen’s stock is trading around $1.58 per share. Last October it reached $9.
  • MedMen is walking away with one of PharmaCann’s two Illinois grows, a shop and a retail license.

In response to a tough parody on South Park, MedMen CEO Adam Bierman said he was “humbled to be considered the most culturally relevant cannabis brand.
Javier Hasse, Forbes

Pot stocks, most of which, like MedMen, trade in Canada, had their worst day of the year on Thursday. ????WeedWeek Canada has more.
@weedstreet420 – Twitte
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Quick Hit

  1. ????WeedWeek Canada also has a great round-up of REC legalization’s not so happy first birthday up north.
  2. Leafly suffered a data breach. It didn’t say how many users’ data was affected.
    Security Affairs

AS VAPE CRISIS GRINDS ON: A NEW THEORY

Rolling Stone has an update on the vape crisis which has now sickened more than 1,300, and killed 23.

Massachusetts Gov. Charlie Baker (R) defended his four month ban on the sale of THC and nicotine vape products.
MassLive

MITCH MCCONNELL AND CANNABIZ PLAY NICE IN SOCAL

During a visit to southern California, Senate Majority Leader Mitch McConnell (R-Ky.) met with cannabiz executives and toured at least one cannabis related business. McConnell opposes legalization but was the force behind federal hemp legalization in last years farm bill, a potential boon for farmers in his home state of Kentucky.
MarketWatch

  • The industry was happy to welcome him. The key issue right now is banking: After the House passed the SAFE Banking Act last month. Should the bill pass the Senate banking committee, chaired by Idaho’s Mike Crapo (R), it will need McConnell’s support to pass the Senate.
    Politico
  • What the solid Politico article doesn’t quite get, and McConnell almost certainly does, is that the cannabis industry and the GOP are natural allies.
  • In light of the vape crisis, former FDA chair Dr. Scott Gottlieb essentially called for descheduling cannabis in a Wall Street Journal op-ed.
  • There’s also still a lot of legalization opponents in the Republican base tweeted conservative pundit Laura Ingrahm. She warned industry money would support Democrats. Perhaps, she’ll reassess when she realizes it could help Republicans.
  • NORML rates Crapo a D, but he has expressed support for some kind of banking bill.
  • McConnell has not expressed support for such a bill, but the banking issue also affects his hemp farmers, which may make him more sympathetic.

Marijuana Moment has the scoop from inside one of McConnell’s fundraisers meetings.

  • McConnell mostly listened. He called marijuana a “complicated issue” and while he didn’t make any commitments, he seemed to grasp the industry’s frustration around banking.
  • “We put our best face forward,” a meeting attendee said. “We were strategic by not forcing him into a corner” by pressing him.
  • This section was a little more political than WeedWeek usually gets. But as I’ve said hereherehere and here, the industry is at its least attractive when it’s kissing Republicans’ asses.

IMPEACHMENT/UKRAINE: THE WEED ANGLE

Two associates of President Trump’s personal lawyer, Rudy Giuliani, were arrested and charged with campaign finance violations involving REC business licenses. A federal indictment explains the alleged complicated scheme. ????WeedWeek California has more.

Former Texas Congressman Pete Sessions (R), an ardent prohibitionist in the last Congress, who lost his seat in November, is suspected of being among the beneficiaries. Sessions, no relation to Jeff, is now running again in a different Texas district.
CNN 2x, Talking Points Memo, Dallas Morning News

  • As mayor of New York City, Giuliani was known for his dislike of ferrets. (It was a simpler time.)

According to the indictment, (Pt. 21), the charged individuals “took steps to hide” to identity of an investor in their Nevada REC business.

My new story, “The Ebbu Files,” discusses how some investors with reputational concerns seek to mask their cannabis connections. For at least a year and a half, I’ve been asking Colorado officials — past and present — about this issue. None have been willing to discuss it, or even acknowledge it exists.