WEEDING OUT SOCIAL WELFARE ORGANIZATIONS AND THE PUBLIC POLICY DOCTRINE

Note Written by: Jake R. Miller

Currently, twenty-nine states and the District of Columbia have legalized some form of marijuana use and trade. With a rapidly expanding industry, individuals who have marijuana based-businesses are left wondering if they too are afforded the tax benefits as other bossinesses. The answer to this question is no. Congress enacted section 208E, as that a business may not deduct otherwise ordinary business expenses associated with trafficking controlled substances that are prohibited by Federal law. In this note, author Jake R. Miller analyzes clever solutions to give tax-exemption status to legally operated marijuana businesses.

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