Stakeholders within the MMJ industry continue on a mission to be federally recognized as legally viable business operators. Nearly every possible obstacle litters the course. Operators must circumnavigate the mire of daunting state regulations and draconian federal banking and tax laws.

Still, with exuberant stubborness and commitment, the Industry continues to grow.

ARIZONA

The operating landscape within the MMJ industry is tightly regulated and controlled in Arizona. Below, we have provided a copy of the AZDHS Medical Marijuana Program and related materials.

Title 9-Chapter 17 DHS Medical Marijuana Program
Registration Certificate Renewal
Dispensary & Cultivation Site Inspection Checklist

BANKING

The most significant obstacle confronting MMJ stakeholders is the inability to access traditional banking services. This is something most all of us take for granted, but is unavailable to this industry. These draconian laws place the industry and its stakeholders at unnecessary risks.

Cole Memorandum (August 2013)
FinCEN Guidance (February 2014)

FEDERAL

In January 2015, the IRS Chief Counsel released an internal memorandum dated December 20, 2014 concerning the interpretation of several key code sections of the tax law and their application to the Industry. We have provided a copy below.

IRS Chief Counsel Memo, 263A & 280E (December 2014)

BENCHMARK COURT CASES

The are two important tax court cases that have provided some direction and guidance concerning cost of goods sold (COGS) and IRC §280E. We have provided copies of these rulings below.

CHAMPS v Commissioner (May 2007)
Olive v Commissioner (August 2012)