Marijuana Business Magazine August 2019

Marijuana Business Magazine | August 2019 26 US Supreme Court Declines to Hear Marijuana Tax Case The U.S. Supreme Court declined to review a petition brought by a Colorado medical cannabis dispensary challenging the authority of the Internal Revenue Service. Alpenglow Botanicals, based in Breckenridge, Colorado, argued in its petition that Section 280E of the federal tax code doesn’t empower the IRS to investigate and rule that a marijuana business has violated federal drug laws. Alpenglow had claimed a variety of business deductions that the IRS determined were prohibited by 280E. The denial of the deductions resulted in Alpenglow owners Charles and Justin Williams owing a total of $53,094 to the IRS, according to court documents. After the bill was paid, Alpenglow filed refund claims and started on the road of challenging in court the application of 280E. Both the U.S. District Court in Colorado and the 10th Circuit Court of Appeals in Denver had affirmed the IRS ruling. Canada Proposes ‘Cannabis Health Products’ Category for Humans and Pets Canada’s federal health regulator is proposing a new category of cannabis that could potentially open up a market for the therapeutic treatment of humans and animals. Health Canada proposed the new category— Cannabis Health Products (CHPs)—to fill a gap in the current federal framework that does not provide a legal pathway to market for drugs that contain Industry Developments | International & United States National & International News Countries included have passed legislation at the federal level and must fulfill at least one of the following criteria: • Cultivation or manufacture of medical cannabis allowed. • Doctors can prescribe medical cannabis. • Import and/or export of medical cannabis allowed. High: Countries at the forefront of the global industry. Frameworks are established, and adoption is well underway. Medium: Implementation has begun but is still limited or restricted; lots of room for the market to develop. Low: Legislation has been passed, but implementation is very limited or nonexistent. Decriminalization is not included. MAP LEGEND High level of medical development/implementation Medium level of medical development/implementation Low level of medical development/implementation Other - federally illegal but unique circumstances Recreational