280E fix in Congress still possible with tax bill, senator says

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U.S. Sen. Cory Gardner tried but ultimately failed a week ago in his bid to include an exemption from 280E for state-compliant marijuana businesses in the landmark tax reform package passed by the Senate.

But the Republican from Colorado told Marijuana Business Daily on Thursday he’s still hopeful his amendment can make it into the final legislation.

A conference committee is currently working to resolve differences between the tax bills passed by the House and the Senate, and Gardner suggested his proposed 280E repeal for the MJ industry could end up being included as part of the negotiations.

“We, right now, continue to push it in conference committee,” Gardner said.

When pressed on the amendment’s chances of making it into a final tax reform bill that will be sent to the White House, Gardner replied, “It might. It’s an uphill climb, but we’re not giving up on it.”

Gardner said the amendment failed to make it into the Senate tax bill because supporters didn’t receive an analysis from the Joint Committee on Taxation before the floor vote last Saturday.

If the Senate had gotten the analysis in time, the amendment could have moved forward with a simple majority instead of a minimum 60 votes.