DOJ official reiterates stance against marijuana firms in 280E fight

MJ Biz report

A Biden administration official has weighed in against marijuana companies a second time to the U.S. Supreme Court in cases involving Section 280E of the tax code.

brief filed Monday by acting Solicitor General Elizabeth Prelogar argues again that lower courts have been correct in ruling that state-legal marijuana businesses can be investigated by the Internal Revenue Service for potential violations of 280E.

The court of appeals “merely explained, correctly, that the federal prohibition on trafficking marijuana is itself a sufficient basis for the IRS to investigate potential violations of Section 280E by petitioners, irrespective of state law,” wrote Prelogar, the fourth-highest-ranking official in the U.S. Department of Justice.

This particular appeal to the U.S. Supreme Court was filed by a group of cannabis companies led by Eric Speidell of Colorado-based The Green Solution.

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