Taxation and Legal Issues Open access

Puff, Puff, Tax: Internal Revenue Code Section 280E Penalizes State-Sanctioned Marijuana Companies and Undermines the Ability-To-Pay Principle

Joseph E. Thomas

Sep 28, 2026

Abstract

Abstract

This Comment argues that Internal Revenue Code § 280E unfairly penalizes state-licensed marijuana businesses by denying ordinary business deductions and taxing them on amounts that may exceed their actual profits. Examining the history of § 280E and recent challenges by marijuana dispensaries, the Comment contends that the provision undermines the ability-to-pay principle and threatens the viability of legitimate cannabis businesses operating under state law. It concludes that Congress should amend or repeal § 280E as applied to state-sanctioned marijuana companies.[This abstract was written by Microsoft Copilot, a generative artificial intelligence.]

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Joseph E. Thomas

first | ORCID 0000-0003-1222-7061

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@article{Thomas2026Puff,
  title = {Puff, Puff, Tax: Internal Revenue Code Section 280E Penalizes State-Sanctioned Marijuana Companies and Undermines the Ability-To-Pay Principle},
  author = {Joseph E. Thomas},
  year = {2026},
  doi = {10.31219/osf.io/ha468_v1},
  url = {https://doi.org/10.31219/osf.io/ha468_v1}
}

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