

Ep. 74: Cannabis Rescheduling & 280E: Does It Really Mean Tax Relief?
🎙️In this episode of Under The Microscope with Jenny, host Jenny Germano sits down with Rachel Gillette, Partner, Cannabis Industry Group at Holland & Hart, to discuss whether federal cannabis rescheduling really means tax relief for cannabis operators. Rachel explains the April 2026 federal action placing qualifying state-licensed medical marijuana in Schedule III and how that differs from the broader proposal to reschedule marijuana. She breaks down 280E and how Schedule III treatment can affect the deduction of ordinary business expenses for qualifying medical cannabis operations. The conversation covers questions surrounding retrospective 280E relief, expense apportionment for co-located medical and adult-use operations, IRS audits, refund claims, and the New Mexico Top Organics/Ultra Health case. They also discuss an IRS action involving TerrAscend and what operators should understand before assuming rescheduling automatically eliminates their tax exposure. Jenny and Rachel discuss DEA registration, evolving federal compliance expectations, inspections, and the potential compliance costs. The episode also explores the uncertainty surrounding adult-use cannabis, interstate commerce, international treaty requirements, and how operators can begin preparing for changing federal expectations. This episode delivers practical insight for cannabis operators, business owners navigating cannabis rescheduling, 280E, DEA registration, federal compliance, tax planning, and the evolving relationship between state-licensed cannabis businesses and federal regulation. 🌿𝗢𝘂𝗿 𝗛𝗼𝘀𝘁: Jenny Germano, Founder of ICS Consulting 🌎 𝗜𝗖𝗦 𝗖𝗼𝗻𝘀𝘂𝗹𝘁𝗶𝗻𝗴: https://www.icsconsultingservice.com 🌿𝗢𝘂𝗿 𝗚𝘂𝗲𝘀𝘁: Rachel Gillette, Partner, Cannabis Industry Group at Holland & Hart LLP 🌎𝗪𝗲𝗯𝘀𝗶𝘁𝗲: https://www.hollandhart.com ⏰𝗧𝗶𝗺𝗲𝘀𝘁𝗮𝗺𝗽𝘀⏰ 00:40 Rachel Gillette Introduction 04:18 Rescheduling Explained 07:30 Ultra Health Test Case 11:34 How 280E Works 16:18 DEA Registration Basics 22:18 Compliance Costs and Risks 25:23 Unknowns & Future Shifts 29:01 Preparing for Inspections 31:51 280E Retroactive Relief 33:10 State vs Federal Compliance 37:01 Planning for Tax Relief 38:13 Refund Claims & Audits 41:31 Why 280E Fuels Black Market 44:33 Rescheduling Confusion 50:22 Common Misconceptions 55:04 Final Thoughts & Wrap Up 𝗟𝗲𝗴𝗮𝗹 𝗗𝗶𝘀𝗰𝗹𝗮𝗶𝗺𝗲𝗿: The content shared on this channel - including all videos, podcasts, interviews, and discussions is provided for educational and informational purposes only. It is not intended as legal, compliance, or business consulting advice, and should not be relied upon as such. Laws and regulations surrounding cannabis and related industries vary by jurisdiction and are subject to change. Always consult with a qualified attorney or licensed professional before making decisions that could have legal or regulatory consequences for your business. Listening to or viewing this content does not create a client relationship between you and ICS Consulting, Under the Microscope with Jenny, Jenny Germano, or any of the podcast’s guests. Any opinions expressed are those of the individual speakers and do not necessarily reflect the views of ICS Consulting or its affiliates.


















