Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 22 JULY 2024

Foreign Investment In U.S. Cannabis: Five Key Considerations

Harris Sliwoski
Explore more from Harris Sliwoski

Cannabis investments are difficult enough when the investor is a U.S.-based person or entity. But things can get immensely more complicated when foreign investment...

United StatesCannabis & Hemp
Harris Sliwoski
Harris Sliwoski
Author LinkedIn connections

Cannabis investments are difficult enough when the investor is a U.S.-based person or entity. But things can get immensely more complicated when foreign investment is on the table. Today I want to highlight some of the top considerations for foreign investors and U.S. cannabis companies alike.

1. Legality could cause serious headaches

To this day, cannabis remains federally illegal. State legality has zero effect on federal law. Even the possible rescheduling to schedule III of the Controlled Substances Act (CSA) will not make cannabis federally legal. Things are clearly a mess.

In our cannabis team's experience, a huge number of foreign investors do not appreciate the nuances between state and federal law and how it could effect them. For example, federal tax laws are unforgiving and don't allow standard deductions for marijuana businesses. Additionally, federal illegality means that businesses will be siloed without interstate commerce, can't get access to

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

See more popular content from

Article

The Intoxicating Hemp Products Ban Was Delayed A Month. Now What?

The House has passed a short-term funding bill postponing the federal ban on hemp-derived THC products from November 12th to December 11th. With comprehensive legislation unlikely before the new deadline and competing interests from cannabis sellers, alcohol producers, and state regulators creating policy gridlock, the future of intoxicating hemp products remains uncertain as midterm elections approach.
United StatesCannabis & Hemp
Harris Sliwoski
Harris Sliwoski
Article

"Marijuana" Rescheduling Delayed, Again. What It Could Mean, And What Comes Next

The DEA's marijuana rescheduling hearing has been unexpectedly stayed following a motion to admit a new GAO report examining agency scheduling procedures. With the proceeding on hold and the medical marijuana Schedule III order facing legal challenges in the D.C. Circuit, the cannabis industry's path to federal tax relief through rescheduling has become increasingly uncertain.
United StatesCannabis & Hemp
Harris Sliwoski
Harris Sliwoski
Article

IRC Section 280E And Cannabis Tax Planning: Recent Developments And Practical Considerations

The landscape surrounding Section 280E of the Internal Revenue Code continues to evolve with President Trump's Executive Order on medical marijuana rescheduling, advancing litigation in New Mexico Top Organics v. Commissioner, and shifting regulatory signals. Cannabis taxpayers face critical decisions about taking "non-280E" positions on their tax returns while the IRS maintains its enforcement stance and the U.S. Tax Court case addressing common arguments remains pending.
United StatesCannabis & Hemp
Foley Hoag LLP
Foley Hoag LLP