Harborside Case Review and Lessons for CPAs, Dispensary CEOs & Investors

Background: Harborside Marijuana Facility Runs Into Trouble

The IRS just handed down yet another decision that further cements their position on the cannabis industry and how these businesses must deal with 280e and the other tax laws that restrict them from the same benefits that most other businesses use to save money. Here’s what happened.

Harborside Health Center, owned by Patients Mutual Assistance Collective Corporation, was one of the largest dispensaries in California. This action followed an unsuccessful civil forfeiture case where the federal government wanted to force them out of their lease (citing 280e). Harborside then decided to use the government's lack of action to their advantage, which ultimately didn’t work out in their favor in the end. Harborside sold many products other than medicinal cannabis, and also offered classes and services to their clients. Based on the wide range of products and services offered, Harborside wanted to be able to make tax...

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