Tax & FinanceNew Mexico-Mar 12, 2026

IRS Disputes Cannabis Company's Challenge to 280E in Tax Court

Source: Marijuana Moment-Read original article

Key Takeaway

The IRS filed arguments in Tax Court against New Mexico cannabis company Ultra Health, which challenged the applicability of Section 280E. The IRS called Ultra Health's argument for the court to conduct its own rescheduling review an 'imaginary process.'

What This Means for Cannabis Businesses

Tax developments like this directly impact the bottom line for every cannabis operator. With Section 280E creating effective tax rates above 70% for many businesses, any shift in federal tax policy - whether through rescheduling, court rulings, or IRS guidance - can mean the difference between profitability and closure. Cannabis business owners should work closely with a specialized CPA to understand how these changes affect their specific situation.

New Mexico Cannabis Market Overview

New Mexico launched recreational sales in 2022 with consumption lounges permitted, making it a unique market for cannabis tourism. The state has approximately 500 active cannabis licenses and 3 licensed testing laboratories. There are 48 cannabis professionals serving New Mexico businesses on our directory, including CPAs, attorneys, and compliance consultants.

This analysis is based on reporting by Marijuana Moment. Read the original article. CannaBizGuide provides original commentary and analysis - this is not legal or tax advice.