For both sides
What is 280E and how does it affect a sale?
Federal and state law current as of September 2026 — verify with counsel.
Key takeaways
- IRC §280E blocks ordinary deductions on Schedule I/II trafficking. Adult-use still hits it as of September 2026. Qualifying medical activity generally does not, after 28 April 2026.
- Verify with counsel.
- State rules differ.
- Book a call if this is a live file.
What is 280E and how does it affect a sale is the file this page underwrites. IRC §280E blocks ordinary deductions on Schedule I/II trafficking. Adult-use still hits it as of September 2026. Qualifying medical activity generally does not, after 28 April 2026.
Direct answer to “What is 280E and how does it affect a sale?”?
IRC §280E blocks ordinary deductions on Schedule I/II trafficking. Adult-use still hits it as of September 2026. Qualifying medical activity generally does not, after 28 April 2026. That is the working answer as of September 2026. It is not a guarantee of price, timing, approval, or financing.
Who should ask “What is 280E and how does it affect a sale?”?
IRC §280E blocks ordinary deductions on Schedule I/II trafficking. Adult-use still hits it as of September 2026. Qualifying medical activity generally does not, after 28 April 2026. Owners, buyers, and counsel ask it at different times. HedgeStone asks it after the license class is known.
| Question behind “What is 280E and how does it affect a sale?” | Where to read next |
|---|---|
| Can the paper move? | Transfer rules |
| What is cash after tax? | 280E |
| Who may own it? | Eligibility |
| What is it worth? | Valuation |
A file that changes the answer to “What is 280E and how does it affect a sale?”?
Two stores with the same sales diverge because one sits under a converted-license lock and the other is clean limited paper. What is 280E and how does it affect a sale? without those facts is incomplete.
Cited sources that govern What is 280E and how does it affect a sale?: SAFE Banking Act of 2026, S.4942 and H.R.9471 were introduced in 2026 and are not law. Hemp SKUs must be read against CRS IN12620 on the 2026 hemp definition and CRS IF13136; the redefinition date is 12 November 2026. Federal Register 2026-08176 is the April 2026 medical / FDA-approved marijuana Schedule III order. IRC §280E still disallows ordinary deductions on Schedule I trafficking, which is why adult-use books stay in 280E.
If What is 280E and how does it affect a sale? mixes medical and adult-use, apportion. The April 2026 order is not a blended gift. Dual shops that dump all SG&A into the medical column will lose that fight with a 280E-literate CPA. Cite Federal Register 2026-08176 and IRC §280E in the same memo.
Related pages for What is 280E and how does it affect a sale?
Read transfers next if that file is open on What is 280E and how does it affect a sale?. contact is the companion page when What is 280E and how does it affect a sale? needs that angle. Keep FAQ index in the working set for What is 280E and how does it affect a sale?. Read sell next if that file is open on What is 280E and how does it affect a sale?. buy is the companion page when What is 280E and how does it affect a sale? needs that angle. Keep valuation in the working set for What is 280E and how does it affect a sale?. Read federal law next if that file is open on What is 280E and how does it affect a sale?. 280E is the companion page when What is 280E and how does it affect a sale? needs that angle.
Which public sources belong on this file?
Cite USCIS Policy Manual, U.S. Treasury, DEA drug scheduling, DEA diversion schedules. A forum post is not a substitute.
How should you underwrite What is 280E and how does it affect a sale?
What is 280E and how does it affect a sale has to lock as a license-and-tax file. In Maryland, scarcity can dominate. In Nevada, paper value can be near zero. Cited sources that govern What is 280E and how does it affect a sale: SAFE Banking Act of 2026, S.4942 and H.R.9471 were introduced in 2026 and are not law. Hemp SKUs must be read against CRS IN12620 on the 2026 hemp definition and CRS IF13136; the redefinition date is 12 November 2026. Federal Register 2026-08176 is the April 2026 medical / FDA-approved marijuana Schedule III order. IRC §280E still disallows ordinary deductions on Schedule I trafficking, which is why adult-use books stay in 280E.
| Check | Maryland | Nevada |
|---|---|---|
| Transfer / host | Verify agency | Verify city |
| Tax / 280E mix | Medical slice | Adult-use slice |
Frequently asked questions
What is 280E and how does it affect a sale?
IRC §280E blocks ordinary deductions on Schedule I/II trafficking. Adult-use still hits it as of September 2026. Qualifying medical activity generally does not, after 28 April 2026.
How does the November 2026 hemp clock matter?
P.L. 119-37 and [CRS IN12620 on the 2026 hemp definition](https://www.congress.gov/crs-product/IN12620) reset the definition on 12 November 2026. If this question includes intoxicating hemp, underwrite the post-rule catalog.
What multiple should you not use?
A 2021 MSO slide, a liquor-store rule, or a national slogan. Commentary 3x–6x is a conversation, not an appraisal of this question.
When should you walk away?
If the license is locked, the city will not host the buyer, the books cannot be rebuilt, or the hemp catalog dies in November 2026. Optimism does not repair this question.
How should the sale stay confidential?
Use a blind teaser and an NDA. Employees and landlords learn on a planned day. This question is not a Facebook post.
What capital actually funds these deals?
Seller paper, private credit, cash, or a sale-leaseback. SBA will not appear. [SAFE Banking Act of 2026, S.4942](https://www.congress.gov/bill/119th-congress/senate-bill/4942) is not a close condition for this question.
Sources
- IRC §280E — https://www.law.cornell.edu/uscode/text/26/280E
- Viridian Capital public commentary — Tier 1 U.S. MSO EV/EBITDA ~4.16x (2025 consensus)
- Federal Register 2026-08176 (28 April 2026) — medical / FDA-approved marijuana to Schedule III — https://www.federalregister.gov/d/2026-08176
- FinCEN FIN-2014-G001 — BSA expectations for marijuana-related businesses — https://www.fincen.gov/resources/statutes-regulations/guidance/bsa-expectations-regarding-marijuana-related-businesses
- SBA SOP 50 10 8 (effective 1 June 2025) — marijuana ineligibility — https://www.sba.gov/document/sop-50-10-lender-development-company-loan-programs
- USCIS Policy Manual — https://www.uscis.gov/policy-manual
- U.S. Treasury — https://home.treasury.gov/
- DEA drug scheduling — https://www.dea.gov/drug-information/drug-scheduling