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Cannabis Law Blog

Posts by Asel M. Lindsey

Cannabis Law Blog

News and analysis focusing on the full spectrum of cannabis-related issues facing businesses, investors, financial institutions and all levels of government throughout the United States


Photo of Cannabis Law Blog Asel M. Lindsey
Senior Attorney
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Asel M. Lindsey is an associate in the Taxation and Estates group in Dykema's San Antonio office. Ms. Lindsey focuses her practice on federal tax, state and local tax, international tax and tax controversy matters.

Showing 1 post by Asel M. Lindsey.

The U.S. Supreme Court Denies Certiorari in Cannabis Case

On June 24, 2019, the U.S. Supreme Court denied petition for a writ of certiorari to review the decision of the U.S. Court of Appeals for the Tenth Circuit in Alpenglow Botanicals, LLC v. United States, 894 F.3d 1187 (10th Cir. 2018). Alpenglow Botanicals, LLC (“Alpenglow”) is a medical marijuana business, which operates legally in the state of Colorado. After an audit of Alpenglow’s 2010, 2011 and 2012 tax returns, the Internal Revenue Service (the “IRS”) assessed a deficiency against Alpenglow by denying a variety of its business deductions under section 280E of the Internal Revenue Code (the “Code”) and by concluding that Alpenglow had “committed the crime of trafficking in a controlled substance in violation of the CSA.” Section 280E disallows business deductions and credits for businesses engaging in trafficking of a Schedule I or II controlled substances. The federal government claims that marijuana is a Schedule I controlled substance, the possession or distribution of which is generally a serious federal crime.  Read More ›