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It’s Not All Fun and Games: The Cannabis Industry’s Downside | Cultiva Law, PLLC

cannamed by cannamed
December 1, 2021
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It’s Not All Fun and Games: The Cannabis Industry’s Downside | Cultiva Law, PLLC
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As legal professionals who concentrate on cannabis-related enterprise points, we love working within the hashish trade. We get to do difficult, personally satisfying work that straight helps our devoted, hardworking, artistic purchasers.

However we’re continually listening to from individuals who need to get out of the hashish enterprise as a result of it’s destroying their private lives. They really feel worn down by the pervasive stigma towards marijuana and the ensuing collateral penalties—from unhealthy to worst—of working within the hashish trade.

The Unhealthy: Skilled Backlash In opposition to Hashish Companies

Regardless of the unfold of hashish legalization within the U.S., the final stigma towards hashish stays robust. That is each baffling and utterly predictable. Sure, there’s a robust, constantly rising base of public assist for marijuana legalization. However we even have a protracted historical past of extreme punishment for marijuana possession, with heavy racial undertones. There are nonetheless folks within the U.S.—like Allen Russell in Mississippi—serving life sentences for possession of a few ounces of marijuana. Analysis has proven that these countries that harshly penalized cannabis possession and use experienced the most intense stigma. That unfavorable public sentiment received’t evaporate in a single day.

The skilled consequence of anti-cannabis stigma is that if you happen to—or any of your online business companions—preserve any sort {of professional} licensure, it could be tarnished by the implication that you just’re concerned in “unlawful drug dealing.”

We’ve even skilled this firsthand as hashish attorneys, however we’re not the one ones. Although marijuana has quite a few confirmed medical makes use of, many docs stay reluctant to prescribe it or sanction its use, fearing backlash from their employers or licensing boards. What if the accountant your online business makes use of to handle the books refuses to proceed working with you as a result of they’re being threatened by their certifying company?

Between private fallout and the shortcoming to maintain good assist, skilled penalties might be discouraging and demoralizing. But it surely will get worse.

 Worse: Monetary Penalties of Working within the Hashish Trade

For those who personal or function a cannabis-related enterprise, don’t count on to leap on the refinancing bandwagon the subsequent time residence mortgage rates of interest drop. In truth, your finest guess might be to buy your house—and some other belongings—outright, in money. As a result of hashish continues to be federally unlawful, FDIC-insured banks are unlikely to contemplate earnings from a marijuana enterprise in a mortgage software, which eliminates the potential for homeownership for a lot of hashish enterprise house owners. For those who can’t afford to purchase a house with out financing, you might want a cosigner, and also you’ll in all probability pay larger charges and charges to offset your obvious “threat.”

In that very same vein, hashish companies can’t usually apply for traditional enterprise loans, eradicating a layer of economic safety that’s obtainable to most entrepreneurs. And also you received’t get any tax breaks on your online business, placing you at one other drawback relative to different enterprise house owners. As a result of the Federal Authorities maintains you’re widespread legal, 280E doesn’t enable for tax write offs. Taxes for the hashish trade vary from 50% to 90%. That’s razor slim margins.

However the worst draw back of the hashish trade must be the private repercussions.

Worst of All: The Private Fallout of Working within the Hashish Trade

It’s one factor to have a financial institution deny your mortgage software as a result of some go well with in a stuffy workplace thinks you’re in all probability a legal. It’s fairly one other to listen to your soon-to-be-ex telling the decide in your custody case that you just’re a degenerate drug supplier. And have the decide agree.

Ought to it’s a must to go to courtroom for something—a divorce, baby custody dispute, private damage declare, enforcement of a contract, or perhaps a dashing ticket—be ready on your opponent to carry up your line of labor as proof that you just’re a slacker, unreliable, untrustworthy, and extra.

Whether or not you’re truly rolling in dough or simply barely scraping by, count on folks to imagine that you just’re perpetually carrying round a backpack full of cash. Plan on putting in a safety system to guard your house and household.

And get used to the seems you’ll get from individuals who make unwarranted assumptions about the kind of particular person you’re merely since you work within the hashish trade. Many will assume you’re continually excessive although you’re employed as exhausting on your online business as some other entrepreneur. Others will take without any consideration that you just’re a legal. It’s heartbreaking when your children can’t have mates over as a result of different mother and father suppose you’re a foul affect.

Devastating collateral penalties like these are undoubtedly the draw back of working within the hashish trade—however there are methods to arrange a hashish enterprise to attenuate these impacts. That’s a part of what we do at Cultiva Legislation. We’re right here to assist. All doom and gloom apart, you in all probability are going into this since you are passionate concerning the plant and see alternative. Simply be ready that it isn’t going to be all sunshine dabs and unicorn smoke.



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