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hashish and CPAs: The business opportunities and risks | CIMAPRO15-E03-X1-ENG Braindumps and Test Prep

cannabis for medicinal or leisure use is a quick-turning out to be business, and the advisory alternatives for accountants in the trade are also becoming. along with these opportunities are rising issues on the regulatory and risk fronts. Ron Seigneur, CPA/ABV, the managing accomplice of Colorado firm Seigneur Gustafson LLP, shares more on the theme, including what to seek in proposed federal legislations. Seigneur is scheduled to communicate in December at the AICPA and CIMA hashish business on-line conference.

What you’ll be taught from this episode:

  • an evidence of the difference between hashish, hemp, and marijuana.
  • greater on the cannabis-selected suggestions for accountants offered by means of the AICPA and the national affiliation of State Boards of Accountancy.
  • The professional dangers to believe before including consumers from hashish-linked industries.
  • The COVID-19 pandemic’s impact on cannabis agencies.
  • Why legalization in some states doesn't imply these states turn into hashish epicenters.
  • How legislations may change the panorama for cannabis companies.
  • Play the episode below or study the edited transcript:

    To touch upon this episode or to indicate an idea for an additional episode, contact Neil Amato, a JofA senior editor, at


    (Editor’s word: This dialog became recorded in July and has been edited for readability)

    Neil Amato: Joined on the podcast by Ron Seigneur of Seigneur Gustafson LLP in Colorado, we’re speakme nowadays relating to cannabis, which is a growing to be probability for accountants. Ron, thank you for being on the podcast.

    Ron Seigneur: completely. satisfied to do it.

    Amato: Let’s first define some phrases, so we’re clear. what's cannabis? How is it different from marijuana or pot or hemp?

    Seigneur: That’s a pretty good location to start, Neil. If a hashish plant has high THC content material, it’s marijuana. If it has low THC content, it’s hemp. And there’s loads of issues which have came about over the closing several years in terms of the 2014 and 2018 federal farm expenses that have defined what agricultural-grade hemp is. in order that they each come from the hashish plant. And there’s a lot of confusion as a result of when people say hashish, lots of the time they’re considering of THC marijuana cannabis. so they’re type of used interchangeably.

    Amato: Gotcha, thanks for that. Spending on prison hashish products in the U.S. in particular, what’s the trend, so one can help listeners gauge the probability that’s out there.

    Seigneur: awesome question. First, I’m going to call it cannabis. except I say in any other case, I’m regarding felony, regulated marijuana, the THC cannabis. And let’s just maybe, in case you don’t mind, THC is tetrahydrocannabinol, one of the crucial cannabinoids that’s in the cannabis plant. It’s the one cannabinoid that has hallucinogenic homes.

    And so I feel we’re talking about type of what’s the trend on spending for hashish that has THC in it. It’s growing to be. The social acceptance of cannabis is starting to be, now not simply in the U.S. however around the world. There are stories that are finished. Arcview is a extremely smartly-identified facts analytics enterprise in the cannabis area. and they’re projecting that legal, regulated cannabis might be about a $10 billion industry for the medical segment — here's within the home U.S. — in 2022.

    And the recreational or grownup use, type of used interchangeably, can be about $10 billion, maybe about $11 billion. but the illicit market is projected to be $28 billion. So whereas felony, regulated hashish, each in clinical and grownup use, is growing to be, partly because of the further states that are coming online, the illicit market is also continuing to grow. So average cannabis is a starting to be phase, each the felony, regulated facet and the illicit side.

    Amato: And we’ll speak just somewhat extra about form of the trend, and maybe how there are some pandemic-specific tendencies occurring. however first, may you sum up the highlights of counsel, as far as it relates to accountants and from state boards of accountancy. as an example, I wager in January 2019, 14 state boards had issued particular suggestions. How has that changed, if any, over the past 18 months or so?

    Seigneur: In anticipation of that question, i was out searching around the closing few days to peer if I could locate any further states that have issued some variety of place statement or advice. essentially the most contemporary element I may locate is the paper that’s produced by using the AICPA and NASBA, the national association of State Boards of Accountancy, a January 2019 paper titled providing functions to agencies within the Marijuana trade.

    And it lists all of the states where state boards of accountancy have issued some kind of a place on licensed CPAs in that specific jurisdiction working with hashish consumers. and that i’m an authorized CPA in Colorado. Colorado issued a position commentary, I feel in November of 2015, that I feel is pretty in step with many of the different state boards that truly says they are adequate with licensed CPAs in their jurisdiction working with prison, regulated hashish agencies as long as you comply with all professional requirements, together with the code of behavior. that you just still should use due care and adequate supervision and enough imperative evidence and all of those tenets that sort of [are under] the umbrella over being a CPA in public follow. nonetheless it also is pretty clear that it doesn’t supply us a get-out-of-reformatory-free card if the feds come knocking at some aspect.

    in order that’s nevertheless the elephant that people deserve to be mindful has to be up on the table in the event that they’re for the reason that engaged on the cannabis area, that it’s still deemed unlawful beneath the controlled resources Act, which was passed during the Nixon administration in the 1970s. And within the controlled resources Act, marijuana is a agenda 1 substance, corresponding to heroin and LSD.

    And when you are concerned in that, you will also be accused of aiding and abetting. So legal professionals, accountants, advisers nevertheless have the specter of the controlled components Act kind of elevating its head at some element. presently I suppose there’s a fairly low chance. however that’s the rub that’s accessible that people need to be aware of.

    Amato: You mentioned that AICPA and NASBA document, and also you touched on codes of behavior. So, are the state boards — how tons hashish specifics are they placing in these codes of habits, if any?

    Seigneur: and i have to just use Colorado as my factor of reference, as a result of that’s the place I practice and that’s where I grasp my license. but in speaking with other colleagues in other jurisdictions, I don’t feel there’s a number of consideration being given to it. The key is, it’s a turning out to be business on the legal side. It’s arguably the largest states’ rights situation in entrance of us these days.

    I mean, there’s immigration and all of the other issues. but the battle between states like Colorado, the place the voters pointed out they are looking to permit access to cannabis with the aid of vote of the citizens, where it’s legal beneath state legislation and nevertheless illegal under federal law, has created, frankly, an area where some practitioners may also choose to say, “I’m not inclined to go there yet, until the federal legislation is resolved.”

    I haven’t seen plenty, other than the position statements that each state has issued for CPAs working towards of their selected jurisdiction, I haven’t seen loads of different pastime.

    Amato: On the legislative facet, either state-wise, federally, any stream? What would you say is the state of things on the legislative facet?

    Seigneur: There are two items of legislation on the federal stage that are very significant to be aware about. And probably the most renowned is the secure [Secure and Fair Enforcement] Banking bill that would enable federal approval of banking to the felony cannabis industry that become held up in the approaches and capacity Committee of the condominium for an extended duration. eventually went to the floor of the condo of Representatives and handed closing September, 421–103, by a larger margin than anyone had anticipated.

    It’s now stuck on the desk of Mike Crapo, the senator from Idaho who is the chair of the Senate Banking Committee. And Idaho is one of the 4 states that wishes nothing to do with now not only marijuana, however with hemp and CBD, and he controls when the safe Banking invoice would get to the flooring of the Senate.

    We have been briefed by using Rand Paul a few months in the past, a senator from Kentucky, who informed a exchange group here at the country wide hashish business affiliation, which is primarily based right here in Denver, and it’s arguably the most neatly-respected nonprofit alternate community representing the career. And Sen. Paul became there for a fundraiser. And he noted that if the safe Banking invoice bought to the flooring of the Senate, he envisioned it could pass also with the aid of a wide margin. And he mentioned the Trump administration has already signaled that they would sign it.

    So if that secure Banking bill gets to the floor of the Senate, it will flow and most likely be signed into legislation by the White apartment, would allow federal banking. and also you would see Wells Fargo and Chase and Citibank being able to get into hashish banking. and i consider, as do lots of my colleagues that work in this area, that that itself would push the federal govt to resolve the leisure. If we’re going to let Wells Fargo financial institution hashish, let’s repair the controlled supplies Act and figure out no matter if it’s criminal federally or no longer, as opposed to it’s form of a chess online game presently.

    The other piece of legislations is referred to as the Strengthening the Tenth modification through Entrusting States (STATES) Act. That’s a bit of law that is also stuck in committee in Washington.

    The STATES Act would enable states that have passed criminal cannabis, like California and Washington State, Colorado and Illinois, if that would circulate, they'd be out from underneath the managed substances Act. but states like South Dakota and Idaho and Nebraska that aren’t there yet would nevertheless be in a position to enforce the controlled supplies Act.

    in order that’s an enchanting piece of federal legislation that's, further and further individuals are announcing, you understand, maybe once they get past the November election, there might be some flow on that. however that spoke of, I don’t suppose we’re going to look the rest movement on both of these expenses until they get previous November.

    Amato: How has the coronavirus pandemic affected hashish-linked businesses?

    Seigneur: extremely. The phrase that I hold seeing kicked around is cannabis has long gone from illicit to essential. In most every state that has entry to marijuana, it’s been deemed an important provider and allowed to reside open, with some alterations in how they dwell open. So it’s long past from being deemed illicit to being deemed primary. And that’s been taken capabilities of.

    however what’s happened is, each jurisdiction, every state, and each municipality defined what access is, the place that you can have a dispensary and what hours the dispensary will also be open. And most in the beginning observed that you could’t go inside. So, the primary issue that came about is they saw the advent of curbside delivery of the essential provider of hashish.

    the entire dispensaries in Colorado had pressure-via lanes with the bud-tenders. those are the people like a financial institution teller, the people in fact sell you the cannabis and verify your id. They have been doing it at motor vehicle windows, beneath rules and protocols that were prescribed with the aid of the native jurisdictions. That became very typical in most different jurisdictions. however the element that I suppose is captivating is home beginning has taken off in some communities.

    Nevada, when the pandemic hit, they closed the entire dispensaries, but they noted, we’re going to allow you to convey 24 hours a day, seven days per week, domestic birth. so you go onto the web page, you order what you desire, and they force it out to your condominium or your resort, and that they bring it like they would a pizza. There’s a dispensary known as Planet 13 that’s based mostly in Las Vegas that has one hundred start drivers in 30 vehicles and that they’re planning to add an additional 20 cars which are providing cannabis, you be aware of, all day each day. And that wouldn’t have happened however for the pandemic implications.

    simply as a different example, Neil, los angeles — California’s had felony entry to cannabis longer than some other state, however only roughly 30% of the municipalities all over the entire state have handed ordinances on the municipal level to permit dispensaries to do enterprise. And one of the most areas that has had very restrained entry to prison regulated hashish is the metropolis of la. And there’s a large concern going on with social fairness, and they will focus on that just a little.

    but they’re within the procedure at the moment of awarding 60 what they call nonstorefront dispensary licenses, meaning 60 new licenses in the L.A. enviornment in an effort to just be birth best. They don’t also have a storefront the place which you can go buy it. They’re just licensed to do delivery of cannabis — 60. I consider that’s fairly superb in and of itself.

    Amato: That’s a superb factor. I read a brand new York instances article. Oh, and i’ll say that we’re recording in mid-July, but the fresh to this recording ny times article talked concerning the growing to be revenue of hashish edibles in particular. And it become, as you pointed out, and that i’ll read a little bit from the article: “more than a dozen states declared cannabis retailers and scientific marijuana dispensaries as primary agencies, alongside pharmacies and grocery outlets.”

    So yeah, it's something it really is, you be aware of, people are finding ways to get it, to carry it. Is the money or cashless change affecting the business in any respect? I remember, i could now not be relevant, that lots of cannabis dispensaries are money only? Or had been?

    Seigneur: Most of them are cash best. Colorado has banking for the most half for cannabis via state-chartered credit score unions and community banks which are outside the huge federal banks. It’s expensive, nevertheless it allows access. those banks and credit unions have access to stream funds in the course of the Federal Reserve gadget, so you can deposit your marijuana proceeds and write tests and electronically publish your payroll.

    but you don’t have access to prevalent loans like you at all times would as a business financial institution customer. and also you don’t have access to credit score playing cards. The industry doesn't settle for credit playing cards. and that i’m not privy to anywhere yet it is accepting credit playing cards. There’s some experimentation going on with debit cards for marijuana purchases. however most every thing is money.

    however even that’s changing. I shop at Kroger, at King Soopers here in Denver. however as of Sunday they now not, any place in the Kroger grocery chain, they don’t provide out trade anymore. No exchange is stored in the cash registers on the grocery store. So if you pay on your groceries with cash and you get the bills again, but the exchange is put onto your Kroger card because they don’t need the cashiers handling exchange. and that i simply say that over here as a result of I think things are altering on account of the pandemic which are going to implicate how hashish transactions are finished and vice versa.

    but for probably the most half it’s a money company. It’s awesome how a great deal cash is moved in the course of the cannabis trade. Colorado, it’s a billion-dollar business, simply the regulated, felony facet is a billion-dollar-a-12 months trade. And with money, I’m surprised there hasn’t been greater violent crime chasing big bundles of money which are moved round. There’s security capabilities like Brinks which are tailored to the hashish business that come by way of and opt for up the cash from the dispensary and take it to secure houses or they take it correct to the Federal Reserve and drop it off to are attempting to as a minimum get the money off the streets, to be able to communicate.

    Amato: The professional considerations for those working in cannabis-related groups absolutely are a large number of. We’ve variety of touched on some of these. but may you go over what’s rising on the chance entrance besides the ones that we’ve already discussed?

    Seigneur: Yeah, neatly, their enterprise does tax compliance work for selected cannabis groups. And again, I’m prison, regulated. They want to be certain that if they take a hashish client that they're safely licensed beneath the state. It’s referred to as the Marijuana Enforcement Division (MED), which is a component of the Colorado branch of salary. It’s a mannequin that has been emulated in different states, in different international locations, as a rely of fact. Uruguay legalized hashish during the entire country, and that they sent 100 americans to Colorado to analyze the framework that’s used right here to adjust hashish.

    There’s an entire gadget, it’s referred to as METRC, which is an acronym for kind of a degree-of-sale equipment that every time you’re on the legal side, each transaction, whether you’re turning out to be it, harvesting it, processing it, or retailing it, gets input into METRC day by day and suggested to the MED. So there’s some basically serious protocols to song the regulated income of hashish. So, you know, if you’re working in an area, you need to comprehend what’s occurring in your jurisdiction.

    You understand, and that i’m the usage of Colorado as an instance, but if you’re a CPA in Michigan or Massachusetts or Washington state, learn the way it’s regulated. discover variety of what the license necessities are. find out who you’re working with, because you need to work with the americans that are attempting to do it right. past that, discuss with your malpractice assurance provider. They use CAMICO. And we’ve interacted with them, and they are, they’re respectable with it. they've a person there.

    We do a lot of valuation- and damages-linked work. That’s kind of what my emphasis is. but you understand, it’s, I mean, confer with your different partners. be sure that you simply believe the influence on different consumers, as a result of there’s still a segment of the inhabitants that’s like, “I’m now not decent with cannabis since it’s illegal federally, and it’s just morally no longer desirable to me.” so you are looking to be certain that you just go into it with your eyes open.

    however I’ll tell you, it’s a $20 billion-a-year business on the regulated legal side. and that they want support. You understand, they’re paying lots of taxes. Some states, like Arizona and Michigan, require audited financials as a minimum annually in case you’re a license holder. so they want CPAs that may do attestation work.

    I’ll just mention before I lose the notion, there’s a controversy at the moment that’s rising. It’s inner revenue Code part 471(c), that enables businesses that are under $25 million in sales to deduct all of their can charge of items offered and not preserve any stock.

    And that’s a commonplace provision that came with the Tax Cuts and Jobs Act that was passed into legislations on Jan. 1, 2018. Many people are searching on the implications of that in cannabis, because of the implications of what’s referred to as section 280E that limits definite deductions, and asserting that there’s a chance below this provision to increase some deductions in cannabis house.

    and frankly, they simply had a big call with a cannabis legislations legal professional the day prior to this, trying to type out the place they stand on that because their cannabis tax plans are form of, they don’t want to miss whatever thing for them and then be held dependable as a result of they didn’t take advantage of them. but that’s simply an instance of how issues are relocating round.

    Amato: appropriate, and those are really respectable, real examples. here's a big election yr. You’ve touched on elections and competencies effect. but reckoning on those consequences, how a great deal of an inflection point might this be for the cannabis business?

    Seigneur: I consider it’s becoming one of those areas where, as they get into the debates and they get closer to the real elections, further and further candidates are going to be asked, “where do you stand on prison cannabis?” lots like where do you stand on immigration and where do you stand on different issues. It’s a large difficulty. The framework that Joe Biden simply announced, that contains what Bernie Sanders has, would legalize hashish as considered one of their pointed out pursuits.

    The existing White residence has indicated that, beneath the suitable protocols, they’re inclined to legalize hashish. So I think both parties are variety of relocating in that direction. and that i’m attempting to be completely apolitical. nevertheless it’s a controversy at this time. It’s an issue. the place do you stand on this? and i feel more and more individuals are looking on the — Gallup does a survey and the closing one I noticed, which is probably a few year ancient, 65% of americans say hashish is morally perfect. no matter if or now not they use it, they are saying it’s adequate if others do.

    and that i’ll sum it up this way, Neil. I chaired a cannabis legislations symposium for the Colorado Bar affiliation. And their keynote changed into Jason Dunn, who’s the U.S. attorney for Colorado, the chief federal legislations enforcement officer for the state under the federal executive. And he made a press release, he mentioned, “seem, folks, they tried prohibition and that didn’t work so neatly.” And he stated with hashish, it’s now not going away.

    I think everyone agrees it’s going to be here, whether it’s the man on the corner, you be aware of, that you simply buy from on a Friday otherwise you go to a licensed dispensary. He spoke of if people are going to purchase it, they must tax it, examine it, and control entry to it. So he’s announcing, you comprehend, if individuals are going to be the usage of it, they must be sure that they’re purchasing product that doesn’t have pesticides or fentanyl in it. They ought to tax it, like they do alcohol. And they should control access to it.

    and i suppose that’s what’s occurring in lots of states. It’s enjoyable to observe. We’ve got circumstances now in Nevada, Illinois, Virginia — a medical mission they did there. Massachusetts. looking at the states sort of roll out their access to hashish is form of charming.

    Amato: are you able to explain the hashish business supply chain and the different types of entities all the way through that chain, and what alternatives there are for accountants to work with the a variety of avid gamers within that ecosystem?

    Seigneur: Yeah, completely. There are some higher entities that use the term “seed to sale.” That they’re involved in seeds and clones and genetics of transforming into the distinct strains of hashish, cultivating it, harvesting it, processing it, and branding it and retailing it. those are variety of the sectors, in case you will. and every one may use its own dialogue. but there are businesses which are in fact first rate at being vertically built-in. They develop their personal product from their personal strains and stock, and that they procedure their product, and i’ll focus on processing in a minute.

    and they equipment it and brand it and sell it of their own dispensaries and sell it to different dispensaries. There are others which are saying, “We’re simply basically decent transforming into it, and we’re just going to be cultivators. And we’re going to promote it wholesale to others and allow them to do what they do.” There are others, specially in the edibles, that are just saying, “We’re going to be definitely first rate at making the premiere chocolate-infused hashish or tinctures or drinks.”

    And others that are just announcing, “We’re simply going to retail it. We’re going to buy product from others, and they now have a very good vicinity, and we’re simply going to be marketers.” So it’s fascinating to peer type of the bifurcation that’s occurring, each in terms of form of saying, “Let’s simply cultivate,” “let’s just process,” “let’s just retail” and those which are saying, “Let’s do it all.” And we’re doing it so well in Colorado, there’s a few big-name brands right here that are increasing in other states.

    So, if you’re a CPA working, it’s like, variety of recognize those distinct segments. And let’s simply speak for a second about the processing. as a result of in case you grow hashish, it grows, you recognize, and you have trim and flower. And within the old days you trim the flower off and dry it out, and also you’d sell that. americans would take it. They’d smoke it in a pipe or roll it into joints. And the trim became variety of a byproduct that was processed into THC oil.

    And now the edibles have become so regularly occurring that there’s a movement in opposition t taking complete plants and working them via an extraction method, which in and of itself is charming. since the know-how of extraction is changing so right now, and there are americans stepping into it because they need to be the ultimate extractor and getting the whole spectrum, full entourage, THC that has the entire terpenes and fundamental oils as a result of that’s what individuals suppose are the holistic health components of it.

    So there’s just a number of stuff happening in each and every of these diverse segments that I believe as a CPA you deserve to sort of take into account, “good enough, I’m going to be working with a cannabis customer, and where are they in that universal spectrum?” Plus, all of the ancillary functions. all the guide features of, they have a client that does nothing but produce the childproof caps and bags and stuff that you simply put the pot in when you sell it at a dispensary, that are in accordance with native suggestions.

    You know, that you may’t sell it to somebody without it being put in some form of a childproof container, since it’s a drug. And so, all they do is sell the notably designed bags and childproof cap-classification stuff. So, simply as an example. software. I mean, there’s a whole bunch of adjustments going on with the know-how of point of sale and that type of stuff.

    Amato: For these in public accounting who are within the trade, in the hashish industry, I imply, what are the superior or most usual routes to growth of their service lines, or making it more ecocnomic?

    Seigneur: neatly, if you’re already in it, I bet you first deserve to look at kind of the place are you in it. seem at the jurisdiction and no matter if it’s a comparatively mature market versus one that’s simply type of kicking off. i would say Colorado’s reasonably mature, you recognize? And there’s a lot of people right here that are really first rate at prison issues and bookkeeping concerns and the styles of issues they do.

    Oklahoma, as an example, has just allowed medical cannabis, and it charges $250 to get a license to grow scientific hashish in Oklahoma. and i examine that there are 2,500 license holders that are all growing small plots of hashish. And a lot of people are heading to Oklahoma as a result of they wish to be cannabis farmers. nonetheless it’s sort of like, be careful, as a result of at some factor, Oklahoma can’t help 2,500 hashish growers.

    So, just be careful. There’s a shakeout coming, too, and the consolidation is underway in terms of the smaller operators having a tough time competing with the vertically built-in individuals that form of, you recognize, have it down.

    Amato: That’s a fine point about Oklahoma. You’re right, likely, as a result of these items can’t go across state traces, that’s suitable?

    Seigneur: Oh, I’m completely satisfied you made that point. as a result of if they see a change in the managed resources Act, perhaps on account of protected Banking being handed into legislations — at the moment you’re appropriate that if you produce cannabis in Colorado or Nevada or California, that you may’t take it across state strains legally. but if those barriers came down and there was interstate commerce, it could have important implications on the industry.

    California has a neighborhood referred to as the Emerald Triangle, which is the three northernmost counties: Humboldt, Trinity, and Mendocino. They cowl about 10,000 square miles. And there have basically been television series on the Emerald Triangle. murder Mountain become one that become on Netflix. They’ve been starting to be pot there because the ’50s and ’60s. And estimates are they grow about 12 to 14 million pounds of excessive-grade cannabis a year in the Emerald Triangle, and eighty% of it leaves California illegally and comes to other areas.

    So there’s no longer handiest the specter of felony interstate commerce occurring, however there’s also the specter of the feds beginning to crack down greater on these unlawful grows. americans are amazed that there hasn’t been extra attention given to southern Oregon and northerly California, however the entire economy up there is dependent on it. You create form of a social disaster if you put these unlawful growers out of business. And that’s a part of why there’s a $28 billion illegal industry carrying on with to thrive and grow.

    Amato: Ron, thanks. This has been outstanding. anything else quickly to claim in closing?

    Seigneur: Neil, i'm hoping this podcast is beneficial for folks. I appreciate the possibility to try this interview.

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