The Cannabis industry is undergoing transformative changes, with rescheduling imminent and valuations expected to surge. This comprehensive overview from the 2024 AICPA Cannabis Conference highlights crucial developments affecting businesses, investors, and service providers in the space. We cover:
- Industry support and leadership
- The cannabis legalization landscape
- Rescheduling Updates
- Financial and Tax Implications of Rescheduling
- Industry Challenges and Opportunities
- The Future of Cannabis After Rescheduling
Let’s dive right in.
Industry Support & Leadership
The conference demonstrated unprecedented institutional backing for the Cannabis industry, featuring top executives from major accounting firms, government agencies, and legal practices.
The impressive lineup of industry leaders and experts included:
- Carla McCall, CEO of AAF (top 100 accounting firm) and AICPA Chair
- Luke Ortner, Senior Counsel at the IRS Office of Chief Counsel
- Nathaniel Pollack, former DOJ Cannabis Practice Division leader
- Aaron Smith, founder of NCIA
- Ron (leading Cannabis valuation expert)
- Legal experts from top firms like Holland & Hart and Vicente
This high-level participation signals growing mainstream acceptance and professionalization of the Cannabis sector. For the first time in history, we’ve got one of the two major parties in the United States (the Democratic Party) expressing their full support for Cannabis legalization.
The Cannabis Legalization Landscape
Cannabis legalization continues to expand across the United States, with half the states now allowing adult use and more preparing for legalization votes. The overwhelming public support is driving rapid market growth and regulatory changes.
Current State of Legalization
- 25 states now have fully legal Cannabis (similar to alcohol regulations)
- Additional states maintain medical marijuana programs with substantial markets
- New developments:
- North Dakota, Nebraska, and Florida preparing for full legalization votes
- Pennsylvania legislators introducing full legalization bill
Public Support
- 8 out of 10 Americans support Cannabis legalization
- This unprecedented level of bipartisan agreement has driven rapid market growth
- The legal market has expanded from zero to $40 billion
Rescheduling Updates
Cannabis rescheduling to Schedule III appears inevitable, supported by federal agencies and public opinion. This change will fundamentally transform the industry’s business operations and financial landscape, particularly regarding tax treatment and banking access.
The Path to Schedule III
- HHS and FDA have approved moving Cannabis to Schedule III
- The public comment period resulted in:
- 40,000 comments received
- 92% positive responses
- 57% advocating for complete de-scheduling
- December 2nd ALJ hearing scheduled
- The broad consensus among experts: rescheduling to Schedule III is “a done deal”
Political Support
- Bipartisan backing emerging
- Both major party candidates showing support:
- Current administration backing Cannabis reform
- Trump expressed support for medical Cannabis and Florida’s approach
Financial & Tax Implications
The rescheduling of Cannabis to Schedule III will eliminate 280E tax restrictions for the industry, potentially leading to an eight-fold increase in company valuations. This change is expected to trigger significant investment activity and market consolidation.
280E Impact
- 280E currently applies while Cannabis remains Schedule I
- Will cease to affect the Cannabis industry once Schedule III status is achieved
- Businesses should prepare for transition but maintain compliance until official rescheduling
Valuation Implications
According to Viridian Capital:
- Company valuations are expected to increase significantly post-rescheduling
- Current estimated value per share: $1.76
- Projected value post-Schedule III: $13.36 (approximately 8x increase)
- Increased institutional investment is expected
- A surge in M&A activity anticipated
Industry Challenges & Opportunities
While the industry faces challenges with intoxicating hemp products and regulatory complexities, significant opportunities exist in professional services, technology integration, and market expansion. The sector must balance rapid growth with regulatory compliance and operational efficiency.
Emerging Issues
- Intoxicating hemp products creating market complications
- Need for updated Farm Bill regulations
- State-by-state market variations affecting business values
Growth Areas
- Client accounting services showing strong growth potential
- AI emerging as a top consideration for firms
- Talent acquisition and retention remain crucial challenges
Looking Ahead
The Cannabis industry is at a pivotal moment, with regulatory changes, market expansion, and increased institutional investment creating unprecedented opportunities for growth and professionalization. Businesses should prepare for rapid transformation while maintaining compliance with current regulations.
Join the Future of Cannabis Finance
As the Cannabis industry enters this transformative period, the need for qualified financial professionals has never been greater. For accounting professionals interested in serving this dynamic market, DOPE CFO offers a nationally recognized program that provides comprehensive training in Cannabis-specific accounting practices and high-level CFO services.
Whether you’re an accounting professional looking to expand into Cannabis or a business owner seeking expert financial guidance, DOPE CFO’s network of Certified Advisors is ready to help navigate the industry’s evolution.