Cannabis Industry Accounting and Appraisal Guide, 2nd edition
May 2023 Hardcover, PDF (340 pages)
Brenda Clarke, Ron Seigneur, Stacey Udell
The Cannabis Industry Accounting and Appraisal Guide, 2nd edition Includes:
- Summaries of 17 landmark marijuana court cases
- Sample risk assessment framework and appraisal report tailored to the unique demands of the cannabis industry
- A robust library of industry trade groups, on-line resources, education and conferences
About The Authors
Contributors
Introduction
CHAPTER 1: What is Cannabis?
Cannabis
Hemp and CBD.
Delta-8
CHAPTER 2: History and Regulation of Cannabis
History of Federal Cannabis Regulation
Department of Justice.
Recent Cannabis Reform Efforts
State Regulation of Cannabis
CHAPTER 3: Why is the Cannabis Industry so Hot Today?
The Need for Private Investors
Cannabis Enters Mainstream Financial Markets
Industry Challenge: A Changing Regulatory Environment
It’s Not All Rosy: Words of Wisdom Moving Forward
CHAPTER 4: Exploring Entity Structure Options
Sole Proprietorships
Partnerships
Limited Liability Companies
Corporations (C Corporations)
S Corporations
Use of Multiple Entities
Non-Profits
CHAPTER 5: Accounting and Bookkeeping Fundamentals
Accounting Methods
Accounting Principles and Concepts
Accounting Basics
Financial Statements
Cash Policies and Internal Controls
Accounting Related Software
Seed to Sale Software
Payroll Provider Considerations
CHAPTER 6: Advanced Accounting Topics
Accounting for Inventory
Cost Accounting
Standard Costing
Methods Used to Charge Inventory to Cost of Sales
Non-Financial Data for Accurate Cost Accounting
What Does it Cost to Manufacture a Product?
Risk Assessment in the Cannabis Industry.
Inventory
Revenue Recognition
Internal Control Challenges in the Cannabis Industry
Information and Communication
Monitoring
CHAPTER 7: The Complicated World of Cannabis Taxation
Qualified Business Income Deduction
IRC Section 471.
IRC Section 280E
States and IRC Section 280E.
IRC Section 263A
Cannabis Specific Issues.
Filing a Protective Claim for Refund
IRS Audit Risk.
IRS Form 8300, Report of Cash Payments Over $10,000 Received in a Trade or Business
IRS Form 3115, Application for Change in Accounting Method
IRS Form 8275, Disclosure Statement
IRS Form 843, Claim for Refund and Request for Abatement
Sales and Excise Taxes
Court Cases Related to IRC Section 280E
CHAPTER 8: The Approaches and Methods of Valuing a Cannabis Business
Asset (or Cost) Approaches
Income Approaches
Market Approaches
CHAPTER 9: Market Multiples in the Cannabis Industry
Deal Structure
Public Cannabis Company Market Multiples
Private Cannabis Company Market Multiples
CHAPTER 10: Startup and Pre-Revenue Valuation in the Cannabis Industry
Fundraising
Investment Vehicles
Timing
Capitalization (Cap) Tables
CHAPTER 11: Valuation Reports
Types of Valuation Reports
The Typical Components of a Valuation Report
CHAPTER 12: Unique Issues in Cannabis Appraisal
Cannabis is Federally Illegal
Banking
Bankruptcy
Small Business Administration (SBA)
Extraordinary Tax Burdens.
Dynamic Industry Change
Municipal Challenges.
Reliance on Prospective Information
Overall Risk Assessment
CHAPTER 13: Lost Profits
Lost Profits.
Economic Damages
Forensic Considerations
APPENDIX A: “Must See” Documents
APPENDIX B: Landmark Court Case Summaries
Alpenglow Botanicals, LLC v. USA
Laurel Alterman and William A. Gibbons v. Commission of Internal Revenue
Alternative Health Care Advocates v. Commissioner of Internal Revenue.
Jason R. Beck v. Commission of Internal Revenue
Canna Care, Inc. v. Commissioner of Internal Revenue
Californians Helping to Alleviate Medical Problems, Inc. (“CHAMP”) v. Commissioner of Internal Revenue
Jeff rey Edmondson v. Commissioner of Internal Revenue
Feinberg v. Commissioner of Internal Revenue
William Franklin v. Commissioner
Alberto Gonzales, Attorney General, et al. v. Angel McClary Raich, et al.
Green Solution Retail v. United States
Loughman vs. Commissioner of Internal Revenue
Dharminder Mann v. Sara Gullickson
Northern California Small Business Assistants Inc. (“NCBSA”) v. Commissioner of Internal Revenue
Olive (“Olive”) v. Commissioner of Internal Revenue
Richmond Patients Group (“RPG”) v. Commissioner of Internal Revenue.
Standing Akimbo, Inc. v. United States
APPENDIX C: Sample Chart of Accounts
APPENDIX D: Sample Request for Documentation.
APPENDIX E: Sample Risk Assessment Analysis
APPENDIX F: Sample Report
APPENDIX G: Finding a Qualified Valuation Analyst
Credentials
Interview Questions
APPENDIX H: Top Resources for Cannabis Industry Information
Conferences and Events
Market and Industry Research Reports
Online Sources and Newsletters - General.
Online Source and Newsletters – Business
and Investing
Organizations (Federal)
Cannabis Books
Valuation Books
APPENDIX I: Banking and Financial Resources for the Cannabis Industry
Banking
Merchant Services
Loans
“This book is an essential tool for every C Suite executive in the US Cannabis Industry – not just accounting and legal. If you want to be fully prepared for the ever-changing landscape and structure of the US’s fastest growing sector – this book must be on your desk. Personally, the first version prepared me for new CEO and Chairman roles and the volatility of the cannabis capital markets. Now that we are seeing many young professionals transition to cannabis or a student starting their career in our industry - I highly recommend this book as a cornerstone of their learning.”
Ross Bevevino
Chairman & CEO
Mollitiam New Jersey LLC
“From entity selection to fundraising to tax and accounting to valuation, The Cannabis Industry and Appraisal Guide is a useful and easy to read “must have” reference for those interested in the cannabis industry. Take it from someone who has been in the cannabis industry over ten years.”
Tony Gallo
Managing Partner
Sapphire Risk Advisory Group
“I am a licensed attorney who spends more than 75% of his practice on cannabis law: from helping companies obtain licenses to operate cannabis businesses in State’s where it is legal to facilitating nine-figure sales transactions to participating in the inevitable rising crescendo of shareholder oppression lawsuits. With the plethora of issues that arise in this burgeoning industry, I always have the Cannabis Industry Accounting and Appraisal Guide within arms-reach. It is my go-to source whenever I need to educate a client on; reliable methods of appraising the value of a cannabis company, options to consider when deciding how to structure a development-stage cannabis enterprise, or accounting methods to consider. I would recommend this book to anyone considering becoming involved in the growing United States legal cannabis industry.”
Fruqan Mouzon, Esq.
Partner
Fox Rothschild LLP
"Anyone involved and especially new to the cannabis sector should have a copy of The Cannabis Industry Accounting and Appraisal Guide in their collection. In addition to covering accounting-related topics, it offers helpful information and resources on subjects unrelated to accounting, such as the industry's history, what makes it unique, and banking, all in an accessible way. It’s a go-to resource as I interact with clients."
Marshall Ogen
VP of Business Strategy
Cannabis BPO
"Navigating the cannabis industry is like swimming with sharks. You have to know unique local, state, and national regulations. You have to ensure that your business is compliant at every turn. And one of the best ways to do this is to invest in a copy of The Cannabis Industry Accounting and Appraisal Guide. Be safe out there and rely on the expert advice of Seigneur, Clarke, and Udell."
Rob Mejia
Teaching Specialist
Stockton University, Cannabis Studies