Welcome back to Higher Law, our weekly briefing on all things cannabis. I'm Cheryl Miller, reporting for Law.com from Sacramento. Time to stop parsing SCOTUS rulings on the census and redistricting for a few minutes to talk marijuana law.

This week, the U.S. Supreme Court dealt another blow to marijuana businesses that want the same tax deductions other businesses receive. Plus, Congress and California are pursuing banking protections and possibilities for the cannabis industry. And a New Jersey legislative lawyer will chair a private firm's new cannabis practice in Who Got the Work.

Thanks for reading. Higher Law will be taking a holiday hiatus next week for the Fourth of July. Stay safe and sane but keep those tips and story ideas coming at[email protected]. Or you can call me at 916-448-2935. Follow me on Twitter @capitalaccounts.

US Tax Authorities Win Again at SCOTUS

The IRS notched another win in a 280E-related case this week when the U.S. Supreme Court, without comment, declined to review the Tenth Circuit's ruling in Alpenglow Botanicals, et al v. United States.

That's the case involving the owners of a Colorado cannabis operation who challenged federal tax auditors' determination that they owed $53,000 for improperly deducting business expenses from their taxes. A three-judge appellate panel last July rejected the owners' argument that a taxpayer should be found guilty of a drug crime before the IRS can block his or her ability to deduct marijuana business expenses.

The high court's denial is another loss for Thorburn Walker LLC, the Colorado firm that has represented several state-licensed dispensaries trying to curtail the IRS' reach into cannabis businesses' pocketbooks.

SCOTUS in March 2018 denied review in another Thorburn Walker case, Green Retail Solution v. United States of America, a dispensary chain's unsuccessful challenge to the IRS' authority to investigate whether a state-legal business is engaged in illegal federal drug trafficking. And in February, a Tenth Circuit panel sided with the IRS in another Thorburn-Walker lawsuit over disallowed tax deductions, this one brought by the owners of Colorado marijuana business Total Health Concepts.

Tax relief, or rather the ability to be treated like other businesses for tax purposes, remains one of the biggest issues for state-licensed cannabis operators. But help doesn't seem to be coming any time soon from the courts or Congress.

Banking Bill Update from US House

The U.S. House of Representatives this week approved a spending bill amendment that would shield banks from U.S. Treasury punishment for serving cannabis and cannabis-related businesses.

It's not iron-clad protection for banks, which would still risk interference from other state regulators. And the amendment doesn't go as far as the SAFE Banking Act,which is still awaiting a final floor vote in the House. But Oregon Congressman Earl Blumenauer, a backer of state-legal marijuana operations, called the measure's passage "another cannabis win in the House!"

"We must address the irrational, unfair, & unsafe denial of their banking services around the country," Blumenauer tweeted. " Let's keep up this momentum. Time for the Senate to act!"

No word yet on what the less-marijuana-friendly Senate will do with the amendment.

In California, legislation to license cannabis " limited charter" banks and credit unions continues its march toward Gov. Gavin Newsom's office with significant bipartisan backing. SB 51 would create closed-loop, limited-service depositories for cannabis- and cannabis-related businesses in the state.

Newsom has not indicated whether he'll sign the bill.

>> The U.S. House of Representatives last week approved budget amendment barring the U.S. Department of Justice from interfering with all state-sanctioned marijuana programs. The National Cannabis Industry Association called it "a truly historic vote" and "the farthest reaching action Congress has ever taken to reform outdated federal marijuana prohibition policies."

You Said It: Cory Booker Edition

"I am absolutely disappointed that wasn't an issue when you see voters turning out this issue all over the country."

– U.S. Senator Cory Booker expressing dismay that marijuana legalization did not come up as a topic during the first Democratic presidential forum Wednesday night.

Who Got the Work

• Jan Lynn Owen, former commissioner of the California Department of Business Oversight, has joined Manatt, Phelps & Phillips' Sacramento and San Francisco offices as a senior advisor in the financial services group. As commissioner, Owen worked with other state regulators on trying to find solutions for licensed cannabis businesses blocked from traditional banking services. My colleague Xiumei Dong wrote about Owen's hiring here.

• New Jersey state Senate general counsel Fruqan Mouzon has joined McElroy, Deutsch, Mulvaney & Carpenter as of counsel. Mouzon will establish and chair the firm's cannabis law practice group. In his five years as Senate attorney, Mouzon was involved in legislation dealing with medical and recreational marijuana.

• Jacksonville, Florida firm Sheppard, White, Kachergus, & DeMaggio is representing a Tampa orchid grower unable to secure a medical marijuana license from the state. The federal civil rights lawsuit filed by Louis Del Favero Orchids Inc. accuses the state of allowing other applicants to "leapfrog" over Del Favero, according to the News Service of Florida.

In the Weeds…

>> Debtors with ties to the cannabis industry are finding little help in bankruptcy court these days. The U.S. Department of Justice's trustee program is challenging the proposed bankruptcy plans of people who work for or derive some type of income from state-legal operations [WSJ]

>> Springfield, you made it look easy. Gov. J.B. Pritzker on Tuesday signed into law legislation making Illinois the eleventh state in the nation to legalize recreational marijuana. Pritzker, who was elected last year, called legalization "overdue" and "the right thing to do." Starting in January 2020, residents will be able to possess up to 30 grams of flower, five grams of concentrate and 500 milligrams of THC in edibles. [NPR]

>> Legalization? No. Decriminalization? Yes. New York lawmakers couldn't reach a deal to create a regulated recreational marijuana market before the end of session. But they did enact legislation that will eliminate criminal charges for possessing small amounts of marijuana. Past convictions for low-level marijuana-related crimes will also be expunged. [New York Law Journal]

>> Did meals and meetings influence a Nevada regulator's licensing decision?Nope, Jorge Pupo, Nevada Department of Taxation deputy executive director, testified in court last week. Pupo acknowledged that just weeks before marijuana license applications were evaluated, he attended lunches and dinners with dispensary owners and attorney Amanda Connor, who represented three corporate cannabis clients. Those companies received licenses in December. Several losing bidders are suing the state. [AP]

>> CBD products may have a short shelf life in Florida. Agriculture Commissioner Nikki Fried told reporters this week that she's concerned "about what's on the marketplace right now." Fried's department is writing regulations for a new state hemp program. "If we're finding things that are not in compliance, then we will ask those stores to take them off the shelves and to provide their consumers with products that are safe and being tested and (are) reliable through our program," Fried said. [Florida Politics]

On the Calendar: All the Things

June 28 - California's Cannabis Advisory Committee meets in Los Angeles. The committee will consider subcommittee recommendations on testing, delivery and social equity programs.

June 28-29 - The CBD Expo Northwest 2019 takes place in Seattle. Scheduled speakers include Neil Junepa and Justin Walsh of Gleam Law and Hoban Law Group CEO Brent Johnson.