On August 2, 2021, the Tax Court issued a Memorandum Opinion in the case of Today’s Health Care II LLC v. Commissioner (T.C. Memo. 2021-96). The primary issue presented in Today’s Health Care II LLC v. Commissioner was whether IRC § 280E (Expenditures in Connection with the Illegal Sale of Drugs) violated the Eighth or Sixteenth Amendments to the Constitution. Held: Not today, hippie. Note: Even the initials of the company (T.H.C.) are pot-induced. Kudos, stoners. Background to Today’s Health Care II LLC v. Commissioner Today’s Health Care (THC) is a Colorado LLC organized in 2010 for the purpose of doing business as a retail dispensary licensed and authorized to cultivate, manufacture, distribute, and sell medical marijuana products in accordance with Colorado State law. At the time it filed the petition, THC’s principal place of business was in Colorado Springs, Colorado. During 2014 and 2015, THC operated a marijuana grow facility…