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New Member

How do I claim medical marijuana expenses on my taxes?

 
4 Replies
Level 7

How do I claim medical marijuana expenses on my taxes?

You can't legally do so.  Even if your state has legal medical marijuana, it is still not legal under Federal law and therefore it does not qualify as a tax deductible expense.

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New Member

How do I claim medical marijuana expenses on my taxes?

Would the State offer this as a deduction?

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New Member

How do I claim medical marijuana expenses on my taxes?

Tax law does not name medical marijuana specifically as a prohibited drug, especially not if it is Physician prescribed and filled by a pharmacy. I would submit that state laws proclaiming prescription marijuana as a legal prescription medication with protocols that meet a state standard is a legal and valid deduction. The IRS requirements of reasonable and necessary would support this claim. No code has specifically been written excluding medical marijuana, that in itself, lends credibility to the claim.

It would be futile to write such a code with 35 of 50 states in the process of making prescription marijuana a legal alternative pain medication. 

 

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Employee Tax Expert

How do I claim medical marijuana expenses on my taxes?

Per IRS Publication 502:

 

You can't include in medical expenses amounts you pay for controlled substances (such as marijuana, laetrile, etc.) that aren't legal under federal law, even if such substances are legalized by state law.

 

IRS Publication 502

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