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In targeting the medical marijuana [link widoczny dla zalogowanych] industry [link widoczny dla zalogowanych] and weed businesses, the [link widoczny dla zalogowanych] IRS is pursuing action that could send shockwaves through the medical marijuana industry - or even destroy [link widoczny dla zalogowanych] it completely.

The IRS is thought to have begun audits on at least 12 medical marijuana dispensaries in California under the determination that past business deductions are invalid because of a clause in the federal tax code prohibiting any business that traffics in Schedule I or II drugs from making business deductions on their tax returns. [link widoczny dla zalogowanych] The move could bankrupt every dispensary that it targets. The first dispensary [link widoczny dla zalogowanych] to receive a final audit decision from the IRS is [link widoczny dla zalogowanych] the Marin Alliance for Medical Marijuana (MAMM) in Fairfax, Calif.

Lynette Shaw, founder and owner of MAMM, is hoping to strike back before the IRS can deliver any more "final determinations" to other dispensaries currently being audited. Shaw intends to file an appeal in U.S. Tax Court within the month. There is actually a precedent for just such a case, when in 2007, a San Francisco dispensary primarily catering to terminal AIDS patients got its payment cut down to just over [link widoczny dla zalogowanych] 1 percent of what the IRS originally said it owed in back taxes.

Shaw, however, seems to almost hope that [link widoczny dla zalogowanych] a tax judge rules against her. A successful appeal of such a ruling would guarantee that neither MAMM nor any other dispensary in [link widoczny dla zalogowanych] California or any other state would have to worry about future IRS audits. The next step would be the Ninth Circuit Court of Appeals, and Shaw is prepared to take the case to the Supreme Court if necessary.

[link widoczny dla zalogowanych] Shaw says she hopes to do more than just override the tax code. She calls the IRS applying regulations meant for illicit drugs to something considered medication by state governments "an abrogation of states' rights." But [link widoczny dla zalogowanych] she also intends to challenge the very classification of marijuana that has [link widoczny dla zalogowanych] allowed the IRS to go after MAMM and other dispensaries.

"The Constitution says that all American laws shall be based upon a rational basis," she says. "I've got a truckload of evidence to argue that this doesn't pass the muster of rational basis."

Marijuana joins heroin and ecstasy, among others, as [link widoczny dla zalogowanych] a [link widoczny dla zalogowanych] Schedule I drug on the Drug Enforcement Agency's list of drug classifications. Cocaine, in contrast, is classified less harshly as a Schedule II drug. Shaw hopes that marijuana will be reclassified as Schedule III, next to ketamine and steroids, or even IV, like a slew of prescription drugs. The tax deduction disqualification applies only to Schedule I and II drugs.