When we get to tackle new topics and shed some light where there is confusion, that get’s me really excited. Regardless of what state you live in, this is timely and relevant as we tackle cannabis companies and their unique challenge of setting up 401(k) plans. My guest, Jewell Lim Esposito an ERISA Attorney with FisherBroyles has specific hands on experience working with companies in the cannabis, hemp, cbd space. She shares some of the challenges they face in setting up 401(k) plans for their employees, why various service providers have been hesitant to enter the space and what cannabis and other similar companies can do to provide a 401(k) plan to their employees. Also, if you are like me and are a little confused on the difference between marijuana, cannabis, hemp and cbd is, we discuss that as well. Really great conversation and a ton of information for employers and retirement service partners who are trying to figure out what to do.
During our conversation Jewell references supporting material from her blog All Things ERISA. You can find the link, the bonus question for this week, an episode transcript and more at 401kfridays.com/cannabis.
Guest Bio
Jewell Lim Esposito offers decades of in-the-trench practical experience in the Employee Benefits/Tax legal world. She further sub-specializes in Title I (Department of Labor fiduciary issues) and Title II (IRS tax qualification issues) under the Employee Retirement Income Security Act (ERISA). Ms. Esposito's strength is understanding the business and demographics of her clients, who are headquartered across the nation. That is, with her practice being federal law, the location of the US client needing ERISA/Tax guidance on tax compliance and fiduciary duties is immaterial.
She advises in "plain English," even when the issues are complex and is able to size up exposure for C-suite executives to help them select an optimal Tax and ERISA strategy. The range of Ms. Esposito's practice extends to work in the areas of government pension plans, Executive Compensation, the Affordable Care Act, COBRA, health and welfare fringe/prevailing wage under the Service Contract Act and Davis-Bacon, and ERISA prohibited transaction exemptions.
In the area of cannabis/hemp/CBD, Ms. Esposito counsels associations, member companies, and growers/distributors/dispensaries/license holders on how Section 280E of the Internal Revenue Code affects their payroll, 401(k), health benefits, and insurance deductions. She currently chairs and coordinates her firm's efforts in showcasing all the legal services already provided to the Cannabis, Hemp, and & CBD industry and in education related to marijuana use to the general workplace.
Ms. Esposito is the editor of and contributing author to the AllThingsERISA blog.
401(k) Fridays Podcast Overview
Struggling with a fiduciary issue, looking for strategies to improve employee retirement outcomes or curious about the impact of current events on your retirement plan? We've had conversations with retirement industry leaders to address these and other relevant topics! You can easily explore over 175 prior on-demand audio interviews here. Don't forget to subscribe as we release a new episode each Friday!
