“the business hsould be equal with other businesses under tax law.”
The Constitution does not require uniformity when it comes to income taxation.
You appear to be saying that equality under the law doesn’t mean equal treatment by the IRS - that is, equal application of the rules as written.
Is that what you mean? If so, I disagree.
The Constitution allows states to have various tax laws but in the case here Thomas is saying businesses can’t deduct normal business expenses when they file federal income taxes making them liable for excess tax payments to the IRS. The federal tax laws follow what is a legal business by federal law. Marijuana is not so you can’t apparently claim normal business deductions. The IRS is “studying “ this.
Thomas is consistent and right.
The DOJ and Congress are sloppy in enforcing and passing laws regarding marijuana, and the Court ducked the issue.