Cannabis Taxation

Even though general fund revenue should not be the main priority when it comes to recreational marijuana legalization, there is revenue available to states that choose to legalize—just not in the short term. Beyond the general sales tax, legal marijuana businesses would also pay business taxes and employees would pay individual income taxAn individual income tax (or personal income tax) is levied on the wages, salaries, investments, or other forms of income an individual or household earns. The Federal Income Tax was established in 1913 with the ratification of the 16th Amendment.

  • Laws should not prevent or punish businesses from doing right by their employees, their communities, and the environment.
  • Voters approved legalization with Ballot Proposal 1 in November 2018 (56 percent to 44 percent).
  • Katye Maxson-Landis, CPA, owns and operates Moxy Accounting LLC in Portland, Ore.
  • The Department of Justice’s move to reclassify marijuana as a less dangerous drug, on which it began formal proceedings on May 16, won’t legalize state-level adult use and medical marijuana unless it’s produced, sold, and used within the regulations of the Controlled Substances Act.
  • The Videos section contains videos with important information for cannabis retailers.
  • They do not include medical cannabis tax revenue, application and licensing fees paid by cannabis businesses, additional income taxes generated by workers in the cannabis industry, or taxes paid to the federal government.
  • Choosing whether to apply ad valorem taxes at the retail or wholesale level similarly involves weighing trade-offs.

How much revenue do states make from marijuana taxes?

  • As the Tax Foundation has noted, prices would most likely fall if these barriers were removed.
  • While marijuana has not provided a true windfall, tax collections were particularly resilient through the pandemic, displaying strong growth in many cases.
  • Below are estimated tax rates and final retail costs, assuming a wholesale flower cost of $8.05/gm, which comprises the average wholesale prices in Massachusetts and Illinois (as of 2020), and a 100% percent retail mark up.
  • Kara Cline, CPA, is a director in EFPR Group’s tax and business services department.
  • Almost everywhere the tax has been on the ballot, it has passed, sometimes with overwhelming majorities as in Unionville in April, where it was backed by 73% of voters.

Nearly seven in 10 voters—including a majority of Republicans—support legalizing marijuana, according to a new Fox News poll. Both the House and Senate included provisions in their respective MilConVA measures last year that would permit VA doctors to make medical cannabis recommendations, but they were not included in the final package for the 2024 version that was signed into law in March. The penalties for illicit cannabis do not apply to an individual lawfully in possession of adult-use cannabis or concentrated cannabis for personal use. Commercial location means real property or a vehicle held out as open to the public or otherwise used to conduct wholesale or retail transactions, including a storage area in or adjacent to such property or vehicle.

Core Consumer Price Index

Lastly, there is still much we do not know about the impact of different THC delivery methods. For instance, would a tax that encourages vapor liquid with low THC be counterproductive relative to a tax that encourages almost pure THC? If the other ingredients in THC vapor liquid are more harmful than THC itself, then the tax should encourage low-volume, high-THC medical marijuana accounting compounds—not the other way around. These issues need additional study but are a good example of why policymakers should stay flexible and up to date when it comes to recreational marijuana policy. There are a number of questions that this report is not able to answer because too much is still unknown about the future of the recreational marijuana market.

Marijuana tax rates in Michigan

Cannabis Taxation

Implementation typically takes at least several months and it could take years for revenues to mature as markets develop, as experiences documented by states like Colorado and Washington illustrate. On November 7, 2023, voters approved Issue 2, making Ohio the 24th state to legalize cannabis for adults 21 and older. Legal adult-use cannabis sales have not begun in the state yet, but they are anticipated in July 2024. New Mexico’s Cannabis Regulation Act legalizes and regulates cannabis for adults 21 and older.

Lessons from Cannabis Taxation in U.S. States

  • As mentioned above, one resource the IRS issued in conjunction with their new webpage is a Marijuana Industry FAQ.
  • Her career in tax, international dispute resolution, and human and civil rights led her to increasing concern about political polarization and damage to the democratic republic arising from tax and economic inequity.
  • Vertical Enterprises, which is licensed for retail sales, cultivation and marijuana product manufacturing in St. Joseph, sued the Buchanan County Collector’s office, the Missouri Department of Revenue and the Buchanan County Clerk’s office to block enforcement of the tax.
  • Despite this, 23 states and Washington, DC, have fully legalized the drug, with an additional 21 states either fully or partially legalizing medical marijuana.
  • Excise taxes are commonly levied on cigarettes, alcoholic beverages, soda, gasoline, insurance premiums, amusement activities, and betting, and typically make up a relatively small and volatile portion of state and local and, to a lesser extent, federal tax collections.
  • A sales tax should exempt business-to-business transactions which, when taxed, cause tax pyramiding.

Even though medical sales are largely tax-exempt, registered patient numbers and medical sales have declined since patients have had the option of accessing cannabis over-the-counter. Medical marijuana should not be subject to excise taxes to the extent that it is genuinely consumed for medical reasons. Rather, our focus is to help policymakers consider appropriate tax regimes to the extent that they decide to legalize the product for recreational use. Cannabis taxes are sometimes called a “sin tax” because, unlike a general sales tax, the tax is levied in part to address the negative effects of marijuana use, such as addiction and impaired decision making.

  • The recommendation includes examples of THC content ranges and multipliers, but these should be reviewed by each legalizing jurisdiction as they may not represent the market situation in a given jurisdiction.
  • Please reach out to ask questions and develop insightful strategies for the short-term and long-term needs of your business.
  • Total THC means the sum of the percentage by weight or volume measurement of tetrahydrocannabinolic acid multiplied by 0.877, plus the percentage by weight or volume measurement of THC.
  • Missouri voters approved an initiative regulating cannabis for adults’ use on November 8, 2022.
  • Some states also dedicate revenue to government programs that can address marijuana’s negative externalities.

This could be done by taxing the plant materials according to weight, but at different rates according to THC content. Applying taxes by THC intervals introduces tax cliffs which could distort the market.[101] Nonetheless, it would still be the most equitable and realistic option at this point. As marijuana legalization efforts continue, lawmakers are faced with a similar situation, and can draw lessons from https://www.bookstime.com/articles/small-businesses-bookkeeping the successful post-Prohibition strategies. It is now, as it was then, important to raise sufficient revenue from excise taxes to fund related spending while ensuring that legal sellers can outcompete illicit operators. Excise taxes on marijuana should not, however, be a measure to raise general fund revenue. In February 2020, the Senate passed a bill (S54) that will establish a market for marijuana in 2022.

Cannabis Taxation

Industry Products

Marijuana reclassification would give Maryland’s cannabis industry a major tax cut – CBS News

Marijuana reclassification would give Maryland’s cannabis industry a major tax cut.

Posted: Wed, 08 May 2024 07:00:00 GMT [source]

Cannabis Taxation

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