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Article: Marijuana Taxes Keep Black Markets Thriving

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Twenty‐​one states have legalized some amount of marijuana for recreational use, and sixteen more allow marijuana for medical use.

Critics claim black markets remain despite legalization. This is true — because legalization has been accompanied by excessive taxation and regulation.

California’s legal marijuana industry, for example, has a tough time competing with the black market. The state’s illegal sales approach $8 billion annually, twice legal sales.

It’s not difficult to see why. Retailers must pay a $1,000 application fee and a minimum $2,500 licensing fee annually, and sales are taxed at about 38 percent (combining all applicable taxes). This causes the price of legal marijuana products to exceed that of illegal products by two to three times.

Moreover, California and other states allow municipalities to ban marijuana retail shops, further perpetuating black markets.

New York has a similar problem. Sales are taxed at a combined rate of about 45 percent. Illegal sales are still the norm despite legalizing recreational marijuana two years ago. A legislator who sponsored NY’s legalization bill said she “didn’t think this was going to happen.”

This should have been clear. Wherever there are high taxes, there are black markets.

This phenomenon is not limited to marijuana. New York imposes one of the highest taxes on cigarettes in the nation — $4.35 per pack. Consequently, over 53 percent of cigarettes sold in NY are smuggled. The governor wants to raise taxes by $1 per pack and ban flavored cigarettes. Researchers estimate this will increase the smuggling rate to 66 percent and thus reduce tax revenues by $167 million.

Black markets not only hurt tax revenues, but hurt people too. Black markets encourage violence and drive overdoses, especially for high potency drugs. Decriminalizing drug use in Oregon without legalizing supply has proven ineffectual in reducing the harms of black markets.

Legalizing marijuana, but with heavy taxation and regulation, is not enough to reduce black markets either. Legislators can raise revenue and avoid costly enforcement activities by legalizing marijuana without imposing excessive taxes.

 

Source:  https://www.cato.org/blog/marijuana-taxes-keep-black-markets-thriving



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Politico Article: New Jersey – CRC approves social equity tax increase It is far lower than what was considered

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The Cannabis Regulatory Commission on Thursday approved a new social equity tax rate on cannabis at $2.50 per ounce — a far lower number than what was previously considered.

The vote came as the commission was considering raising the cannabis Social Equity Excise Fee to $30 for an ounce. Cannabis cultivators pay the tax, which is currently $1.24 per ounce. The vote was supported by all commissioners except for outgoing commissioner Charles Barker, who abstained.

Read the full report at

https://subscriber.politicopro.com/article/2024/12/crc-approves-social-equity-tax-to-2-50-per-ounce-of-cannabis-00194113



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Maryland: Senate recreational cannabis bill differs from House bill over taxes

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WBAL TV

 

The Senate’s bill to map out the legalization of recreational marijuana in Maryland differs greatly from the House proposal over taxes.

Legislation making recreational cannabis legal in Maryland still has a long way to go in a relatively short period of time. And, changes made by the Senate Finance Committee could set up a showdown between the House and Senate.

But legislative leaders put an optimistic spin on the changes, calling the differences minor and will be easy to resolve.

“This is one of those bills that everyone has just one more idea. So, the faster we can get to a place of resolution, I think will be better for everyone,” said Senate President Bill Ferguson, D-District 46.

Early this month, the House gave preliminary approval to House Bill 556, which would tax and regulate marijuana.

Under the Senate version, Senate Bill 516, it would cost Marylanders more to recreational marijuana use. The sales tax would go up from 6% to a 9% flat tax, and local governments would be allowed to tack on an additional 3% sales tax.

“While it’s not perfect, I think it offers enough good points for us to be able to move the bill forward,” said Sen. Clarence Lam, D-District 12, whose district encompasses portions of Anne Arundel and Howard counties.

Under the House bill, cannabis would be taxed at 6% for the first year and increase by 1% each year until 2018. It would be capped at 10%.

The Senate bill would still allow people to possess up to 1.5 ounces of cannabis, and current medical cannabis businesses would be allowed to convert their licenses to recreational before July 1.

Read more at 

https://www.wbaltv.com/article/senate-recreational-cannabis-bill-taxes-maryland/43440132



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New law could increase taxes on cannabis sales in Montana

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BILLINGS, Mont. — In the state legislature cannabis is once again taking center stage. This year, a proposed bill is seeking to undo almost all of the policy changes that were voted into effect by Montanans.

If this Bill were to pass, it would have a major impact on those who not only use cannabis recreationally but also impact the business owners and employees of Montana’s dispensaries. Zack Schopp, owner of Seed of Life Labs in Billings said the ripple effects of a law like this — would go beyond the marijuana industry.

“It’s detrimental to the business, to the employees of those businesses, to those government regulators who are employed, to the contractors of the building, to the real estate agents that are selling property. All of that economic opportunity that’s been created from cannabis is at stake with a Bill like that, there are over 5,000 Montanans who have jobs in the cannabis industry here, you know, what am I supposed to say to them if this goes through,” said Schopp 

His business is just one of more than 40 dispensaries in the area according to the department of revenue, Yellowstone County generated an estimated $4,000,000.00 in Tax revenue in February of 2023.



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