Cannabis News
Oregon Cannabis: State of the State (2023)
Published
12 months agoon
By
admin
Welcome to the eighth annual “State of the State” post on Oregon cannabis. Last year was memorable for Oregon the industry, pockmarked by OLCC scandal, heavy regulatory swings, and even marquee litigation. We also saw the state’s first very-large-business failure, more trade association consolidation, and other altibajos as my mother-in-law might say. Let’s go!
Sales fell (again) along with licensee numbers (for the first time)
According to OLCC data, retail sales between January 1, 2023 and November 30, 2023 clocked in at $874 million. By my math, the state is on pace for roughly $953 million this year. That tally would be a 4.1% decrease from $994 million in 2022, which itself was the first calendar year cannabis sales contracted in Oregon. Someone with better credentials than me could ascertain whether this year’s drop is due to pricing decreases, volume decreases, or both, alongside whatever other factors (like population shrinkage). Overall, a 4.1% decline isn’t great news for industry, but it’s not terrible.
Nearly half, or 48.7%, of retail sales are “useable marijuana” (dried leaves and flower). The concentrates/extracts category sits at 24.7%; edibles/tinctures are 13.7%; inhalable products with “non-cannabis additives” are 7%; “other” is 5.2%; and industrial hemp products bring up the rear at 0.7%. This follows a years-long trend of usable marijuana sales decreasing per capita in favor of other categories. Like last year, my impression is that near-term growth may be limited to select SKUs and product categories.
In addition to decreased volume, prices remain low; but not as bad as last year. At this time in 2022, wholesale useable marijuana had been sitting at $600/lb for months, bottoming out at $550/lb for December. For the most recent three months of 2023, we’ve hovered at a respectable $745/lb. That said, the full effects of the Croptober harvest haven’t rippled through the system. This year’s harvest came in at an unwelcome 15% higher than 2022.
To the plus, we have slightly fewer licensees vying for market share than a year ago today. It’s not a big drop, but this was the first year I saw license numbers fall since the 2016 roll-out of the adult use program. Despite the number of “pending” license applications below, you can expect the number to flatline or fall a bit again next year. Yes, the HB 4016 licensing moratorium sunsets on March 31, 2024, but I’m guessing our legislators will pass an extension bill early in the 2024 session. Let’s see.
2022 | 2023 | 2023 (active + pending) | |
Producers | 1,408 | 1,389 | 1,520 |
Processors | 331 | 312 | 363 |
Wholesalers | 276 | 269 | 299 |
Retailers | 827 | 818 | 881 |
Labs | 19 | 15 | 15 |
Research | 1 | 1 | 4 |
Industry is in the doldrums, with one spectacular flameout
Last year at this time, I wrote that “quite a few businesses are struggling and others have failed.” Same deal today. All throughout the year, we helped people sell (and try to sell) businesses we had helped them buy just a couple of years ago. It feels like the largest number of “business sales” are little asset purchase agreements for naked licenses. We’ve also helped quite a few clients throw in the towel, and our litigation team continues to assist in a series of disputes related to business dysfunction—for those who can actually afford to litigate.
Nothing better exemplified the weak state of the Oregon market than the Chalice receivership sale (see: Chalice Receivership Update: Weak Market, Insiders Pounce). Interest was scant, offers were few, and ultimately 20+ businesses sold for a mere $3 million. Last year at this time, I observed that Chalice was one of the largest operators in Oregon, trailing only Nectar Markets. Today, in one of the biggest Oregon cannabis stories of 2023, the Canadian heavy has gone belly up, to the detriment of stiffed creditors and hapless employees.
Tough year for OLCC
If one state agency should be happy to leave 2023 behind, it’s got to be OLCC. I explained in an earlier post that OLCC and the cannabis industry were “at a nadir with two-bit scandals” this spring. Stellar investigative reporting around OLCC’s handling of the La Mota chain caused the Oregon Secretary of State to resign, but also lead to some unfortunate, reactionary rules for the cannabis industry (more on that below). Separately, the OLCC’s Executive Director resigned as well, in the context of separate misconduct.
Most recently, the Commission got some good news in that the former Secretary of State’s cannabis program audit will stand, albeit with a disclaimer, turning the page on a difficult chapter for pretty much everyone and giving the Commission room to maneuver. As an aside, one former OLCC official commented that the audit “reads like a Leafly blog”, due to its general and specific recommendations to loosen regulatory strictures. Industry favored those findings obviously, and it’s a shame the process was tarred.
In my view, however, a key issue with OLCC remains unaddressed, and that is the Commission’s disparate treatment of large and small cannabis companies (see: The Real OLCC Scandal is that There are Two Sets of Rules). OLCC has allowed the largest Oregon cannabis retailers to coast after citing them for significant and repeated violations– including allegations of cannabis diversion. Small businesses get their tickets punched for less. In all, I see scant rhyme or reason to OLCC’s erratic enforcement efforts.
New rules, highlighted by tax compliance (forever) and aspergillus testing (for a minute)
The Oregon regulatory landscape is ever changing. We had new rules to kick off the year, followed by new laws passed in Salem. Rulemaking commenced throughout the fall per usual. The biggest change, however, was the advent of “emergency” (and now permanent) tax compliance rules that arose from the La Mota scandal referenced above. All retailers and their “applicant” owners (but not producers or processors or wholesalers) are now required to certify tax compliance with OLCC via the Oregon Department of Revenue, to renew or transfer a marijuana license. Here in the office, we’ve seen the rules impact quite a few renewals and sales already.
Another huge story in Oregon cannabis for 2023 involves a rule that came and went, regarding aspergillus testing. In March, the Oregon Health Authority (OHA) promulgated a rule that required marijuana testing for certain microbiological contaminants, including aspergillus. The Cannabis Industry Alliance (CIAO) and others filed a motion for emergency relief. These parties won a temporary “stay of enforcement” of the rule, pending completion of judicial review. Rather than defend the rule at a subsequent hearing, OHA withdrew it. And doesn’t appear to want a second bite at the apple.
This is a great result for our cannabis producer clients, at least in the short term. I admittedly did not think they could win. Whether it’s a good long-term play remains to be seen. Oregon producers have long pushed for cannabis export rights— which conceivably could happen sooner rather than later if federal law changes. (See: Audit: Marijuana-rich Oregon must prep for US legalization.) This is salient due to the fact that most states require aspergillus testing for cannabis. It’s hard to imagine a scenario where those states agree to accept Oregon cannabis “contaminated” with aspergillus.
Trade organizations merged
Finally, we have just one major trade organization in Oregon cannabis. Prior to October, the Oregon Cannabis Association (OCA) and the Cannabis Industry Alliance of Oregon existed side by side (quite a few others have come and gone over the years). Now, it’s all CIAO. Judging by all the emails I’m getting, the big-tent outfit is energized.
The first big task for CIAO should arise in the 2024 legislative session. I submit that the Oregon legislature seems less keen on dealing with cannabis issues over the past couple of sessions, than it has been historically. Given collateral damage to OCA from the La Mota scandal and all of the oxygen being taken up by Measure 110 scrutiny, CIAO will have its work cut out come February.
Hollowed out hemp
Oregon has only issued 187 hemp grower licenses as of December 7. This is a noteworthy drop from 294 licenses in 2022, to say nothing of the 1,961 licenses issued in the heyday of 2019. In spite of it all, Oregon is still a hemp leader on the national stage, somehow, per the 2023 National Hemp Report.
Last year I wrote:
the continued downward trend can’t last forever. Congress is scheduled to renew the Farm Bill in 2023. Changes on the table include everything from raising the “hemp threshold” from 0.3% THC to 1.0% THC, to addressing regulation of intoxicating cannabinoids derived from hemp. Another big driver will be the continued adoption of hemp-based textiles and building materials. Even though Oregon hemp has slowed dramatically, expect the state to remain at the fore if and when the trend reverses.
All of that is probably still true, except that Congress missed its deadline and we may not see a renewal of the Farm Bill until late in 2024. In the meantime, I and many others have been asking, “What Happed to Hemp”?
Odds and ends
We’ve seen some noteworthy activity around the edges, locally, which I’d be remiss to leave off:
- Longtime cannabis champion, Earl Blumenauer, announced his coming retirement as an Oregon congressional representative. We’re going to miss him.
- Scotts closed four cannabis supply warehouses in and around the Portland metro.
- Curaleaf gave up on Oregon (and Colorado and California).
- The dormant commerce clause lawsuit filed by our colleague Andrew DeWeese inched slowly forward, with a hearing now set for January 2024. Good luck Andrew!
- Left Coast Financial Solutions, a shady money-services startup serving the industry, had its license suspended by the State Division of Financial Regulation.
- Oregon’s cannabis sales tax revenues dropped in conjunction with falling sales, and continued diverting in part to deficient Measure 110 programs.
Oregon cannabis: that’s a wrap
Let me know in the comments if you think I missed anything worth mentioning, or shoot me an email. There is always something. In the meantime, here’s hoping for better times for Oregon cannabis in 2024.
For previous posts in this series, check out the following:
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Cannabis News
FDA Approves Landmark Clinical Trial for Veterans with PTSD and Smoking Cannabis
Published
3 days agoon
December 3, 2024By
admin
For decades, veterans and civilians alike have turned to cannabis to manage their PTSD symptoms, often finding relief where traditional pharmaceuticals fell short. Walk into any VA hospital, and you’ll likely find patients being prescribed a cocktail of medications – SSRIs like sertraline and paroxetine, anti-anxiety drugs like alprazolam, sleep aids like zolpidem, and sometimes even antipsychotics. Yet many vets report these medications leave them feeling like zombies, trading one set of problems for another.
As someone who’s been following cannabis policy for years, I’ve watched countless researchers bang their heads against the wall trying to study this plant’s potential for PTSD treatment. The roadblocks have been numerous and, frankly, ridiculous. Despite overwhelming anecdotal evidence and desperate pleas from the veteran community, getting approval for clinical trials involving smokable cannabis has been about as easy as teaching a cat to swim – theoretically possible, but practically impossible.
That’s why the FDA’s recent approval of a landmark clinical trial has caught my attention. After three years of back-and-forth negotiations, the Multidisciplinary Association for Psychedelic Studies (MAPS) finally got the green light to conduct a Phase 2 study examining smoked cannabis for PTSD in veterans. This isn’t just another sterile laboratory experiment – it’s designed to reflect real-world usage patterns, something we’ve desperately needed in cannabis research.
In this article, we’ll dive deep into what this study means for veterans, the cannabis community, and the future of federal legalization. We’ll explore why this research is groundbreaking, how it might reshape our understanding of cannabis as medicine, and what it could mean for the millions of Americans living with PTSD.
Let’s dive into what makes this study so groundbreaking. MAPS isn’t just dipping their toes in the water – they’re diving in headfirst with a comprehensive Phase 2 clinical trial involving 320 veterans suffering from moderate to severe PTSD. What makes this study particularly fascinating is its focus on “real-world” cannabis use, allowing participants to self-titrate their dosage of high-THC flower within certain limits.
Now, for those who aren’t familiar with the FDA’s clinical trial phases, let me break it down. Phase 1 typically focuses on safety and involves a small group of people. Phase 2 – where this study sits – is where things get interesting. It’s designed to test both effectiveness and side effects, involving a larger group of participants. If successful, Phase 3 would follow with an even larger group, and finally, Phase 4 would monitor long-term safety after FDA approval.
The fact that this study reached Phase 2 is a big deal, folks. It means we’ve cleared the initial safety hurdles and are moving into territory that could actually influence medical policy. But what really sets this research apart is its focus on smokable flower. This wasn’t an easy win – MAPS had to fight through five partial clinical hold letters from the FDA just to get here.
Why does the smoking aspect matter so much? Well, think about it – most FDA-approved medications come in neat little pills or carefully measured doses. Smoking cannabis? That’s been a major sticking point for regulatory agencies. By including smoking as a delivery method, this study acknowledges how most veterans actually use cannabis in the real world. No fancy pharmaceutical extracts or synthetic compounds – just the plant in its most basic, smokable form.
The implications here are huge. If this study demonstrates positive results, it could fundamentally change how we approach cannabis as medicine. It might force regulatory bodies to reconsider their stance on smokable cannabis, potentially opening doors for more research and eventual federal approval of whole-plant medicine. This could be particularly significant for veterans, who often prefer smoking or vaping cannabis for its rapid onset and ease of dose control.
But perhaps most importantly, this study could provide the hard scientific evidence we’ve been missing. While thousands of veterans have testified about cannabis helping their PTSD, the lack of controlled clinical trials has been a major roadblock in changing federal policy. A successful outcome here could be the wedge we need to finally crack open the door to federal legalization.
Of course, we shouldn’t count our chickens before they hatch. Clinical trials are complex beasts, and there’s still a long road ahead. But for the first time in a long while, I’m feeling optimistic about the direction we’re heading. This study could be the game-changer we’ve been waiting for in the fight for cannabis legitimacy.
Let’s talk about PTSD – a condition that affects roughly 12 million American adults annually. That’s more people than the entire population of New York City, folks. Post-Traumatic Stress Disorder isn’t just about being scared or anxious; it’s a complex psychological condition where traumatic experiences get stuck in an endless replay loop, like a scratched record that keeps skipping back to the same devastating track.
But here’s where cannabis enters the picture, and it’s fascinating how it works. Our endocannabinoid system plays a crucial role in how we process and store memories, particularly emotional ones. When someone consumes cannabis, it can help disrupt those stubborn neural pathways that keep trauma loops running. Think of it like hitting the pause button on a horror movie that’s been playing on repeat in someone’s head.
However – and this is crucial – cannabis isn’t a magic eraser for trauma. I’ve spoken with countless veterans who use cannabis, and they’re the first to tell you: the plant helps manage symptoms, but it doesn’t “cure” PTSD. Real healing requires doing the hard work of processing and integrating traumatic experiences. Cannabis is more like a helpful companion on that journey rather than the destination itself.
What makes cannabis particularly interesting in PTSD treatment is its ability to increase neuroplasticity – the brain’s ability to form new neural connections and reorganize existing ones. This is where the real magic happens. When someone’s brain becomes more “plastic,” they’re better equipped to process traumatic memories and potentially create new, healthier neural pathways.
Speaking of neuroplasticity, we can’t ignore the elephant in the room – psilocybin. Recent studies have shown remarkable promise in treating PTSD with psilocybin-assisted therapy, often producing profound and lasting changes in just a few sessions. The fact that both cannabis and psilocybin increase neuroplasticity while offering different therapeutic approaches suggests we might be onto something big in trauma treatment.
What drives me crazy is how long it’s taken to get here. We’ve known about cannabis’s potential benefits for PTSD for decades. Veterans have been telling us. Trauma survivors have been telling us. Heck, even some forward-thinking psychiatrists have been telling us. Yet we’re only now getting around to serious clinical research? It’s a testament to how prohibition hasn’t just restricted access to cannabis – it’s actively delayed our understanding of this plant’s therapeutic potential.
But hey, better late than never, right? As we move forward with studies like the MAPS trial, we’re finally starting to piece together the scientific puzzle that veterans and other PTSD survivors have known about all along. Cannabis isn’t just helping them sleep better or feel calmer – it’s potentially giving them the neurological flexibility they need to process and integrate their trauma in a healthy way.
Like most things in the cannabis reform movement, progress moves at a snail’s pace. But as frustrating as it might be, we’re undeniably moving forward. The FDA’s approval of this MAPS study, focusing on smokable cannabis no less, marks a significant shift in how our regulatory bodies view cannabis research.
The beauty of this study lies in its real-world approach. No artificial laboratory settings or synthetic cannabinoids – just veterans using cannabis the way they already do. This authenticity could provide invaluable data about how cannabis actually functions as a medicine in everyday life, not just in theory.
Let’s be real though – regardless of what this study finds, veterans and others suffering from PTSD who’ve found relief with cannabis aren’t going to stop using it. The plant has been their lifeline when traditional pharmaceuticals failed them. But positive findings could open doors for countless others who might benefit from cannabis but have been hesitant due to its federal status or lack of clinical validation.
This is particularly crucial for our veteran community. With veteran suicide rates remaining tragically high – averaging around 17 deaths per day – we desperately need more treatment options. It’s no coincidence that veteran groups have been among the loudest voices calling for cannabis research and reform. They’ve seen firsthand how this plant can offer hope where traditional treatments have fallen short.
As we await the results of this groundbreaking study, I remain cautiously optimistic. Sure, progress is slower than we’d like, but each step forward brings us closer to a future where veterans and others with PTSD can access the medicine they need without stigma or legal barriers. And for the countless individuals struggling with PTSD, that future can’t come soon enough.
Source:
www.marijuanamoment.net/fda-approves-long-awaited-clinical-trial-of-smoked-marijuana-to-treat-ptsd-in-veterans/
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Cannabis News
Oregon Cannabis: Get Your OLCC Renewal or New Application in Before December 5th
Published
3 days agoon
December 3, 2024By
admin
As of this Thursday, December 5th, Ballot Measure 119 requires all OLCC licensed retailers, processors and labs to provide a signed labor peace agreement (LPA) with a bona fide labor organization, to renew or apply for an OLCC license.
In the totally avoidable, unduly compressed timeline since BM 119 passed, we have been advising our Oregon cannabis clients to renew their license applications ahead of the December 5th deadline if possible. Same deal for new applicants– get everything in before the deadline. This will allow qualifying businesses to avoid the LPA issue for another year (or maybe forever, if the courts get ahold of BM 119).
OLCC marijuana licensees are required to renew their licenses annually. Licensees are notified 90 days prior to their license expiration date that it’s time for license renewal. According to my wizard paralegal, this notice automatically posts in CAMP, which is the OLCC’s online licensing software. Specifically, a licensee will receive an “Actions Required” notification on their dashboard.
OLCC has confirmed that licenses set to expire after December 5th, will not require an LPA submission until the following year’s renewal, provided that the license has been renewed prior to the December 5th deadline. Same deal with any new license applicant. To that point, OLCC’s most recent BM 119 Bulletin is here. It answers some basic questions and contains no surprises.
OLCC also recently published its Labor Peace Agreement Attestation Form. This is a form that applicants may submit in lieu of actually filing their LPA with the Commission. Somebody asked me what the repercussions might be if they were to submit this form without having a signed LPA in place. The short answer is “don’t do that.” The longer answer is that there are many administrative rules dealing with “false statements”, “material false statements” and the submission of “false or misleading information” to OLCC. License revocation or non-renewal is a real possibility there.
For more information on this topic, the Cannabis Industry Alliance of Oregon has a guide here, and has been sending out helpful emails on its listserv (you can sign up for those here). The relevant OLCC materials are linked above, and I’ll provide links to our previous posts on this topic just below. For now, get those license renewals and applications in!
See also:
Cannabis News
Trump is a Businessman, He Will Legalize and Tax Marijuana
Published
3 days agoon
December 3, 2024By
admin
The two biggest reasons why Trump supporters have said that Trump supports legalization is that he is a businessman and will legalize cannabis and tax it at the Federal level, and that since he will not be up for re-election in 4 years, he will legalize it and not worry about the pushback. Both are terrible reasons because the US government already makes $2.5 billion a year (and growing!) by keeping the 280E tax code in place for cannabis businesses, and since he isn’t running for re-election means he has no incentive to come back to the middle or please Democrats on the weed issue.
Also, taxes are the #1 killer of the legal weed industry right now, so adding a Federal tax to the consumers’ bill will just push more people to the illicit and gray markets.
How bad are taxes in the weed industry you may ask?
The legalization of marijuana has ushered in a new era of cannabis consumption, transforming it from an illicit substance into a mainstream product. As states across the U.S. and countries around the world embrace this change, they are also capitalizing on the opportunity to generate significant tax revenue. However, while the legalization of marijuana has many benefits—including increased access, reduced criminalization, and economic growth—there is a hidden cost that consumers often overlook: the heavy taxation on legal weed. This article delves into the complexities of marijuana taxes, how they impact consumers, and why they may be hitting your wallet harder than you think.
The Landscape of Legal Marijuana
A Brief History of Marijuana Legalization
The journey toward marijuana legalization has been a long and winding road. In the United States, the movement gained momentum in the late 20th century, with California becoming the first state to legalize medical marijuana in 1996. Since then, more states have followed suit, with Colorado and Washington leading the way in 2012 by legalizing recreational use.
As of now, over 20 states have legalized recreational marijuana, while many others allow medical use. This shift has not only changed public perception but also created a new market that states are eager to tax.
The Economic Boom
Legalizing marijuana has proven to be an economic boon for many states. According to reports from various state governments, cannabis sales have generated billions in revenue. For instance, Colorado reported over $2 billion in sales in 2020 alone, contributing more than $387 million in tax revenue to state coffers. These funds are often earmarked for education, infrastructure, and public health programs—benefiting communities and justifying the high tax rates.
Understanding Marijuana Taxes
Types of Taxes Imposed on Cannabis
Marijuana taxes can be categorized into several types:
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Excise Taxes: These are taxes imposed on specific goods and services. In many states where marijuana is legal, excise taxes are levied on cannabis sales at both the wholesale and retail levels. Rates can vary significantly; for example, California imposes a 15% excise tax on retail sales.
Variability Across States
The structure and rates of marijuana taxes vary widely from state to state:
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California: A combination of a 15% excise tax and local sales taxes can lead to total taxes exceeding 30%.
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Colorado: Recreational marijuana is subject to a 15% excise tax plus a 2.9% state sales tax and local taxes that can add up to another 5%.
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Illinois: The state has one of the highest cannabis tax rates in the nation, with recreational marijuana taxed at rates ranging from 10% to 25%, depending on the potency.
This variability creates confusion among consumers and can lead to significant price differences between states.
The Impact on Consumers
The most immediate effect of these taxes is the increased cost of legal marijuana products. Consumers may find themselves paying significantly more for legal weed compared to what they would pay for illicit products. For example:
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A gram of cannabis that might cost $10 on the black market could cost upwards of $15 or more in a legal dispensary due to taxes.
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For consumers who regularly purchase cannabis for medical or recreational use, these additional costs can add up quickly.
Disparities Between Medical and Recreational Use
In many states, medical marijuana patients benefit from lower tax rates compared to recreational users. This disparity raises questions about equity within the legal cannabis market:
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Patients often rely on cannabis for therapeutic reasons and may struggle with higher prices due to taxation.
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Some states exempt medical marijuana from certain taxes entirely or offer reduced rates, but this is not universal.
The Psychological Effect of Pricing
The psychological impact of pricing cannot be underestimated. Higher prices driven by taxes may discourage some consumers from purchasing legal cannabis altogether:
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Consumers may revert to purchasing from illegal sources where prices are lower.
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This undermines one of the primary goals of legalization: reducing illegal drug trade and its associated harms.
The Economic Implications
Impact on Small Businesses
While large corporations often dominate the legal cannabis market, small businesses play a crucial role as well. High taxation can create barriers for small dispensaries and growers:
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Smaller businesses may struggle to compete with larger companies that can absorb costs more effectively.
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High operating costs due to taxation can lead small businesses to raise prices further or limit their product offerings.
Job Creation vs. Tax Burden
Legalizing marijuana has created jobs across various sectors—from cultivation and retail to distribution and marketing. However, if consumer demand declines due to high prices caused by taxation:
The Future of Marijuana Taxation
As more states consider legalization or reevaluate their existing frameworks, there is potential for changes in how marijuana is taxed:
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Some lawmakers are advocating for lower tax rates as a way to encourage consumer participation in the legal market.
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Others argue that maintaining high taxes is necessary for funding public services and addressing social equity issues related to past drug enforcement practices.
The Role of Federal Legislation
Currently, marijuana remains classified as a Schedule I substance under federal law, complicating taxation at that level:
Conclusion
The hidden costs associated with marijuana taxation are significant and multifaceted, presenting both challenges and opportunities. While these taxes generate essential revenue for public services and help regulate an emerging industry, they also impose financial burdens on consumers that can deter participation in the legal market. As legalization expands globally, it is crucial for lawmakers to find a balance between generating revenue and ensuring accessibility for all consumers. By recognizing these hidden costs, consumers can make informed decisions about their cannabis purchases and advocate for fairer tax policies that promote equity within this burgeoning industry. Ultimately, while legal cannabis offers numerous benefits—from improved public health outcomes to enhanced economic opportunities—the taxes associated with it pose a complex challenge that demands careful consideration from both policymakers and consumers. Moving forward into this new era of cannabis consumption, transparency regarding these costs will be essential in shaping a fairer and more equitable market for all stakeholders involved.
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