Legislation

Search OpenLegislation Statutes
This entry was published on 2022-04-08
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 493
Imposition of tax
Tax (TAX) CHAPTER 60, ARTICLE 20-C
§ 493. Imposition of tax. (a) There is hereby imposed a tax on
adult-use cannabis products sold by a distributor to a person who sells
adult-use cannabis products at retail at the following rates:

(1) cannabis flower at the rate of five-tenths of one cent per
milligram of the amount of total THC, as reflected on the product label;

(2) concentrated cannabis at the rate of eight-tenths of one cent per
milligram of the amount of total THC, as reflected on the product label;
and

(3) cannabis edible product at the rate of three cents per milligram
of the amount of total THC, as reflected on the product label. This tax
shall accrue at the time of such sale or transfer. Where a person who
distributes adult-use cannabis is licensed under the cannabis law as a
microbusiness or registered organization, such person shall be liable
for the tax, and such tax shall accrue at the time of the retail sale.

(b) In addition to any other tax imposed by this chapter or other law,
there is hereby imposed a tax of nine percent of the amount charged for
the sale or transfer of adult-use cannabis products to a retail customer
by a person who sells adult-use cannabis products at retail. This tax is
imposed on the person who sells adult-use cannabis at retail and shall
accrue at the time of such sale or transfer.

(c) In addition to the taxes imposed by subdivisions (a) and (b) of
this section, there is hereby imposed a tax on the sale or transfer of
adult-use cannabis products to a retail customer by a person who sells
adult-use cannabis products at retail at the rate of four percent of the
amount charged by such person for such adult-use cannabis product, which
tax shall accrue at the time of such sale or transfer. The tax imposed
by this subdivision is imposed on a person who sells adult-use cannabis
products at retail, and shall be paid to the commissioner in trust for
and on account of a city having a population of a million or more, and
counties (other than counties wholly within such a city), towns,
villages, and cities with a population of less than a million in which a
retail dispensary is located.

(d) The taxes imposed by this section shall not apply to sales of
adult-use cannabis to a person holding a cannabis research license under
section thirty-nine of the cannabis law.