Legislation

Search OpenLegislation Statutes

This entry was published on 2024-05-03
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
³ 493. 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 rate of nine percent of the
amount charged for the sale or transfer of such adult-use cannabis
products to such retailer; provided that where a person who distributes
adult-use cannabis is licensed under the cannabis law as a microbusiness
or registered organization and such person sells adult-use cannabis
products at retail, such person shall be liable for the tax, such tax
shall accrue at the time of the retail sale, and the amount subject to
the tax imposed by this subdivision shall be seventy-five percent of the
amount charged by such person for the sale or transfer of such products
to a retail customer.

(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.