Tax Guide for Cannabis Businesses

Tax Guide for Cannabis Businesses

Confused about taxes for a California Cannabis Business?  The California Department of Tax and Fee Administration (CDTFA) (formerly BOE) has a good resource for you – Tax Guide for Cannabis Businesses.  Tax information is available for California marijuana distributors, retailers, cultivators, and manufacturers.

The guide is intended to provide general information regarding issues relating to the Sales and Use Tax Laws, Cannabis Tax Law, and other programs administered by the California Department of Tax and Fee Administration which may affect marijuana businesses.

Any business that sells cannabis or cannabis products, must register with the California Department of Tax and Fee Administration for a seller’s permit.  Cannabis cultivators, processors, manufacturers, retailers, microbusinesses, and distributors making sales are required to obtain and maintain a seller’s permit as a prerequisite for applying for a license with the California Department of Food and Agriculture, the California Department of Consumer Affairs, or the California Department of Public Health.

Distributors of cannabis and cannabis products must also register with the California Department of Tax and Fee Administration for a cannabis tax permit to report and pay the two new cannabis taxes to the CDTFA.  The cannabis tax permit is in addition to the seller’s permit.

Learn more about California Cannabis Licensing and California Cannabis Law.

Contact us to learn more about California state or local cannabis regulations, cannabis regulatory compliance, and cannabis litigation.

California Emergency Licensing Regulations for Medicinal and Adult-Use Cannabis

Bureau Cannabis Control

California’s three state cannabis licensing authorities have proposed emergency licensing regulations for commercial medicinal and adult-use cannabis.  The Department of Consumer Affairs’ Bureau of Cannabis Control, the Department of Public Health’s Manufactured Cannabis Safety Branch, and the Department of Food and Agriculture’s CalCannabis Cultivation Licensing Division each developed the new regulations to reflect the law defined in California’s Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA).

The regulations and their summaries are provided here:

Bureau of Cannabis Control Emergency Regulations

CA Department of Food and Agriculture Emergency Regulations

CA Department of Public Health Emergency Regulations

On June 27, 2017, the California Governor signed MAUCRSA, which creates one regulatory system for both medicinal and adult-use cannabis.  Prior to that law’s passage, state licensing authorities had released proposed regulations to govern the implementation of the Medical Cannabis Regulation and Safety Act (MCRSA).  (Read more about state cannabis law at California Cannabis Law.)  The public hearings and comments from a broad cross section of stakeholders that were informing that regulatory process have also been taken into consideration in the drafting of these proposed emergency regulations.

The licensing authorities expect the emergency regulations to be effective in December 2017.  The implementation date for the issuance of the state commercial cannabis licenses remains the same: January 1, 2018.  However, California will only be able to license those businesses that are in compliance will all local laws.

In addition, the Business, Consumer Services and Housing Agency will hold a workshop with state-chartered banks and credit unions next month to discuss regulatory and compliance issues, as well as potential approaches to banking cannabis-related businesses.

Contact us to learn more about California state or local cannabis regulations, cannabis regulatory compliance, and cannabis litigation.