Proposition 64 Regulation Under the Adult Use of Marijuana Act. Thursday, April 6, 2017

Similar documents
Adult Use of Marijuana Act Proposition 64 League of California Cities. Wednesday, January 11, :00 p.m. 4:30 p.m.

10.1. Placerville, a unique historical past forging into a golden future.

City Council Agenda Item

MARIJUANA REGULATORY STRUCTURE LEGISLATION

Cannabis Regs City of San Luis Obispo

City of La Mesa. Cannabis Taxation Discussion. February 28, 2018

Butte County Board of Supervisors Agenda Transmittal

A City Finance Update

RESOLUTION NO

Recreational Marijuana in Oregon How it Will Look Rob Patridge, Chair, Commission ODMO, December 2015

PROPOSITION M (Adopted by the Voters of Los Angeles at the Election on March 7, 2017)

Culver City Marijuana Task Force Marijuana Taxation. June 21, 2017

CALIFORNIA CANNABIS TAX & PAYMENT GUIDE GUIDANCE FOR

City Council Worksheet Commercial Marijuana

0860 State Board of Equalization

CITY COUNCIL SUMMARY REPORT. Agenda No. Key Words: Marijuana Tax Meeting Date: April 26, 2016 PREPARED BY: Douglas L. White, City Attorney

Public Finance of Legal Marijuana The Colorado Experience

CITY OF PACIFICA COUNCIL AGENDA SUMMARY REPORT 6/26/2017

Public Finance of Legal Marijuana The Colorado Experience

Initiative 502 Fiscal Impact through Fiscal Year 2017 General Assumptions State and Local Government Revenue Estimates Assumptions

Michigan Prevention Association

Los Angeles County Democratic Party Ballot Measures Committee 2017 Spring Elections March 7, 2017

APPROVED: Monica Valdes Lupi Executive Director Revised: July 17, 2017 I. GUIDELINES

CaliforniaCityFinance.com

BOARD OF SUPERVISORS, COUNTY OF HUMBOLDT, STATE OF CALIFORNIA Certified copy of portion of proceedings, Meeting of November 14,2017

Medical Marijuana Taxation Strategies County Board of Supervisors Mendocino County May 16, 2016

TAX NOTE: Tax Revenues from Legalizing Recreational Marijuana Under Michigan s Proposal

Oakland Cannabis Cultivation and Manufacturing Market Share. Tax Policy Paper

Exhibit A to Resolution ORDINANCE 1527 AN ORDINANCE OF THE PEOPLE OF THE CITY OF BANNING, CALIFORNIA AMENDING TITLE 3 (REVENUE AND FINANCE) OF

General Fund Revenue Overview

SONOMA COUNTY CANNABIS PROGRAM TIM RICARD, CANNABIS PROGRAM MANAGER SONOMA COUNTY SEPTEMBER 23, 2017

Transitioning From Medical Cannabis Collectives To Commercial Cannabis Businesses

City Council Report 915 I Street, 1 st Floor

Cannabis Consumption Establishment

Third Update to HCR48 Task Force from Policy Subcommittee October 14, 2014

MEETING OF THE MEDICAL CANNABIS COMMISSION AGENDA

League Policy Direction

DEFINITION OF REVENUE SOURCES GENERAL FUND

MEASURE N: NON-MEDICAL CANNABIS BUSINESS TAX September 2016

ACTION CALENDAR February 13, 2018 (Continued from January 30, 2018) Members of the City Council. Mayor Jesse Arreguin. Subject:

MEMORANDUM SUBJECT: CANNABIS FACILITIES BUSINESS LICENSE AND ZONING REGULATIONS

Sacramento Councilman Jay Schenirer to seek marijuana tax measure

65th Legislature AN ACT REVISING THE MONTANA MEDICAL MARIJUANA ACT; REQUIRING SEED-TO-SALE TRACKING;

Recreational Marihuana Legalization in Michigan

Tax and Legal Cannabis Policy

ORDINANCE NO

11 - Tax Court Denies Deductions and Costs of Goods Sold Claimed by Medical-marijuana Dispensary

ORDINANCE NO. A new City of Merced Municipal Code Chapter 3.52 is hereby adopted to read:

California 2016 Ballot Propositions & Descriptions

O R D I N A N C E N o.

ianthus Capital Acquires Medical Cannabis Business of GrowHealthy Holdings, Marking Full-Scale Entry into Fast Growing Florida Market

TOWN OF SOUTH BERWICK EMERGENCY ORDINANCE ESTABLISHING A MORATORIUM ON REGISTERED CAREGIVER RETAIL STORES

RESOLUTION NO. RES

11/06/ STATE GENERAL OCEANA COUNTY

Implementing Recreational Marijuana in Oregon

Chapel Hils Homeowner Association. Rules and Policies for Clubhouse Rental

STATE PROPOSALS. Proposal 18-1

ORDINANCE NO. ## N.S.

Mammoth Lakes Town Council Agenda Action Sheet Agenda Item # 1 ~ FileNo 0 SO Council Meeting Date: April 1, 2015 Date Prepared: March 23, 2015 Prepare

Chapel Hils Homeowner Association. Rules and Policies for Clubhouse Rental

CHAPTER 10 FIREWORKS REGULATIONS

ISSUE: Prop. 64. Marijuana Legalization. Initiative Statute.

REPORT OF THE CHIEF LEGISLATIVE ANALYST

DRAFT MEDICAL MARIHUANA FACILITIES ORDINANCE ORDINANCE NO:

Berrien County Michigan

PIONEER VALLEY PLANNING COMMISSION. MODEL MEDICAL MARIJUANA FACILITY/REGISTERED MARIJUANA DISPENSARY BYLAW (December 2013)

Case No. Fee. Accepted By COMMERCIAL MEDICAL CANNABIS OPERATION PERMIT APPLICATION. Pursuant to City of Morro Bay Municipal Code Chapter 5.

Prop. 26: New Supermajority Requirements for Regulatory Fees

ORDINANCE NO. 511 THE PEOPLE OF THE CITY OF ALTURAS DO HEREBY ORDAIN AS FOLLOWS:

EXHIBIT A ORDINANCE NO.

Berkeley Municipal Code Page 1/5

CANNABIS BUSINESS OPERATOR PERMIT APPLICATION Finance Department Grand Avenue, SSF CA Phone: (650)

CHAPTER 208 SENATE BILL 1350 AN ACT

Budget Introduction Proposed Budget

CANNABIS PERMIT APPLICATION

Chapter 5.10 CANNABIS BUSINESS TAX Sections:

Medical Marijuana General Liability Application

U S E P E R M I T. CITY OF BERKELEY ZONING ORDINANCE Berkeley Municipal Code Title 23 USE PERMIT #

pm»i»i fh <m L'* f * u 1g I05n II I t \ MICHAEL N. FEUER CITY ATTORNEY REPORT RE:

Initiative 300 Rules and Regulations Public Hearing

CANNABIS PERMIT APPLICATION

Financial Responsibilities and City Revenues

ORDINANCE NO A. Title 7 (Cannabis Regulation) is amended to add Chapter 7.10 (Cannabis Business Tax), as follows:

FULL TEXT OF MEASURE U CITY OF PLACENTIA. The People of the City of Placentia do ordain as follows:

SB 1466 AND SCA 20 (GLAZER) - ALLOCATION OF BRADLEY BURNS SALES TAXES

TAX EXCHANGE AGREEMENT BETWEEN THE COUNTY OF SACRAMENTO AND THE CITY OF SACRAMENTO, RELATING TO THE PANHANDLE ANNEXATION

FULL TEXT OF MEASURE B continued FULL TEXT OF MEASURE B

January 25, 2016 M E M O R A N D U M MAYOR AND CITY COUNCIL BRETT ESTES, CITY MANAGER LOCAL OPTION TAX - MARIJUANA RETAILERS DISCUSSION/ANALYSIS

GILBERT ORTIZ PUEBLO COUNTY CLERK AND RECORDER 720 N. MAIN STREET, SUITE 200 PUEBLO, CO GENERAL ELECTION

A Look at Voter-Approval Requirements for Local Taxes

INSIGHTS WEST Survey on the U.S. Presidential Election in California - November 7, 2016

Prop. 26 New Limits on Government Fees

Basics of Municipal Finance: Revenue Sources, Debt Financing, and Spending and Debt Limitations

Occupational. tax certificate application. Business Services Department Licensing & Revenue Section / Occupational Tax Unit phone:

California Legislative Session Bill Tracking

Transient Occupancy Tax From: A Planner s Guide to Financing Public Improvements And California Legislative Analysis s Office

ORDINANCE NO. E. To raise the appropriations limit for the County.

Chapter 14 MUNICIPALLY IMPOSED TAXES AND FEES

Attacks on Public Contracting

RESOLUTION NO. WHEREAS, the City Council of the City of Watsonville desires to call a

Transcription:

Proposition 64 Regulation Under the Adult Use of Marijuana Act Thursday, April 6, 2017 1

How to Ask a Question All phone lines have been muted. For written questions - use the Q&A window to the right side of your screen. Please enter your name, title and city. 2

Presenters Tim Cromartie Legislative Representative, League of California Cities Michael Coleman Fiscal Policy Advisor, League of California Cities David McPherson Cannabis Compliance Director, HDL Companies 3 3

Agenda Summary of Proposition 64 (AUMA) Key Differences: AUMA vs. MMRSA Proposition 64 (AUMA) and Regulation Personal Use and Personal Cultivation State Licensing of Commercial Operations Local Regulation of Commercial Operations Proposition 64 and Taxation Allocation of Revenues Local Taxes and Fees State and Local Sales Tax Exemptions Local Policy Issues Questions and Answers 4 4

Summary: Proposition 64 The Adult Use of Marijuana Act (AUMA) Legalizes the nonmedical use of marijuana by persons 21 years of age and over and the personal cultivation of six (6) marijuana plants Creates state regulatory and licensing system for the commercial cultivation, testing, and distribution of nonmedical marijuana, and the manufacturing of nonmedical marijuana products Allows local governments to prohibit or regulate and license commercial nonmedical marijuana Takes effect November 9, 2016 5 5

Key Differences: MMRSA and AUMA Medical Marijuana Regulation & Safety Act (MMRSA) v Adult Use of Marijuana Act (AUMA) Medical Marijuana Regulation & Safety Act (MMRSA) Adult Use of Marijuana Act (AUMA) Focus Regulates medical marijuana Regulates nonmedical marijuana Taxation Local Regulations Personal Cultivation Authorizes counties to impose excise taxes Exempts medical marijuana from state/local sales tax Imposes state taxes on purchase and cultivation marijuana Local taxation is not pre-empted, except for sales tax. Local governments may allow, regulate, or prohibit commercial marijuana businesses within their jurisdictions. This should be reflected in an ordinance that contains express language. Does not alter local authority to prohibit all personal cultivation Locals can reasonably regulate but cannot ban indoor cultivation for personal use. Local government may still regulate or prohibit commercial indoor cultivation. 6 6

AGE: 21 years of age or older Personal Use POSSESSION: May possess, process, transport, purchase, obtain, or give away 28.5 grams of non-concentrated non-medical marijuana, or 8 grams of concentrated marijuana products USE: May smoke or ingest marijuana or marijuana products CULTIVATION: May possess, plant, cultivate, harvest, dry or process up to 6 plants per residence for personal use 7 7

Restrictions on Personal Use No smoking in a public place (except where authorized locally) No smoking where smoking tobacco is prohibited No smoking within 1,000 feet of a school, day care center or youth center No smoking while driving or riding in a vehicle Cities may prohibit smoking and possession in buildings owned, leased, or occupied by the city Employers may maintain drug-free workplaces 8 8

Personal Cultivation Local governments may reasonably regulate but not prohibit personal indoor cultivation of up to 6 marijuana plants within a private residence. Includes cultivation within a greenhouse or other structure on the same parcel of property that is not visible from a public space. Local governments may regulate or prohibit personal outdoor cultivation. 9 9

Questions about Personal Cultivation Should locals attempt to regulate? Default Approach - Complaint-based Inspection Protocol Complaints will likely be based on: Odor (nuisance) Foot traffic (privacy and public safety) City may enact ordinance requiring inspections for: Fire Safety (use of electrical lamps) Public Health (presence of mold due to inadequate ventilation) City could opt to pursue nuisance abatement action 10

Questions about Personal Cultivation What would reasonable regulations on indoor cultivation of 6 plants within a personal residence potentially look like? Examples: A local requirement for a residential cultivation permit, with an appropriate fee; Requiring as a condition of the permit, that the permit holder agree to periodic inspections (upon appropriate notice), to ensure that cultivation is not: In excess of the six-plant limit Drawing more electrical power from the grid that the structure/house is designed to withstand, thereby causing a fire hazard Presenting a health hazard such as mold accumulation Using more water than is reasonably required to cultivate six plants Express local regulations requiring cultivation to comply with the Fire Code, Building Code and reasonable limitations on the use of water Utility User Tax issue 11

State Licensing of Commercial Operations All nonmedical marijuana businesses must have a state license State license cannot be issued to an applicant whose operations would violate the provisions of any local ordinance or regulations State license will be valid for one year. Separate state license required for each business location. 12 12

Local regulation/prohibition of Commercial Operations Cities/counties may regulate or completely prohibit state-licensed marijuana businesses (recreational and medical) But cities cannot prohibit use of public roads for deliveries in another jurisdiction State standards are minimum standards. Cities/counties may establish additional standards, regulations re: health & safety, environmental protection, testing, security, food safety, and worker protections 13 13

Local regulation/prohibition of Commercial Operations Proposition 64 does not require a city to enact a regulatory scheme or prohibition by certain date. League anticipates that State will not begin issuing licenses before January 1, 2018. If city prohibition or regulations in place before business applies for state license, state license either will not issue or be subject to local regulations. 14 14

Excise Taxes, Sales & Use Taxes Excise Tax: All taxes are either property taxes or excise taxes. Property tax = tax on ownership of (real or personal) property is triggered by the mere ownership of property. Excise tax = tax on the privilege of using, doing something with property. Examples of local excise taxes: business license tax transient occupancy tax State and Local Sales and Use Tax parcel tax The sales tax is a tax on the privilege of selling tangible personal property at retail (Calif Rev&TaxCode 6051). The use tax is imposed on the storage, use or other consumption of tangible personal property purchased from a retailer (R&TCode 6201). 15 15

Prop. 64 and Taxation of Marijuana Adds state excise tax of 15% on the privilege of purchasing marijuana at retail (Section 34011(a)). Effective January 1, 1018 Adds excise tax of $9.25/dry-weight ounce (flowers) and $2.75/dryweight ounce leaves on the privilege of cultivating marijuana. Effective January 1, 1018 Prop. 64 does not affect local governments authority to impose taxes on medical or non-medical marijuana. Exemptions: Marijuana cultivated for personal use is exempt from cultivation tax. Medical marijuana is exempt from state/local sales tax but NOT other state or local taxes. Effective November 9, 1016 16 16

Taxes and Fees on Marijuana under Proposition 64 Applies to non-medical only Sales and Use Tax Applies to medical and non-medical State Marijuana Excise Tax State Cultivation Taxes 7.25%+ retail price 15% gross receipts of retail sale $9.25/oz flowers $2.75/oz leaves Effective November 9, 2016 Effective January 1, 2018 17 *county if in unincorporated county 17

Allocation* of State Excise Taxes on Marijuana under Proposition 64 *may be altered by majority vote of the Legislature after 2027 60% youth programs, substance abuse education, prevention and treatment 20% environmental cleanup, remediation 20% Reduce DUI, reduce negative health impacts re: marijuana legalization A city (or county) that bans cultivation, including outside personal cultivation, or the retail sale of marijuana, is not eligible for some grants. 18 18

Local Taxes and Fees on Marijuana Prop. 64: The new state excise taxes are in addition to any other tax imposed by a city, county or city and county (Calif Rev&TaxCode 34021) New, increased, or extended local taxes require voter approval (2/3 for special tax; majority vote for general tax) The most common local excise tax is a business license tax: Dispensing Cultivation Manufacturing Transportation Local governments sales tax may not differ from Bradley- Burns Uniform Sales and Use Tax Law in either what is taxed or the rate of the tax. 19 19

Local Taxes and Fees on Marijuana Taxes vs. Fees Business License Taxes allow revenue to be appropriated for any municipal purpose unless the tax has been approved as a special tax for a specific purpose. Business Regulatory Fees may recover the reasonable regulatory costs for issuing licenses and permits, performing investigations, inspections, and audits and enforcing these regulations and should be scaled appropriately. 20 20

Taxes and Fees on Marijuana under Proposition 64 Applies to non-medical only Applies to medical and non-medical Sales and Use Tax State Marijuana Excise Tax State Cultivation Taxes 7.25%+ retail price 15% gross receipts of retail sale $9.25/oz flowers $2.75/oz leaves Effective January 1, 2018 21 Effective November 9, 2016 *county if in unincorporated county City* Marijuana Excise Tax if enacted/approved by voters XX% gross receipts or other basis (not a sales tax) City* Marijuana Business Regulatory Fee if enacted To pay for regulation. Limited to cost recovery. 21

Exemptions from Taxation of Marijuana Proposition 64 exempts: marijuana cultivated for personal use from the new state cultivation tax. medical marijuana from state/local sales tax. but not state or local excise taxes. 22 22

State and Local Sales Tax Exemption Exempts medical marijuana sales to a patient (or primary caregiver) who has an identification card and a valid government-issued identification from state and local sales and use taxes: H & S 34011 (g). The sales and use tax imposed by Part 1 of this division shall not apply to retail sales of medical cannabis, medical cannabis concentrate, edible medical cannabis products or topical cannabis as those terms are defined in Chapter 3.5 of Division 8 of the Business and Professions Code when a qualified patient (or primary caregiver for a qualified patient) provides his or her card issued under Section 11362.71 of the Health and Safety Code and a valid government-issued identification card. NOTE: Physician s recommendation is not sufficient but is required by Prop.64. Effective November 9, 2016. 23 23

State and Local Sales Tax Exemption State Department of Public Health required under existing law to establish voluntary program for issuance of identification cards to qualified patients. County health departments process applications and issue identification cards Prop. 64: All identification cards must be supported by a physician s recommendation Prop. 64: Identification card application system/database may not contain personal information of qualified patients (unique user ID number) Prop. 64: County fees limited to $100 per application. Reimbursement from State is available. 24 24

State and Local Sales Tax Exemption State Board of Equalization, Tax Guide for Medical Cannabis Businesses intended for the industry but may be helpful to local governments. http://www.boe.ca.gov/industry/medical_cannabis.html Statewide, the top five cities levying a sales tax on medical marijuana yield $6,158,000. (Source: HdL Companies) Offsetting sales tax revenue gain from sales of non-medical marijuana: unknown. Cities will first experience a reduction in revenues from this source for the fourth quarter of 2016 as of March 2017. 25 25

State and Local Sales Tax Exemption Mitigating Sales Tax Revenue Losses Engage with dispensaries and enforce the terms under which the sales tax exemption applies. 1. Patients who wish to claim the sales tax exemption must display a valid medical marijuana card and government-issued identification card. 2. The card should be issued by either the California Dept. of Health Services or your county s health department. 3. A physician s recommendation alone is not sufficient to obtain the sales tax exemption but is required in support of the application for a card. 4. Cities may wish to consider adopting a regulation requiring dispensaries to check for card compliance. Loss of sales tax revenue from medical marijuana sales will be offset to some degree by sales tax revenue from non-medical marijuana sales. 26 26

Local policy issues Does your city want to: Take steps to mitigate anticipated loss of sales tax revenue from medical marijuana in the short term? Enact business regulations of non-medical marijuana businesses? Require retailers of medical marijuana to enforce eligibility for medical marijuana sales tax exemption? Impose local taxes on marijuana? 27 27

Issues of Concern Local approval in licensing process Drugged driving, need for sobriety test Banking issues Taxation 28 28

State Licensing Entities Recreational and Medical Marijuana Department of Consumer Affairs Department of Food & Agriculture Bureau of Medical Cannabis Regulation CalCannabis Cultivation Licensing P.O. Box 138200 Email: CalCannabis@cdfa.ca.gov (800) 952-5210 (916) 263-0801 Email: bmcr@dca.ca.gov *Cultivation Licenses *Dispensaries *Transportation *Distribution *Laboratory testing 29 29

State Licensing Entities Recreational and Medical Marijuana Office of Manufactured Cannabis Safety Department of Public Health California Department of Public Health Office of Medical Cannabis Safety P.O. Box 997377, MS 0511 Sacramento, CA 95899-7377 (916) 445-0275 Email: omcs@cdph.ca.gov *Manufacturing licenses 30 30

Contact Information Tim Cromartie Legislative Representative League of California Cities tcromartie@cacities.org (916) 658-8252 Michael Coleman Fiscal Policy Advisor League of California Cities (530)758-3952 coleman@muniwest.com David McPherson Cannabis Compliance Director HdL Companies dmcpherson@hdlcompanies.com 31 31