AB 725

Bill Subjects

Abstract

Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , approved by the voters as Proposition 64 at the November 8, 2016, statewide general election, regulates the cultivation, distribution, transport, storage, manufacturing, testing, processing, sale, and use of marijuana for nonmedical purposes by people 21 years of age and older. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. AUMA imposes an excise tax on the purchase of cannabis and cannabis products at the rate of 15% of the average market price of any retail sale by a cannabis retailer, as specified. AUMA, and as additionally amended by statute, also imposes a cultivation tax upon all cultivators on all harvested cannabis that enters the commercial market, at specified rates per dry-weight ounce of cannabis flowers and leaves. AUMA imposes a monetary penalty, among other things, on a licensee who fails to pay the excise or cultivation tax of at least 12 of the amount of taxes not paid. AUMA requires these taxes and penalties, among other amounts collected, to be deposited in the California Cannabis Tax Fund, a continuously appropriated fund, for specified purposes required under AUMA. This bill would remove the monetary penalty imposed on a licensee who fails to pay the excise or cultivation tax enacted by AUMA, but would retain the monetary penalty on a person who is required to be licensed under AUMA but who is not licensed, and who fails to pay the excise or cultivation taxes, as specified. AUMA authorizes the Legislature to amend its provisions with a23vote of both houses to further its purposes and intent. This bill would declare that its provisions further specified purposes and intent of the act.