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View Full Version : Oakland, Cal. Taxes Medical Marijuana!



JazzRemington
22nd July 2009, 09:44
http://www.cnn.com/2009/POLITICS/07/22/california.pot.tax/index.html?eref=rss_topstories

OAKLAND, California (CNN) -- Oakland's bid to become the first U.S. city to tax proceeds on medical marijuana passed Tuesday by a landslide vote. About 80 percent of people voting in the Oakland election approved the new medical marijuana tax. About 80 percent of voters chose to impose the tax on Oakland's medical marijuana facilities, according to the Alameda County Registrar of Voters.

Some celebrated the news at Oaksterdam University by hand-rolling large marijuana cigarettes or stuffing cannabis into pipes. The school trains students for work in the medical marijuana industry.

"It is important because the city of Oakland (http://topics.cnn.com/topics/oakland) is facing a massive deficit like many jurisdictions in California," said Steve DeAngelo, a leader of one of the city's cannabis clubs. "And we decided to step up to the plate and make a contribution to the city in a time of need."
DeAngelo, one of the people who led the effort to get the tax approved, said his business will now have to pay more than $350,000 from the new tax next year. Oakland's City Council was also behind the move. "Given that the medical cannabis dispensaries are something that was legalized in California, why not have revenue from it?" said councilwoman Rebecca Kaplan.

There was no formal opposition to the effort, but some drug fighters say the tax sends the wrong message.

"The taxation of a federally unlawful drug is just not something that the community should accept," said Paul Chabot of the Coalition for a Drug Free California. "With the state in dire straits in finances and the country looking for ways to pay down debt, looking at illegal drugs is the absolute wrong thing to do."

The measure, passed in special mail-in election Tuesday, imposes a 1.8 percent gross receipts tax on the four licensed medical cannabis dispensaries in Oakland.

These facilities would have to pay about $18 in taxes for every 1,000 in marijuana sales.

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I'm worried this may get challenged in a federal court because they are taxing something that is illegal on the federal level.

which doctor
22nd July 2009, 16:07
The funny thing is that some states actually tax illegal marijuana, or they have laws on the books that mandate you pay taxes on that eighth you bought from that shady guy on the corner. I doubt anyone actually pays these taxes, but it does seem legal for states to tax illegal products.

http://norml.org/index.cfm?Group_ID=6668

JazzRemington
22nd July 2009, 21:48
yah, the Marijuana Tax Act of 1937 (which has since been repealed) once required one to have a stamp for any marijuana owned or produced; however, to get the stamp one had to have the substance on hand while applying. You'll recall that it is illegal to own marijuana without a stamp...

Jimmie Higgins
22nd July 2009, 22:15
Woo. They're going to decriminalize sales and tax pot in California next year most likely - I'm in favor of it being on the ballot next year because LGBT marriage will also be on the ballot and so between pot and gay marriage, it will probably be the most youthful voter turn-out ever.