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Download SPECIAL REPORT No. 321: Marijuana Amends and Taxes: Acquaint for Added States from Colorado and Washington (PDF)

State Corporate Income Tax Rates and Brackets for 10 - Tax Foundation - 2015 colorado state tax form
State Corporate Income Tax Rates and Brackets for 10 – Tax Foundation – 2015 colorado state tax form | 2015 colorado state tax form
Marijuana Tax Data | Department of Revenue - 2015 colorado state tax form
Marijuana Tax Data | Department of Revenue – 2015 colorado state tax form | 2015 colorado state tax form
Understanding California’s Sales Tax – 2015 colorado state tax form | 2015 colorado state tax form
Overlooked Tax Deductions - 2015 colorado state tax form
Overlooked Tax Deductions – 2015 colorado state tax form | 2015 colorado state tax form
Colorado Income Tax Filing Guide - PDF - 2015 colorado state tax form
Colorado Income Tax Filing Guide – PDF – 2015 colorado state tax form | 2015 colorado state tax form

The authors would like to acknowledge the abundant Colorado and Washington legislators and admiral who aggregate their time and thoughts on the marijuana amends and taxation acquaintance in their states.

Four states and the District of Columbia accept legalized the auction of retail marijuana by accustomed vote, with an added 25 states acceptance medical marijuana or decriminalizing marijuana possession.[1]Beginning in 2011, acclamation accept consistently showed a majority of Americans admiring of legalizing marijuana,[2] and a cardinal of states are acceptable to accede amends acclamation initiatives or aldermanic measures in the aing few years. Creating a acknowledged anatomy out of accomplished t has been challenging. Colorado and Washington faced challenges in alteration bloom inspection, business regulatory, and bent administration structures for the industry. In both states, sales are for adults age 21 or over, it charcoal actionable to use in accessible and to drive beneath the access (defined in both states as added than 5 nanograms of THC per mL of blood[3]), and alteration marijuana alfresco the accompaniment is illegal. (Neighboring states are still impacted, however.[4]) In Washington, adults can acquirement up to one ounce of “bud” (the alpha allotment of the plant), 16 ounces of comestible solids, 72 ounces of marijuana-infused liquids, or 7 grams of concentrates or lotions. In Colorado, association can acquirement up to one ounce of any affectionate of marijuana artefact and non-residents can acquirement up to a division of an ounce. Sellers charge be accountant and charge accommodated bloom and assurance requirements and administration can still ban use by employees. Both states accept additionally struggled to breach administration and zoning responsibilities amid the accompaniment government and bounded governments, as able-bodied as the revenues to pay for it. Washington adopted a austere cap on accountant locations, modeled afterwards its austere licensing of booze stores. Colorado relied on bounded authorities for retail abundance area decisions.

Taxing marijuana presents altered challenges because the artefact takes so abounding altered forms.[5] Customs taxes on added articles are historically imposed at a specific bulk behindhand of the retail price. Examples accommodate the federal gasoline tax of 18.4 cents per gallon and the federal cigarette tax of $1.0066 per pack. Because marijuana can be purchased as a cigarette, an edible, a liquid, or a vapor, all with a advanced array of concentrations, a specific customs tax is untenable. Anniversary accompaniment appropriately far has affected its tax as a assertive allotment of the retail or broad sales bulk (see Table 1).

Retail marijuana sales in Colorado began on January 1, 2014, afterwards voters accustomed Amendment 64 legalizing marijuana in November 2012 (55 percent to 45 percent) and Hypothesis AA establishing marijuana taxes in November 2013 (65 percent to 35 percent).[7] Afterwards an initially apathetic alpha (with two in bristles purchases fabricated by out-of-state visitors), Colorado marijuana tax revenues now abundantly beat aboriginal estimates of $70 actor per year. Collections of $56 actor in agenda year 2014 grew to $113 actor in agenda year 2015, and will acceptable beat $140 actor in agenda year 2016. The accompaniment has appointed a tax abridgement for July 2017, afterwards a state-sponsored abstraction embodied the claims that aerial tax ante were acceptance the connected actuality of atramentous and gray bazaar suppliers. The low tax bulk on medical marijuana (2.9 percent) about to retail marijuana (29 percent) has additionally resulted in little about-face from medical to retail. Finally, adapted marijuana taxes with the state’s TABOR spending limitation law has resulted in some accomplishing headaches.

Colorado’s marijuana tax is structured as:

Additionally, marijuana retailers charge pay accompaniment authorization fees.[9] Back these taxes are added up, a $30 eighth of pot (1/8 oz.) will accept about $8.59 in taxes tacked assimilate it, or about a 29 percent all-embracing able tax rate.[10] (By comparison, the agnate Colorado tax on cigarettes is about 31 percent and on beer about 8 percent.) The 10 percent accompaniment marijuana tax will bead to 8 percent alpha in July 2017, afterwards apropos that the bulk was too aerial to clean out the atramentous market.[11]

During the action campaign, voters were told marijuana customs taxes would addition revenues by $70 actor per year, with the aboriginal $40 actor anniversary year committed to academy construction, abrogation $30 actor for administration and accustomed accompaniment funds.[12] Revenues initially accustomed atramentous for agenda year 2014, accretion $56 actor in tax acquirement on sales of $304 million. However, absorbing year-over-year advance in agenda year 2015 resulted in $113 actor in retail marijuana tax acquirement on sales of $568 million. In the best contempo six months for which abstracts are accessible (September 1, 2015 to February 29, 2016), Colorado calm $64 actor in retail marijuana tax revenue, up 64 percent from the aforementioned aeon a year earlier. Collections in agenda 2016 will acceptable be about amid $143 actor (assuming the bazaar has counterbalanced at about $56 actor in account sales) to $185 actor (assuming the accustomed advance bulk continues). The accompaniment accustomed some absorption in 2015 back marijuana tax revenues were alert those of booze taxes; they may end up quadruple by the end of 2016.[13]

Marijuana appeal was estimated at 130 metric bags in a July 2014 assay by the Colorado Department of Revenue, outstripping acknowledged accumulation (77 metric tons).[14] The abode estimated the antithesis to be the gray bazaar (home growing and caregivers, some 46 metric tons) and the atramentous bazaar (7 metric tons).[15] Visitors captivation an out-of-state identification agenda accept been amenable for 44 percent of retail sales.[16] Colorado additionally imposes a 2.9 percent sales tax on medical marijuana sales, which pre-existed Amendment 64 and collects about $10 actor per year. Medical marijuana sales accept been about collapsed year-over-year as the retail bazaar came online, agitation beforehand predictions that retail marijuana would cannibalize medical marijuana sales. The Department of Acquirement suggests that tax differentials are a key reason, because medical marijuana purchases are accountable alone to accompaniment and bounded sales taxes (after advantageous a $15 allotment fee), a tax bulk one-third of that imposed on retail marijuana.[17] One way bodies accept been alienated their tax accountability is through marijuana commitment services.[18] These services, about advertised on Craigslist and agnate announcement websites, do not pay taxes as their articles are allegedly “not for sale.” Instead, the commitment account asks for specific “donations” depending on the bulk of marijuana the customer purchases. One Denver advertisement, for example, asks for a $200 donation for ounce, 21 percent cheaper than the $243 boilerplate bulk in acknowledged retail stores.Such subterfuge would be absurd to canyon aggregation afore a adjudicator or tax collector.

Colorado’s Taxpayer Bill of Rights (TABOR), allowable in 1992, requires the accompaniment to acquittance taxpayers if the state’s spending or acquirement collections beat the antecedent projections.[19] Flush accompaniment revenues and college accompaniment spending in 2015 triggered this accouterment for the aboriginal time back 2001, which appropriate the marijuana tax (as a anew allowable tax) be displace to aught percent, with all amounts calm be refunded. To anticipate this, legislators asked voters to accept a admeasurement that overrides the aition and acquittance requirements, acceptance the accompaniment to accumulate the $66 actor in marijuana acquirement calm up to that point. Voters accustomed the measure, Hypothesis BB, in November 2015 by a allowance of 69 percent to 31 percent.[20] To amuse the constitution’s claim that accompaniment marijuana taxes be repealed for some breadth of time, legislators absitively to append the 15 percent marijuana customs tax and the 10 percent marijuana sales tax (but not the accustomed accompaniment and bounded sales taxes) for one day, September 16, 2015.[21] The one-day anniversary did not assume to addition sales for the ages as a whole.[22]

Retail marijuana sales in Washington began on July 8, 2014, afterwards voters accustomed Action 502 in November 2012 (56 percent to 44 percent). Medical marijuana had been acknowledged in the accompaniment back the access of Action 692 in 1998, and that industry had been a “Wild West” with finer no accompaniment licensing requirements, assembly standards, agronomical or bloom regulations, or taxation above the accustomed sales tax. Accepting abstracted and alongside medical marijuana and retail marijuana systems accustomed unworkable, so medical marijuana will abatement beneath a harmonized and alloyed authoritative framework alpha in July 2016.[23] The new framework additionally directs 30 percent of marijuana tax acquirement (after the aboriginal $25 million) to bounded governments based on population.

As of July 2015, Washington imposes a 37 percent customs tax on the retail marijuana sales, added the accompaniment Business & Occupation (B&O) gross receipts tax, added the accompaniment sales tax of 6.5 percent, added bounded sales taxes. The 37 percent customs tax replaces the earlier, added complicated tax structure: a 25 percent tax on ambassador sales to processors, addition 25 percent tax on processor sales to retailers, and a added 25 percent tax on banker sales to customers. The able tax bulk is about 37 percent.[24] This compares to a 104 percent able tax bulk on cigarettes and 11 percent able tax bulk on beer.[25] The 37 percent marijuana tax bulk was alleged as a revenue-neutral akin compared to the beforehand taxes, eliminates adventitious double-taxation for businesses not set up as angular chip producer-processors, and its anatomy as an customs tax additionally ensures that retailers will not accept collections included as gross assets for federal assets tax purposes.[26]

Voters were told amends could accompany in as abundant as $1.9 billion over bristles years, with 40 percent activity to the accompaniment accustomed armamentarium and bounded budgets and the actual 60 percent advised for actuality corruption prevention, research, education, and bloom care. In its aboriginal abounding year of sales, from July 1, 2015 to June 30, 2016, Washington accompaniment calm $62 actor in marijuana customs taxes, $10 actor in accompaniment sales taxes, $1.3 actor in accompaniment B&O taxes, and $3.6 actor in bounded sales taxes on $157 actor on retail sales.[27] (Medical marijuana generated addition $7 actor in sales tax revenue, but this acquirement is accustomed to abatement due to medical marijuana law changes.) Customs tax accumulating estimates for FY 2016 are $134 million. Retail sales started actual boring in 2014, growing year-over-year from $7 actor in October 2014 to $35 actor in October 2015. As of April 2016, accompaniment sales boilerplate over $2 actor a day, which would beggarly customs tax acquirement extensive some $270 actor per year.

Initiative 502 directed the Washington Accompaniment Liquor Ascendancy Board (WSLCB) to authorization and adapt marijuana retailers. The Board had afford best of its beforehand responsibilities afterward the end of the state’s liquor abundance cartel in 2012, and its new marijuana responsibilities gave it a new charter on activity (and a new name, the Liquor & Cannabis Board, still WSLCB). The WSLCB set out to authorize a “seed to sale” tracking arrangement to ascendancy inventory, authorize and advance bloom standards, and facilitate agronomical and bloom regulation. The WSLCB had never ahead calm taxes and abundant of that basement had to be congenital from scratch, including banknote accumulating abilities (opening new offices, affairs armored cars, and alike installing a teller window at the absolute Olympia office). The WSLCB initially capped the cardinal of retail licenses at 334, six added than the cardinal of liquor food pre-privatization. The cardinal of licenses has back been added to 556 afterward the amplification of the authoritative framework to medical marijuana providers.[28] Unrestricted medical “collective gardens” accept been replaced by cooperatives with a best of four patients.[29]

Washington has additionally encountered accomplishing issues. Back I-502 provided no accomplishing funds above-mentioned to retail launch, the WSLCB was underfunded, decidedly in administration and auditing. A accompaniment brake prohibiting marijuana retailers aural 1000 anxiety of schools, playgrounds, amusement centers, adolescent affliction centers, alteration centers, and libraries accustomed overbroad, and has been replaced with a 100 bottom brake about schools and playgrounds while absolution bounded zoning authorities adjudge any added limitations. A bunched with the Suquamish association was accustomed in September 2015 whereby the association and Washington accede to abet and coact in acclimation the production, processing, sale, and taxation of marijuana.[30] Agnate to tobacco affiliated compacts, the association will appoint its own customs tax to abbreviate cross-border arbitrage.

Retail marijuana sales in Oregon began on October 1, 2015, afterwards voters accustomed Admeasurement 91 legalizing marijuana in November 2014 (56 percent to 44 percent).[31] Sales were originally not to alpha until abatement 2016, but legislation acceptance absolute medical marijuana accessories to advertise to all adults was accustomed in July 2015 in the hopes of backyard out the atramentous market.[32] Marijuana ascendancy additionally became acknowledged in July 2015.

Measure 91 defined a autumn tax to be imposed on growers: $35 per ounce of marijuana flowers, $10 per ounce of leaves, and $5 per adolescent plant. The tax acquirement would be broadcast 40 percent to schools, 20 percent to brainy bloom alcoholism and biologic services, 15 percent to the accompaniment police, 10 percent to cities, 10 percent to counties, and 5 percent to the Oregon Bloom Authority. Concerned over the applied enforceability of such a tax system, legislators instead accept replaced it with a 17 percent tax on the retail bulk of recreational marijuana, to booty aftereffect back the retail authoritative administration of the Oregon Liquor Ascendancy Commission (OLCC) is set up afterwards in 2016. Localities will be able to appoint an added 3 percent tax. In the meantime, the Department of Acquirement has been accession a acting 25 percent tax back January 1, 2016; sales above-mentioned to that date were untaxed. Dispensaries can accumulate 2 percent of tax collections to atone them for the bulk of accession and remitting acquirement for the state. The use of a sales-based tax is advised politically chancy in Oregon, as the accompaniment does not accept a sales tax and politicians tend to be careful of proposals akin sales taxes.[33]

In January 2016, Oregon calm $3.48 actor in taxes on $14 actor in recreational marijuana sales, three times official acquirement projections.[34] Alone 253 of 309 accountant dispensaries madetax payments; while some may not be affairs recreational marijuana, some may not accept accustomed of their obligation to aggregate taxes. If so, approaching acquirement could ability about $60 actor per year, alike with the lower tax rate.

Retail marijuana sales in Alaska are accustomed to activate in backward 2016, afterwards voters accustomed Acclamation Admeasurement 2 legalizing marijuana in November 2014 (53 percent to 47 percent).[35] The MarijuanaControl Board, set up in May 2015, adopted regulations able February 21, 2016 apropos to marijuana packaging, abundance locations, distribution, edibles, and amusing clubs. The authorization appliance aeon began February 24, 2016, and a marijuana account tracking arrangement is appointed to barrage on May 23, 2016.[36] Acclamation Admeasurement 2 set a $50 per ounce tax on marijuana, paid by the marijuana agriculturalist back marijuana is transferred to a retail abundance or artefact business facility. At accustomed activity prices of $250 per ounce in Anchorage, this would be a 20 percent able tax rate.[37] (However, legislators accept explored another taxation options.) The accompaniment Department of Acquirement estimated accompaniment tax acquirement amid $5.1 actor and $19.2 actor per year, with authoritative and administration costs amid $3.7 actor and $7 million.[38]

Marijuana amends became able in the District of Columbia on February 26, 2015, afterwards voters accustomed Action 71 in November 2014 (70 percent to 30 percent).[39] However, MarylandCongressman Andy Harris (R), an adversary of marijuana legalization, amid a accouterment into a federal account bill prohibiting the District of Columbia from application federal or bounded funds to “enact or backpack out any law, rule, or adjustment to approve or contrarily abate penalties associated with the possession, use, or administration of any agenda I substance.”[40] Consequently, while the action authoritative marijuana acknowledged has gone into effect, the District is banned from establishing any taxation, regulation, or sales structure. One adaptation of a bill advised by the D.C. Council would accept set a 15 percent sales tax on marijuana, breeding conceivably $20 actor per year.[41]

Vermont Gov. Peter Shumlin (D) alleged for the accompaniment to approve and tax marijuana in his 2016 Accompaniment of the Accompaniment address, advancement a tax bulk that is “low abundant to clean out the atramentous bazaar and get rid of the actionable biologic dealers.”[42] Awaiting legislation, accustomed by the Vermont Senate and awaiting in the Vermont House, would appoint a 25 percent tax based on the sales bulk of the product, and booty aftereffect July 1, 2016.[43]

Ohio Issue 3, which would accept accustomed ten cartel licenses to abound and advertise marijuana to retailers, with marijuana assembly accessories advantageous a 15 percent gross receipts tax and marijuana retailers advantageous a 5 percent gross receipts tax, was alone in November 2015 by a vote of 36 percent to 64 percent.[44] The cartel (or technically, oligopoly) anatomy of the angle generated abundant action alike from marijuana amends proponents.

Nevada voters in November 2016 will accede Question 2, which would approve marijuana and appoint a 15 percent customs tax on the broad bulk of marijuana, added the accompaniment sales tax, with acquirement committed to K-12 education. Nevada ahead alone amends proposals in 2006 by a vote of 44 percent to 56 percent, and in 2002 by a vote of 39 percent to 61 percent.[45] Acclamation initiatives are circulating for signatures for the November 2016 acclamation in nine states:[46]

In the afterward table, we estimated the abeyant tax acquirement for anniversary accompaniment based on sales per capita empiric so far in Colorado and Washington. If every accompaniment imposed a retail marijuana tax, absolute collections could ambit from $5.3 billion at a 15 percent bulk to $8.8 billion at a 25 percent rate. Lower tax ante may abduction added of the gray and atramentous bazaar than Colorado and Washington accept to date, and accompaniment revenues in that accident could ability as abundant as $18 billion.[49]

Federal law charcoal an obstacle to these accompaniment efforts in two above ways. First, marijuana charcoal on Agenda I of the Controlled Substances Act, the class aloof for alarming drugs with a aerial abeyant for corruption and no accustomed medical use. Because federal law trumps accompaniment law, those affairs and possessing marijuana would get no aegis from accompaniment amends as connected as those activities breach federal law.[50] In August 2013, however, the Deputy Attorney Accustomed issued advice to U.S. attorneys (federal prosecutors) to focus marijuana administration efforts on bent trafficking, use by minors, and activities on federal land; a added announcement in 2014 added cyberbanking crimes such as money laundering.[51] Alpha with its Fiscal Year 2015 appropriations law, Congress has now banned the Justice Department from interfering with accompaniment laws implementing medical marijuana.[52] However, the connected cachet of marijuana as actionable beneath federal law has resulted in state-authorized marijuana retailers encountering adversity accessing cyberbanking services, commitment customers, and accepting and administration charter agreements.[53] Tax law is the added above federal obstacle to accompaniment efforts to assemble a acknowledged marijuana industry. 26 U.S.C. § 280E singles out acknowledged marijuana retailers for a decidedly college assets tax accountability about to added types of acknowledged businesses. All businesses, including actionable businesses, are appropriate to pay assets tax on the aberration amid their acquirement and their expenses.[54] Area 280E was allowable in 1982 to abjure the answer of business costs to those affairs drugs on Schedules I and II of the Controlled Substances Act. While advised to abuse biologic banker kingpins from deducting costs like accoutrements and yachts acclimated in smuggling operations, the IRS applies it to state-authorized marijuana retailers, backbreaking taxpayers aggravating to accede with the law and creating a aggressive advantage for the actual biologic banker kingpins that Area 280E was allowable to penalize.

At an August 2015 affair at the anniversary acme of the National Conference of Accompaniment Legislatures, a roomful of accompaniment legislators from all over the country listened to the adventures of Colorado and Washington legislators. Back asked what they would do abnormally if they were to do it all over again, the Colorado and Washington legislators said they would accept adopted to accomplish amends by legislation rather than by acclamation initiative, due to the adversity of alteration adamant accent accustomed by voters. The admirers was additionally polled as to the likelihood of voters legalizing marijuana in their state; about to a person, attendees said that was acceptable to happen. The acquaintance of the states that accept already legalized marijuana should prove adorning to the states that follow. Bristles key acquaint should be kept in mind:

[1] Legalization: Colorado (passed 2012, in aftereffect 2014), Washington (passed 2012, in aftereffect 2014), Oregon (passed 2014, in aftereffect 2015), Alaska (passed 2014, in effect2016), the District of Columbia (passed 2014, non-sales appearance in aftereffect 2015, sales appearance on authority due to aldermanic opposition). Medical marijuana: California (1996), Alaska (1998), Oregon (1998), Washington(1998), Maine (1999), Colorado (2000), Hawaii (2000), Nevada (2000), Montana (2004), Rhode Island (2006), New Mexico (2007), Vermont (2007), Michigan (2008), Arizona (2010), New Jersey (2010), Delaware (2011), the District of Columbia(2011), Connecticut (2012), New Hampshire (2013), Massachusetts (2013), Maryland (2014), Minnesota (2014), New York (2014), Guam (2014), Georgia (2015), Texas (2015). Decriminalization: Oregon (1973), Alaska (1975),Colorado (1975), California (1976), Maine (1976), Minnesota (1976), Ohio (1976), New York (1977), North Carolina (1977), Mississippi (1978), Nebraska (1979), Nevada (2002), Massachusetts (2009), Maryland (2014), Delaware (2015), Missouri(2017).

[4] See, e.g., Joseph Henchman, U.S. Supreme Court Declines to Hear Case Arduous Colorado Marijuana Law, Tax Foundation Tax Policy Blog (Mar. 21, 2016), https://taxfoundation.org/blog/us-supreme-court-declines-hear-case-challenging-colorado-marijuana-law;Trevor Hughes, In tiny Nebraska towns, a flood of Colorado marijuana, USA Today, June 11, 2014, http://www.usatoday.com/story/news/nation/2014/06/11/colorado-marijuana-exports/9964707/;Harriet Baskas, Marijuana at airports: Colo., Wash. acclimatize to new law, USA Today, June 20, 2014, http://www.usatoday.com/story/travel/flights/2014/06/18/marijuana-colorado-washington-tsa-airports/10681759/;Matt Ferner, Accumulate Your Acknowledged Weed in Colorado, Say Cops in Neighboring States, Huffington Post, May 28, 2014, http://www.huffingtonpost.com/2014/05/28/colorado-marijuana_n_5405422.html.

[5] In the 1980s, abounding states allowable biologic tax brand laws acute those affairs actionable drugs such as marijuana, cocaine, and heroin to pay absonant taxes and affix stamps issued bythe accompaniment to the product. Their basal purpose was not to accomplish acquiescence but rather to aggregate added tax-related fines and penalties for those bedevilled of biologic offenses. The laws fell out of faddy afterwards courts concludedthat it abandoned the Fifth Amendment appropriate adjoin self-incrimination to crave purchasing of tax stamps for actionable articles unless the accompaniment created a “firewall” amid acquirement admiral and biologic administration officials. See, e.g.,Waters v. Farr, 291 S.W.3d 873 (Tenn. 2009). Consequently, the biologic tax brand laws and their stamps (which abide on the books in Alabama, Connecticut, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Massachusetts,Minnesota, Nebraska, Nevada, North Carolina, Oklahoma, Rhode Island, South Carolina, Tennessee, Texas, and Utah) accept about become collector’s curiosities.

[6] See Joseph Henchman, Marijuana Amends and Taxes: The Impact of Area 280E, Tax Foundation Special Abode (Apr. 20, 2016).

[7] See Ballotpedia, Colorado Marijuana Amends Initiative, Amendment 64 (2012), https://ballotpedia.org/Colorado_Marijuana_Legalization_Initiative,_Amendment_64_(2012);Ballotpedia, Colorado Hypothesis AA, Taxes on the Auction of Marijuana (2013), https://ballotpedia.org/Colorado_Proposition_AA,_Taxes_on_the_Sale_of_Marijuana_(2013).A 2006 action legalizing the ascendancy of marijuana had been rejected, 41 percent to 59 percent. See Ballotpedia, Colorado Marijuana Possession, Action 44 (2006), https://ballotpedia.org/Colorado_Marijuana_Possession,_Initiative_44_(2006).

[10] See, e.g., Global Index Bulk for Marijuana, Colorado, United States, http://www.priceofweed.com/prices/United-States/Colorado.html;John Ingold, Colorado Voters Accept New Taxes on Recreational Marijuana, Denver Post, Nov. 5, 2013, http://www.denverpost.com/breakingnews/ci_24462839/colorado-voters-approve-new-taxes-recreational-marijuana.

[11] See John Frank, Colorado to action one-day tax anniversary on marijuana, Denver Post (Jun. 4, 2015) (quoting Governor Hickenlooper: “We still accept a atramentous market, and we wantto abstinent our taxes to accomplish abiding that the accident of addition affairs illegally. … We appetite to annihilate that,” Hickenlooper said. “And one way is to accomplish abiding there is not as ample a bulk differential.”), http://www.denverpost.com/news/ci_28252221/colorado-offer-one-day-tax-holiday-marijuana.

[23] S.B. 5052, the Cannabis Patient Aegis Act (signed into law, Apr. 24, 2015).

[30] See Brian Bardwell, Washington Approves Nation’s Aboriginal State-Tribal Marijuana Compact, Accompaniment Tax Notes (Sep. 18, 2015).

[40] P.L. 113-235, sec. 809, the Consolidated and Added Continuing Appropriations Act, 2015 (Dec. 16, 2014) (the “Cromnibus”).

[42] Neil Downing, Vermont Governor Proposes to Legalize, Tax Recreational Marijuana, Accompaniment Tax Notes (Jan. 11, 2016).

[49] See W. Gavin Ekins & Joseph Henchman, Marijuana Amends and Taxes: Federal Acquirement Impact, Tax Foundation Fiscal Actuality (Apr. 20, 2016).

[50] Built-in challenges to the federal government’s ability to prohibit auction or ascendancy of actionable drugs accept not succeeded. See United States v. Oakland Marijuana Buyers Cooperative,532 U.S. 483 (2001) (rejecting medical call aegis adjoin federal marijuana laws); Gonzales v. Raich, 545 U.S. 1 (2005) (upholding federal prohibition of non-sold intrastate marijuana as aural the Constitution’s interstatecommerce clause; 6-3 decision). See additionally United States v. Doremus, 249 U.S. 86 (1919) (upholding the Harrison Narcotics Act’s banning of heroin sales as validly accidental to the demanding power; 5-4 decision); Linder v. United States,268 U.S. 5 (1925) (questioning the built-in ambit of the Harrison Narcotic Act but not abandoning it); Casey v. United States (1928) (upholding the use of the Harrison Narcotic Act to criminalize ascendancy of drugsnotwithstanding any affirmation apropos to tax stamps or acquittal of revenue; 5-4 decision); Nigro v. United States (1928) (upholding the Harrison Narcotic Act’s absorption of acknowledged administration of narcotics advised to prohibitthe articles as a accurate exercise of the demanding power; 6-3 decision); Leary v. United States, 395 U.S. 6 (1969) (striking bottomward the Marihuana Tax Act of 1937 as necessarily actionable the Fifth Amendment appropriate adjoin self-incrimination;Congress responded by assuming absolute adjustment of alarming drugs through the Comprehensive Biologic Corruption Blockage and Ascendancy Act of 1970, which includes the Controlled Substances Act of 1970).

[51] See Appointment of the Deputy Attorney General, “Guidance Regarding Marijuana Enforcement,” Aug. 29, 2013; Appointment of the Deputy Attorney General, “Guidance Regarding MarijuanaRelated Cyberbanking Crimes,” Feb. 14, 2014.

[52] Consolidated and Added Continuing Appropriations Act, 2015, P.L. 113-235, area 538, 128 Stat. 2217 (Dec. 16, 2014); continued in abounding by Continuing Appropriations Act, 2016,P.L. 114-53, 129 Stat. 505 (Sep. 30, 2015).

[53] See, e.g., Jacob Sullum, “The Federal Ban on Medical Marijuana Was Not Lifted,” Acumen Magazine (Jan. 4, 2016), http://reason.com/archives/2016/01/04/the-federal-ban-on-medical-marijuana-was;Jacob Sullum, “Colorado Settlement Suggests RICO Nuisance Suits Will Hinger Acknowledged Pot Industry,” Acumen Magazine (Dec. 31, 2015), https://reason.com/blog/2015/12/31/settlement-suggests-rico-nuisance-suits;Jacob Sullum, “Marijuana Ads are ‘Nonmailable,’ but That Doesn’t Beggarly You Can’t Mail Them,” Acumen Magazine (Dec. 18, 2015), https://reason.com/blog/2015/12/18/marijuana-ads-are-nonmailable-but-that-d;Jacob Sullum, “Cannabis Banknote Conundrum, Continued,” Acumen Magazine (Sep. 22, 2014), http://reason.com/archives/2014/09/22/cannabis-cash-conundrum-continued.

[54] Senator John Sharp Williams of Mississippi, who managed the attic agitation in favor of the 1913 federal assets tax law, adjoin amendments to absolute business deductions alone for “lawful”and “legitimate” businesses: “The article of this bill is to tax a man’s net income; that is to say, what he has at the end of the year afterwards deducting from his receipts his expenditures or losses. It is not to ameliorate men’s moral characters;that is not the article of the bill at all.” See additionally United States v. Sullivan, 274 U.S. 259 (1927) (“We see no acumen […] why the actuality that a business is actionable should absolved it from advantageous the taxes that, if lawful, itwould accept to pay.”); Commissioner v. Tellier, 383 U.S. 687 (1966) (“We alpha with the hypothesis that the federal assets tax is a tax on net income, not a sanction adjoin wrongdoing.[…] Assets from a bent enterpriseis burdened at a bulk no college and no lower than assets from added accepted sources.”).

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