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Lahti, Lahti & O'Neill, P.C. Blog

Tuesday, March 31, 2015

Massachusetts Bill Would Legalize & Tax Marijuana Use

By Michael T. Lahti

Massachusetts Rep. David Rogers (D) and Sen. Patricia Jehlen (D) on March 10 introduced a bill to legalize and tax recreational marijuana use.  H 1561, also known as the Cannabis Regulation and Taxation Act of 2016, has 13 other cosponsors and would impose an excise tax of $10 per ounce in the first year after the legislation is approved.  The excise tax would increase every year until it reaches $50 per ounce.

The bill states that marijuana products would be subject to a $2.50-per-K-unit (10 mg) fee in the first year the legislation is approved.  This would be increased to $5 per K unit during the third year, and to a capped amount of $10 per K unit during the fourth and following years. Any licensed cannabis facility would be subject to an income and sales tax in the same manner that other enterprises subject to the laws concerning agriculture, agricultural processing, food preparation, and sale of products to the public at retail are taxed, according to the bill.

In the event that the legislation is not approved by lawmakers, the Marijuana Policy Project has already said that it will support a ballot initiative -- led by the Campaign to Regulate Marijuana Like Alcohol in Massachusetts -- in the November 2016 election.


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