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Annual Report on Tax Exemptions for Medicinal Cannabis
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Annual Report on Tax Exemptions for
Medicinal Cannabis
JULY 2021
Statutory Data Reporting Requirement. goes to the Cannabis Tax Fund created by
Chapter 837 of 2019 (SB 34, Wiener) established Proposition 64 (2016).
new tax exemptions for donations of medicinal Use Tax Revenue Lost. CDTFA estimates that
cannabis. The law directs our office to submit an the 2020 revenue loss from the SB 34 use tax
annual report containing data on three outcomes exemption was roughly $120,000. Revenue from
related to the exemptions: the number of medicinal the use tax goes to the state’s General Fund and to
cannabis patients served, the amount of medicinal local programs.
cannabis products donated, and the amount of
tax revenue lost. This report fulfills that statutory
Figure 1
requirement for 2020.
Amounts of Products Donated Under
Data Source. Our office obtained the data
SB 34 Exemption in 2020
described below from the California Department of
Food and Agriculture and the California Department Weight Specified
of Tax and Fee Administration (CDTFA). The data Product Total Weight (Pounds)
come from the state’s Metrc “track and trace” Flower 2,067
Fresh Plant 39
system for licensed cannabis. In particular, the data
Leaf 3,193
reflect transactions that businesses identified as
Waste 100
medicinal donations in calendar year 2020.
Other 7
Number of Patients Served. In 2020, licensees
identified 13,278 transactions as medicinal Weight Not Specified
donations. The data do not tell us who received Product Total Packages
each donation. Some patients likely received Capsule 3,977
Clone—Cutting 8,521
more than one donation in 2020, so this total
Clone—Tissue Culture 26
likely overstates the number of distinct patients.
Edible 32,634
For example, if a patient received six donations
Extract 10,514
in 2020, then the transaction total includes that
Flower 208
person six times. Immature Plant 347
Amounts of Products Donated. As shown Infused Butter/Oil 27
Other Concentrate 8,207
in Figure 1, licensees donated a wide variety
Pre-Roll Flower 18,132
of products in 2020. The top panel of the figure
Pre-Roll Infused 2,026
summarizes the total weight of donations whose
Pre-Roll Leaf 9,055
weights were specified in the Metrc data. The
Seeds 167,115
bottom panel summarizes the number of donated Tincture 11,008
packages whose weights were not specified. Topical 2,842
Cultivation Tax Revenue Lost. CDTFA Vape Cartridge 15,935
estimates that the 2020 revenue loss from the
SB 34 cultivation tax exemption was roughly
$400,000. Revenue from the cultivation tax
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LAO Publications
This report was prepared by Seth Kerstein, and reviewed by Brian Uhler and Carolyn Chu. The Legislative Analyst’s
Office (LAO) is a nonpartisan office that provides fiscal and policy information and advice to the Legislature.
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