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Annual Report on Tax Exemptions for Medicinal Cannabis
Annual Report on Tax Exemptions for Medicinal Cannabis
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June 14, 2023
Annual Report on Tax Exemptions for Medicinal Cannabis
Statutory Data Reporting Requirement. Chapter 837 of 2019 (SB 34, Wiener) established new tax exemptions for donations of medicinal cannabis. The law directs our office to submit an annual report containing data on three outcomes related to the exemptions: the number of medicinal cannabis patients served, the amount of medicinal cannabis products donated, and the amount of tax revenue lost. This report fulfills that statutory requirement for 2022.
Data Source. Our office obtained the data described below from the Department of Cannabis Control and the California Department of Tax and Fee Administration (CDTFA). The data come from the state’s Metrc “track and trace” system for licensed cannabis. In particular, the data reflect transactions that businesses identified as medicinal donations in calendar year 2022.
Number of Patients Served. In 2022, licensees identified 47,371 transactions as medicinal donations. The data do not tell us who received each donation. Some patients likely received more than one donation in 2022, so this total likely overstates the number of distinct patients. For example, if a patient received six donations in 2022, then the transaction total includes that person six times.
Amounts of Products Donated. As shown in Figure 1, licensees donated a wide variety of products in 2022.
Figure 1
Amounts of Products Donated Under
SB 34 Exemption in 2022
Product
Total Packages a
Capsule
5,298
Clone—Cutting
402
Edible
122,748
Extract
20,387
Flower (other)
8,162
Flower (eighth)
106,241
Flower (gram)
1,933
Flower (half ounce)
12,206
Flower (ounce)
3,671
Flower (quarter)
5,733
Immature Plant
503
Infused Butter/Oil
29
Other Concentrate
23,502
Pre Roll Flower
33,221
Pre Roll Infused
31,080
Pre Roll Leaf
3,570
Seeds
4
Shake (Eighth)
720
Shake (Gram)
276
Shake (Half Ounce)
493
Shake (Ounce)
22
Shake (Quarter)
264
Tincture
11,622
Topical
8,000
Vape Cartridge
21,776
a Donations included an additional three ounces of flower distributed among an unspecified number of packages.
Cultivation Tax Revenue Lost. CDTFA estimates that the 2022 revenue loss from the SB 34 cultivation tax exemption was roughly $142,000. The cultivation tax ended on July 1, 2022. When it was in effect, its revenue went to the Cannabis Tax Fund created by Proposition 64 (2016).
Use Tax Revenue Lost. CDTFA estimates that the 2022 revenue loss from the SB 34 use tax exemption was roughly $267,000. Revenue from the use tax goes to the state’s General Fund and to local programs.
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