Section § 34011

Explanation

Starting January 1, 2018, and ending April 1, 2023, California imposed a 15% excise tax on cannabis sales, based on the average retail market price. Buyers must pay this tax, which is included in the total invoice amount provided by the retailer.

The retailer is responsible for passing the tax to the distributor, who must report and send it to the government. In arm's length deals, distributors must collect this tax within 90 days of transferring the product. The excise tax adds to any existing state and local taxes, with total receipts including this tax when calculating sales tax.

Medicinal cannabis given for free and trade samples aren't subject to this tax, but trade samples sold by licensed sellers are taxed as if sold by regular retailers. This rule ended on April 1, 2023.

(a)Copy CA Revenue & Taxation Code § 34011(a)
(1)Copy CA Revenue & Taxation Code § 34011(a)(1) Effective on and after January 1, 2018, and before January 1, 2023, a cannabis excise tax shall be imposed upon purchasers of cannabis or cannabis products sold in this state at the rate of 15 percent of the average market price of any retail sale by a cannabis retailer. A purchaser’s liability for the cannabis excise tax is not extinguished until the cannabis excise tax has been paid to this state except that an invoice, receipt, or other document from a cannabis retailer given to the purchaser pursuant to this subdivision is sufficient to relieve the purchaser from further liability for the tax to which the invoice, receipt, or other document refers.
(2)CA Revenue & Taxation Code § 34011(a)(2) Each cannabis retailer shall provide a purchaser with an invoice, receipt, or other document that includes a statement that reads: “The cannabis excise taxes are included in the total amount of this invoice.”
(3)CA Revenue & Taxation Code § 34011(a)(3) The department may prescribe other means to display the cannabis excise tax on an invoice, receipt, or other document from a cannabis retailer given to the purchaser.
(b)Copy CA Revenue & Taxation Code § 34011(b)
(1)Copy CA Revenue & Taxation Code § 34011(b)(1) A distributor in an arm’s length transaction shall collect the cannabis excise tax imposed by this section from the cannabis retailer on or before 90 days after the sale or transfer of cannabis or cannabis product to the cannabis retailer. A distributor in a nonarm’s length transaction shall collect the cannabis excise tax from the cannabis retailer on or before 90 days after the sale or transfer of cannabis or cannabis product to the cannabis retailer, or at the time of retail sale by the cannabis retailer, whichever is earlier. A distributor shall report and remit the cannabis excise tax to the department pursuant to Section 34015. A cannabis retailer shall be responsible for collecting the cannabis excise tax from the purchaser and remitting the cannabis excise tax to the distributor in accordance with rules and procedures established under law and any regulations adopted by the department.
(2)CA Revenue & Taxation Code § 34011(b)(2) A distributor shall provide an invoice, receipt, or other similar document to the cannabis retailer that identifies the licensee receiving the product, the distributor from which the product originates, including the associated unique identifier, the amount of cannabis excise tax, and any other information deemed necessary by the department. The department may authorize other forms of documentation under this paragraph.
(c)CA Revenue & Taxation Code § 34011(c) The cannabis excise tax imposed by this section shall be in addition to the sales and use tax imposed by the state and local governments.
(d)CA Revenue & Taxation Code § 34011(d) Gross receipts from the sale of cannabis or cannabis products for purposes of assessing the sales and use taxes under Part 1 (commencing with Section 6001) shall include the tax levied pursuant to this section.
(e)CA Revenue & Taxation Code § 34011(e) Cannabis or cannabis products shall not be sold to a purchaser unless the cannabis excise tax imposed by this section has been paid by the purchaser at the time of sale.
(f)CA Revenue & Taxation Code § 34011(f) This section shall not be construed to impose a cannabis excise tax upon medicinal cannabis, or medicinal cannabis product, donated for no consideration to a medicinal cannabis patient pursuant to Section 26071 of the Business and Professions Code.
(g)Copy CA Revenue & Taxation Code § 34011(g)
(1)Copy CA Revenue & Taxation Code § 34011(g)(1) This section shall not be construed to impose a cannabis excise tax upon cannabis or cannabis products designated as a trade sample pursuant to Section 26153.1 of the Business and Professions Code.
(2)CA Revenue & Taxation Code § 34011(g)(2) A person licensed under Division 10 (commencing with Section 26000) of the Business and Professions Code that sells cannabis or cannabis products designated as a trade sample pursuant to Section 26153.1 of the Business and Professions Code shall be liable for the cannabis excise tax imposed by this section as if the person were a cannabis retailer at the time of sale.
(h)CA Revenue & Taxation Code § 34011(h) This section shall be inoperative on April 1, 2023.

Section § 34011

Explanation

This law introduces a 15% excise tax on cannabis products purchased in California, starting from January 1, 2018. The tax is based on the average market price and must be paid by the purchaser at the time of sale. Retailers are responsible for providing a receipt stating that the tax is included in the total price.

Distributors must collect this tax from retailers within 90 days of transferring the cannabis products. In transactions not at market value, the tax must be collected by the retailer at the earliest point: either at transfer or sale. Additionally, the excise tax is separate from regular state and local sales taxes, but it should be included in the gross receipts used for calculating those taxes.

Importantly, sales to qualified medical cannabis patients are exempt from sales and use taxes, provided certain conditions are met. The law also exempts donated medicinal cannabis and trade samples from the excise tax.

(a)Copy CA Revenue & Taxation Code § 34011(a)
(1)Copy CA Revenue & Taxation Code § 34011(a)(1) Effective January 1, 2018, a cannabis excise tax shall be imposed upon purchasers of cannabis or cannabis products sold in this state at the rate of 15 percent of the average market price of any retail sale by a cannabis retailer. A purchaser’s liability for the cannabis excise tax is not extinguished until the cannabis excise tax has been paid to this state except that an invoice, receipt, or other document from a cannabis retailer given to the purchaser pursuant to this subdivision is sufficient to relieve the purchaser from further liability for the tax to which the invoice, receipt, or other document refers.
(2)CA Revenue & Taxation Code § 34011(a)(2) Each cannabis retailer shall provide a purchaser with an invoice, receipt, or other document that includes a statement that reads: “The cannabis excise taxes are included in the total amount of this invoice.”
(3)CA Revenue & Taxation Code § 34011(a)(3) The department may prescribe other means to display the cannabis excise tax on an invoice, receipt, or other document from a cannabis retailer given to the purchaser.
(b)Copy CA Revenue & Taxation Code § 34011(b)
(1)Copy CA Revenue & Taxation Code § 34011(b)(1) A distributor in an arm’s length transaction shall collect the cannabis excise tax from the cannabis retailer on or before 90 days after the sale or transfer of cannabis or cannabis product to the cannabis retailer. A distributor in a nonarm’s length transaction shall collect the cannabis excise tax from the cannabis retailer on or before 90 days after the sale or transfer of cannabis or cannabis product to the cannabis retailer, or at the time of retail sale by the cannabis retailer, whichever is earlier. A distributor shall report and remit the cannabis excise tax to the department pursuant to Section 34015. A cannabis retailer shall be responsible for collecting the cannabis excise tax from the purchaser and remitting the cannabis excise tax to the distributor in accordance with rules and procedures established under law and any regulations adopted by the department.
(2)CA Revenue & Taxation Code § 34011(b)(2) A distributor shall provide an invoice, receipt, or other similar document to the cannabis retailer that identifies the licensee receiving the product, the distributor from which the product originates, including the associated unique identifier, the amount of cannabis excise tax, and any other information deemed necessary by the department. The department may authorize other forms of documentation under this paragraph.
(c)CA Revenue & Taxation Code § 34011(c) The excise tax imposed by this section shall be in addition to the sales and use tax imposed by the state and local governments.
(d)CA Revenue & Taxation Code § 34011(d) Gross receipts from the sale of cannabis or cannabis products for purposes of assessing the sales and use taxes under Part 1 (commencing with Section 6001) shall include the tax levied pursuant to this section.
(e)CA Revenue & Taxation Code § 34011(e) Cannabis or cannabis products shall not be sold to a purchaser unless the excise tax required by law has been paid by the purchaser at the time of sale.
(f)CA Revenue & Taxation Code § 34011(f) The sales and use taxes imposed by Part 1 (commencing with Section 6001) shall not apply to retail sales of medicinal cannabis, medicinal cannabis concentrate, edible medicinal cannabis products, or topical cannabis as those terms are defined in Division 10 (commencing with Section 26000) of the Business and Professions Code when a qualified patient or primary caregiver for a qualified patient provides their card issued under Section 11362.71 of the Health and Safety Code and a valid government-issued identification card.
(g)CA Revenue & Taxation Code § 34011(g) Nothing in this section shall be construed to impose an excise tax upon medicinal cannabis, or medicinal cannabis product, donated for no consideration to a medicinal cannabis patient pursuant to Section 26071 of the Business and Professions Code.
(h)Copy CA Revenue & Taxation Code § 34011(h)
(1)Copy CA Revenue & Taxation Code § 34011(h)(1) Nothing in this section shall be construed to impose an excise tax upon cannabis or cannabis products designated as a trade sample pursuant to Section 26153.1 of the Business and Professions Code.
(2)CA Revenue & Taxation Code § 34011(h)(2) A person licensed under Division 10 (commencing with Section 26000) of the Business and Professions Code that sells cannabis or cannabis products designated as a trade sample pursuant to Section 26153.1 of the Business and Professions Code shall be liable for the excise tax imposed by this section as if the person were a cannabis retailer at the time of sale.

Section § 34011.01

Explanation

This section outlines the payment and credit rules related to cannabis excise tax for retailers. Firstly, any cannabis excise tax that a retailer owes to a distributor for taxes owed before January 1, 2023, must be paid to the distributor by April 1, 2023. This requirement does not impose any duty on the department to enforce these payments.

Additionally, cannabis retailers can claim a tax credit on their return for excise taxes already paid to a distributor before January 1, 2023, if those taxes relate to cannabis or cannabis products sold on or after January 1, 2023, for which they need to remit taxes to the department.

(a)CA Revenue & Taxation Code § 34011.01(a) Any amount owed by a cannabis retailer to a distributor in connection with the collection of cannabis excise tax owed prior to January 1, 2023, shall be paid by the retailer to the distributor on or before April 1, 2023. This section shall not be construed to require the department to enforce this obligation.
(b)CA Revenue & Taxation Code § 34011.01(b) A cannabis retailer may claim a credit on the cannabis excise tax return for cannabis excise tax amounts paid to a distributor, pursuant to Section 34011, before January 1, 2023, on cannabis or cannabis products sold to a purchaser on or after January 1, 2023, for which the cannabis retailer is responsible for remitting to the department.

Section § 34011.1

Explanation
This law allows cannabis retailers in California, who have a Department of Cannabis Control-approved fee waiver, to keep 20% of the cannabis excise tax they collect until December 31, 2025. To qualify, retailers must apply with specific information and documents like their cannabis license and fee waiver approval. The Department of Cannabis Control must verify and approve the retailer's eligibility. Retailers must maintain their fee waiver eligibility to keep the tax retention benefit. The approval is valid for a year, but can be renewed if eligibility is maintained. The Department of Cannabis Control must keep or provide information about retailers' fee waiver eligibility.
(a)Copy CA Revenue & Taxation Code § 34011.1(a)
(1)Copy CA Revenue & Taxation Code § 34011.1(a)(1) Until December 31, 2025, a licensed cannabis retailer that has received approval from the Department of Cannabis Control for a fee waiver under Section 26249 of the Business and Professions Code may retain vender compensation in an amount equal to 20 percent of the cannabis excise tax. For purposes of this paragraph, approval for a fee waiver under Section 26249 includes approval for a fee waiver that is contingent upon the availability of funds.
(2)CA Revenue & Taxation Code § 34011.1(a)(2) To apply to retain vendor compensation pursuant to this section, a cannabis retailer shall complete a one-page application in a form and manner prescribed by the department that sets forth the name under which they transact or intend to transact business, the location of their place or places of business, and any other information the department may require. The cannabis retailer shall also include with the application their seller’s permit number and cannabis tax permit number and a copy of their cannabis license and Department of Cannabis Control approved fee waiver. An application for a permit shall be authenticated in a form or pursuant to methods as may be prescribed by the department.
(3)CA Revenue & Taxation Code § 34011.1(a)(3) Upon verification that a licensed cannabis retailer meets the requirements of this subdivision, the department shall issue the cannabis retailer a notice approving vendor compensation under this section.
(4)CA Revenue & Taxation Code § 34011.1(a)(4) To maintain eligibility for vendor compensation under this section, a licensed cannabis retailer shall maintain eligibility for a fee waiver under Section 26249 of the Business and Professions Code and any relevant implementing regulations. An approval for vendor compensation under this section shall expire on the last day of the calendar quarter following notification to the department pursuant to paragraph (5) that a cannabis retailer is no longer eligible for a fee waiver. If a cannabis retailer maintains eligibility for a fee waiver, an approval for vendor compensation under this subdivision shall remain valid for one year commencing on the first day of the calendar quarter following the date the department issues the notice, and may be renewed pursuant to paragraph (2) or other procedures as may be prescribed by the department.
(5)CA Revenue & Taxation Code § 34011.1(a)(5) To notify the department of a cannabis retailer’s eligibility for vendor compensation under this section, the Department of Cannabis Control shall do either of the following:
(A)CA Revenue & Taxation Code § 34011.1(a)(5)(A) Maintain a database accessible to the department reflecting whether a cannabis retailer is eligible or has become ineligible for a fee waiver under Section 26249 of the Business and Professions Code and implementing regulations.
(B)CA Revenue & Taxation Code § 34011.1(a)(5)(B) Otherwise provide information upon request of the department for purposes of verifying a cannabis retailer’s eligibility under this section.
(b)CA Revenue & Taxation Code § 34011.1(b) This section shall become operative on January 1, 2023.

Section § 34011.2

Explanation

Starting January 1, 2023, California requires a 15% excise tax on retail cannabis sales, which may increase to 19% temporarily in 2025. This tax is adjusted biennially from 2028 to match previous cultivation tax revenues, capped at 19%. Retailers collect and remit this tax and must provide purchasers with receipts showing the tax separately. The excise tax is added on top of sales taxes and must be paid at the time of purchase. Medical cannabis donations and trade samples are generally exempt, but the latter may still incur taxes under certain conditions.

(a)Copy CA Revenue & Taxation Code § 34011.2(a)
(1)Copy CA Revenue & Taxation Code § 34011.2(a)(1) Effective on and after January 1, 2023, a cannabis excise tax shall be imposed upon purchasers of cannabis or cannabis products sold in this state at 15 percent of the gross receipts of any retail sale by a cannabis retailer.
(2)CA Revenue & Taxation Code § 34011.2(a)(2) Notwithstanding paragraph (1), on and after July 1, 2025, and before October 1, 2025, the cannabis excise tax rate imposed in paragraph (1) shall be 19 percent of the gross receipts of any retail sale by a cannabis retailer as determined by the department, in consultation with the Department of Finance, pursuant to this section, as added by Section 22 of Chapter 56 of the Statutes of 2022.
(3)CA Revenue & Taxation Code § 34011.2(a)(3) For the 2028–29 fiscal year and every two years thereafter, the department, in consultation with the Department of Finance, shall, on or before May 1 of the fiscal year immediately preceding the applicable fiscal year, adjust the cannabis excise tax rate upon purchasers of cannabis or cannabis products imposed in paragraph (1) by the additional percentage of the gross receipts of any retail sale by a cannabis retailer that the department estimates will generate an amount of revenue equivalent to the amount that would have been collected in the previous fiscal year pursuant to the weight-based cultivation tax imposed under Section 34012 as it read on June 29, 2022. In no case shall the cannabis excise tax exceed 19 percent of the gross receipts of retail sale. The department shall round the rate calculated under this subdivision to the nearest one-quarter of 1 percent. The adjusted rate shall become operative the following July 1.
(4)CA Revenue & Taxation Code § 34011.2(a)(4) On or before May 1, 2028, and each May 1 every two years thereafter, the department, in consultation with the Department of Finance, shall estimate the amount of revenue that would have been collected in the previous fiscal year pursuant to the weight-based cultivation tax imposed under Section 34012 as it read on June 29, 2022. The department shall estimate this amount by projecting the revenue from weight-based cultivation taxes that would have been collected in the previous calendar year based on information available to the department, including, but not limited to, information in the track and trace system required pursuant to Chapter 6.5 (commencing with Section 26067) of Division 10 of the Business and Professions Code, or any implementing regulations, as a percentage of gross receipts from the retail sale of cannabis and cannabis products by cannabis retailers in the previous calendar year.
(b)CA Revenue & Taxation Code § 34011.2(b) A purchaser’s liability for the cannabis excise tax is not extinguished until the cannabis excise tax has been paid to this state, except that an invoice, receipt, or other document from a cannabis retailer given to the purchaser pursuant to this section is sufficient to relieve the purchaser from further liability for the tax to which the invoice, receipt, or other document refers.
(c)CA Revenue & Taxation Code § 34011.2(c) A cannabis retailer shall be responsible for collecting the cannabis excise tax from the purchaser and remitting that tax to the department in accordance with this division.
(d)CA Revenue & Taxation Code § 34011.2(d) The cannabis retailer shall provide each purchaser with an invoice, receipt, or other document that separately states the cannabis excise tax.
(e)CA Revenue & Taxation Code § 34011.2(e) The cannabis excise tax imposed by this section shall be in addition to the sales and use tax imposed by the state and local governments.
(f)CA Revenue & Taxation Code § 34011.2(f) Gross receipts from the sale of cannabis or cannabis products for purposes of assessing the sales and use taxes under Part 1 (commencing with Section 6001) shall include the tax levied pursuant to this section.
(g)CA Revenue & Taxation Code § 34011.2(g) Cannabis or cannabis products shall not be sold to a purchaser unless the cannabis excise tax imposed by this section has been paid by the purchaser at the time of sale.
(h)CA Revenue & Taxation Code § 34011.2(h) This section shall not be construed to impose a cannabis excise tax upon medicinal cannabis, or medicinal cannabis product, donated for no consideration to a medicinal cannabis patient pursuant to Section 26071 of the Business and Professions Code.
(i)Copy CA Revenue & Taxation Code § 34011.2(i)
(1)Copy CA Revenue & Taxation Code § 34011.2(i)(1) This section shall not be construed to impose a cannabis excise tax upon cannabis or cannabis products designated as a trade sample pursuant to Section 26153.1 of the Business and Professions Code.
(2)CA Revenue & Taxation Code § 34011.2(i)(2) A person licensed under Division 10 (commencing with Section 26000) of the Business and Professions Code that sells cannabis or cannabis products designated as a trade sample pursuant to Section 26153.1 of the Business and Professions Code shall be liable for the cannabis excise tax imposed by this section as if the person were a cannabis retailer at the time of sale.

Section § 34012

Explanation

This law section sets a cannabis cultivation tax for harvested cannabis entering the commercial market from January 1, 2018, until June 30, 2022. The tax rates are $9.25 per ounce for flowers and $2.75 per ounce for leaves. However, after July 1, 2022, different rules apply, exempting certain transactions from the tax. The tax can vary depending on the cannabis product sold and must be adjusted annually for the relative price of flowers and leaves. Certain methods, like tax stamps or product bags, ensure the tax has been paid before cannabis is moved from cultivation facilities. Distributors and manufacturers must handle tax collection from cultivators, and there are specific procedures and documentation requirements to support this. Refunds are possible for product that fails quality checks. Cannabis cultivated for personal or medicinal use is not taxed. Inflation adjustments for these tax rates are mandated for specific calendar years. The department responsible for cannabis cultivation rules is not tasked with enforcing the actual collection of this tax.

(a)Copy CA Revenue & Taxation Code § 34012(a)
(1)Copy CA Revenue & Taxation Code § 34012(a)(1) Effective January 1, 2018, and before July 1, 2022, there is hereby imposed a cultivation tax on all harvested cannabis that enters the commercial market upon all cultivators. The tax shall be due after the cannabis is harvested and enters the commercial market.
(A)CA Revenue & Taxation Code § 34012(a)(1)(A) The tax for cannabis flowers shall be nine dollars and twenty-five cents ($9.25) per dry-weight ounce.
(B)CA Revenue & Taxation Code § 34012(a)(1)(B) The tax for cannabis leaves shall be set at two dollars and seventy-five cents ($2.75) per dry-weight ounce.
(2)CA Revenue & Taxation Code § 34012(a)(2) Notwithstanding paragraph (1), the cultivation tax imposed by this subdivision shall not apply to harvested cannabis that enters the commercial market and no tax collection is required pursuant to subdivision (h) if any of the following apply:
(A)CA Revenue & Taxation Code § 34012(a)(2)(A) The harvested cannabis was first sold or transferred by a cultivator to a manufacturer on or after July 1, 2022.
(B)CA Revenue & Taxation Code § 34012(a)(2)(B) The harvested cannabis was first sold or transferred by a cultivator to a distributor on or after July 1, 2022.
(C)CA Revenue & Taxation Code § 34012(a)(2)(C) The harvested cannabis, or cannabis products containing that harvested cannabis, was first sold or transferred by a microbusiness to a distributor or manufacturer that arranges for laboratory testing pursuant to subdivision (a) of Section 26110 of the Business and Professions Code on or after July 1, 2022.
(3)CA Revenue & Taxation Code § 34012(a)(3) It is the intent of the Legislature that the suspension of the cultivation tax imposed by paragraph (2) apply only to cannabis that is ultimately subject, at retail sale as either cannabis or as cannabis products containing the harvested cannabis, to the cannabis excise tax imposed pursuant to Section 34011.2.
(b)CA Revenue & Taxation Code § 34012(b) The department may adjust the tax rate for cannabis leaves annually to reflect fluctuations in the relative price of cannabis flowers to cannabis leaves.
(c)CA Revenue & Taxation Code § 34012(c) The department may from time to time establish other categories of harvested cannabis, categories for unprocessed or frozen cannabis or immature plants, or cannabis that is shipped directly to manufacturers. These categories shall be taxed at their relative value compared with cannabis flowers.
(d)CA Revenue & Taxation Code § 34012(d) The department may prescribe by regulation a method and manner for payment of the cultivation tax that utilizes tax stamps or state-issued product bags that indicate that all required tax has been paid on the product to which the tax stamp is affixed or in which the cannabis is packaged.
(e)CA Revenue & Taxation Code § 34012(e) The tax stamps and product bags shall be of the designs, specifications, and denominations as may be prescribed by the department and may be purchased by any licensee under Division 10 (commencing with Section 26000) of the Business and Professions Code.
(f)CA Revenue & Taxation Code § 34012(f) Subsequent to the establishment of a tax stamp program, the department may by regulation provide that cannabis shall not be removed from a licensed cultivation facility or transported on a public highway unless in a state-issued product bag bearing a tax stamp in the proper denomination.
(g)CA Revenue & Taxation Code § 34012(g) The tax stamps and product bags shall be capable of being read by a scanning or similar device and must be traceable utilizing the track and trace system pursuant to Section 26068 of the Business and Professions Code.
(h)CA Revenue & Taxation Code § 34012(h) Cultivators shall be responsible for payment of the tax pursuant to regulations adopted by the department. A cultivator’s liability for the tax is not extinguished until the tax has been paid to this state except that an invoice, receipt, or other document from a distributor or manufacturer given to the cultivator pursuant to paragraph (3) is sufficient to relieve the cultivator from further liability for the tax to which the invoice, receipt, or other document refers. Cannabis shall not be sold unless the tax has been paid as provided in this part.
(1)CA Revenue & Taxation Code § 34012(h)(1) A distributor shall collect the cultivation tax from a cultivator on all harvested cannabis that enters the commercial market. This paragraph shall not apply where a cultivator is not required to send, and does not send, the harvested cannabis to a distributor.
(2)Copy CA Revenue & Taxation Code § 34012(h)(2)
(A)Copy CA Revenue & Taxation Code § 34012(h)(2)(A) A manufacturer shall collect the cultivation tax from a cultivator on the first sale or transfer of unprocessed cannabis by a cultivator to a manufacturer. The manufacturer shall remit the cultivation tax collected on the cannabis product sold or transferred to a distributor for quality assurance, inspection, and testing, as described in Section 26110 of the Business and Professions Code. This paragraph shall not apply where a distributor collects the cultivation tax from a cultivator pursuant to paragraph (1).
(B)CA Revenue & Taxation Code § 34012(h)(2)(A)(B) Notwithstanding subparagraph (A), the department may prescribe a substitute method and manner for collection and remittance of the cultivation tax under this paragraph, including a method and manner for collection of the cultivation tax by a distributor.
(3)CA Revenue & Taxation Code § 34012(h)(3) A distributor or manufacturer shall provide to the cultivator, and a distributor that collects the cultivation tax from a manufacturer pursuant to paragraph (2) shall provide to the manufacturer, an invoice, receipt, or other similar document that identifies the licensee receiving the product, the cultivator from which the product originates, including the associated unique identifier, the amount of cultivation tax, and any other information deemed necessary by the department. The department may authorize other forms of documentation under this paragraph.
(4)CA Revenue & Taxation Code § 34012(h)(4) The department may adopt regulations prescribing procedures for the refund of cultivation tax collected on cannabis or cannabis product that fails quality assurance, inspection, and testing as described in Section 26110 of the Business and Professions Code.
(i)CA Revenue & Taxation Code § 34012(i) All cannabis removed from a cultivator’s premises, except for plant waste or medicinal cannabis or medicinal cannabis products designated for donation, shall be presumed to be sold and thereby taxable under this section, except as otherwise exempt pursuant to Section 34012.2.
(j)CA Revenue & Taxation Code § 34012(j) The tax imposed by this section shall be imposed on all cannabis cultivated in the state pursuant to rules and regulations promulgated by the department, but shall not apply to cannabis cultivated for personal use under Section 11362.1 of the Health and Safety Code or cultivated by a qualified patient or primary caregiver in accordance with the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code.
(k)Copy CA Revenue & Taxation Code § 34012(k)
(1)Copy CA Revenue & Taxation Code § 34012(k)(1)  For the 2020 calendar year, the rates set forth in subdivisions (a), (b), and (c) shall be adjusted by the department for inflation.
(2)CA Revenue & Taxation Code § 34012(k)(2) For the 2021 calendar year, the rates shall be those imposed for the 2020 calendar year in paragraph (1) and shall not be adjusted for inflation unless the adjustment is for an inflation rate that is less than zero.
(3)CA Revenue & Taxation Code § 34012(k)(3) For the 2022 calendar year, until July 1, 2022, the rates shall be those imposed for the 2021 calendar year in paragraph (2) and shall be adjusted by the department for inflation.
(l)CA Revenue & Taxation Code § 34012(l) The Department of Cannabis Control is not responsible for enforcing any provisions of the cultivation tax.

Section § 34012

Explanation

Starting January 1, 2018, California imposes a cultivation tax on all harvested cannabis that enters the commercial market. Cultivators must pay $9.25 per dry-weight ounce for cannabis flowers and $2.75 for leaves, with possible annual adjustments by the department depending on market conditions.

The department can create additional tax categories and regulate how the tax is paid, potentially using tax stamps or marked bags. Cultivators are responsible for paying the tax unless an invoice from a distributor or manufacturer says otherwise.

Distributors or manufacturers collect the tax, and they must provide documentation of tax collection to cultivators. Adjustments for inflation can affect tax rates yearly from 2020 onwards. Cannabis cultivated for personal use, medical purposes, or as donations are exempt. The Department of Cannabis Control does not enforce the cultivation tax.

(a)CA Revenue & Taxation Code § 34012(a) Effective January 1, 2018, there is hereby imposed a cultivation tax on all harvested cannabis that enters the commercial market upon all cultivators. The tax shall be due after the cannabis is harvested and enters the commercial market.
(1)CA Revenue & Taxation Code § 34012(a)(1) The tax for cannabis flowers shall be nine dollars and twenty-five cents ($9.25) per dry-weight ounce.
(2)CA Revenue & Taxation Code § 34012(a)(2) The tax for cannabis leaves shall be set at two dollars and seventy-five cents ($2.75) per dry-weight ounce.
(b)CA Revenue & Taxation Code § 34012(b) The department may adjust the tax rate for cannabis leaves annually to reflect fluctuations in the relative price of cannabis flowers to cannabis leaves.
(c)CA Revenue & Taxation Code § 34012(c) The department may from time to time establish other categories of harvested cannabis, categories for unprocessed or frozen cannabis or immature plants, or cannabis that is shipped directly to manufacturers. These categories shall be taxed at their relative value compared with cannabis flowers.
(d)CA Revenue & Taxation Code § 34012(d) The department may prescribe by regulation a method and manner for payment of the cultivation tax that utilizes tax stamps or state-issued product bags that indicate that all required tax has been paid on the product to which the tax stamp is affixed or in which the cannabis is packaged.
(e)CA Revenue & Taxation Code § 34012(e) The tax stamps and product bags shall be of the designs, specifications, and denominations as may be prescribed by the department and may be purchased by any licensee under Division 10 (commencing with Section 26000) of the Business and Professions Code.
(f)CA Revenue & Taxation Code § 34012(f) Subsequent to the establishment of a tax stamp program, the department may by regulation provide that cannabis shall not be removed from a licensed cultivation facility or transported on a public highway unless in a state-issued product bag bearing a tax stamp in the proper denomination.
(g)CA Revenue & Taxation Code § 34012(g) The tax stamps and product bags shall be capable of being read by a scanning or similar device and must be traceable utilizing the track and trace system pursuant to Section 26068 of the Business and Professions Code.
(h)CA Revenue & Taxation Code § 34012(h) Cultivators shall be responsible for payment of the tax pursuant to regulations adopted by the department. A cultivator’s liability for the tax is not extinguished until the tax has been paid to this state except that an invoice, receipt, or other document from a distributor or manufacturer given to the cultivator pursuant to paragraph (3) is sufficient to relieve the cultivator from further liability for the tax to which the invoice, receipt, or other document refers. Cannabis shall not be sold unless the tax has been paid as provided in this part.
(1)CA Revenue & Taxation Code § 34012(h)(1) A distributor shall collect the cultivation tax from a cultivator on all harvested cannabis that enters the commercial market. This paragraph shall not apply where a cultivator is not required to send, and does not send, the harvested cannabis to a distributor.
(2)Copy CA Revenue & Taxation Code § 34012(h)(2)
(A)Copy CA Revenue & Taxation Code § 34012(h)(2)(A) A manufacturer shall collect the cultivation tax from a cultivator on the first sale or transfer of unprocessed cannabis by a cultivator to a manufacturer. The manufacturer shall remit the cultivation tax collected on the cannabis product sold or transferred to a distributor for quality assurance, inspection, and testing, as described in Section 26110 of the Business and Professions Code. This paragraph shall not apply where a distributor collects the cultivation tax from a cultivator pursuant to paragraph (1).
(B)CA Revenue & Taxation Code § 34012(h)(2)(A)(B) Notwithstanding subparagraph (A), the department may prescribe a substitute method and manner for collection and remittance of the cultivation tax under this paragraph, including a method and manner for collection of the cultivation tax by a distributor.
(3)CA Revenue & Taxation Code § 34012(h)(3) A distributor or manufacturer shall provide to the cultivator, and a distributor that collects the cultivation tax from a manufacturer pursuant to paragraph (2) shall provide to the manufacturer, an invoice, receipt, or other similar document that identifies the licensee receiving the product, the cultivator from which the product originates, including the associated unique identifier, the amount of cultivation tax, and any other information deemed necessary by the department. The department may authorize other forms of documentation under this paragraph.
(4)CA Revenue & Taxation Code § 34012(h)(4) The department may adopt regulations prescribing procedures for the refund of cultivation tax collected on cannabis or cannabis product that fails quality assurance, inspection, and testing as described in Section 26110 of the Business and Professions Code.
(i)CA Revenue & Taxation Code § 34012(i) All cannabis removed from a cultivator’s premises, except for plant waste or medicinal cannabis or medicinal cannabis products designated for donation, shall be presumed to be sold and thereby taxable under this section, except as otherwise exempt pursuant to Section 34012.2.
(j)CA Revenue & Taxation Code § 34012(j) The tax imposed by this section shall be imposed on all cannabis cultivated in the state pursuant to rules and regulations promulgated by the department, but shall not apply to cannabis cultivated for personal use under Section 11362.1 of the Health and Safety Code or cultivated by a qualified patient or primary caregiver in accordance with the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code.
(k)Copy CA Revenue & Taxation Code § 34012(k)
(1)Copy CA Revenue & Taxation Code § 34012(k)(1)  For the 2020 calendar year, the rates set forth in subdivisions (a), (b), and (c) shall be adjusted by the department for inflation.
(2)CA Revenue & Taxation Code § 34012(k)(2) For the 2021 calendar year, the rates shall be those imposed for the 2020 calendar year in paragraph (1) and shall not be adjusted for inflation unless the adjustment is for an inflation rate that is less than zero.
(3)CA Revenue & Taxation Code § 34012(k)(3) For the 2022 calendar year, the rates shall be those imposed for the 2021 calendar year in paragraph (2) and shall be adjusted by the department for inflation.
(4)CA Revenue & Taxation Code § 34012(k)(4) Beginning January 1, 2023, the rates imposed for the previous calendar year shall be adjusted by the department annually for inflation.
(l)CA Revenue & Taxation Code § 34012(l) The Department of Cannabis Control is not responsible for enforcing any provisions of the cultivation tax.

Section § 34012.1

Explanation

This law states that cultivators who donate medicinal cannabis under the track and trace system won’t face a cultivation tax on those donations. If someone claims they’re donating cannabis but instead sells it, they must pay taxes. Distributors and manufacturers are also not required to collect or remit taxes for donated medicinal cannabis. Cultivators must keep records of any donations, and it's clear that no cultivation tax is imposed on medicinal cannabis meant for donation. The law defines 'medicinal cannabis' as cannabis intended for use by medicinal patients under Proposition 215. The law becomes effective once the track and trace system is updated, or by March 1, 2020, whichever is sooner, and it will expire five years after becoming operative.

(a)CA Revenue & Taxation Code § 34012.1(a) Notwithstanding Section 34012, on and after the operative date of the act adding this section, the cultivation tax shall not be imposed on medicinal cannabis designated for donation by a cultivator in the track and trace system.
(b)CA Revenue & Taxation Code § 34012.1(b) A person licensed under Division 10 (commencing with Section 26000) of the Business and Professions Code that certifies in writing that medicinal cannabis or a medicinal cannabis product will be donated to a medicinal cannabis patient and sells or uses the medicinal cannabis or medicinal cannabis product in some manner or for some purpose other than donation, shall be liable for the taxes under this part. The certification in writing shall relieve the cultivator that donates the medicinal cannabis from liability for the taxes imposed and shall relieve the distributor from liability for the taxes required to be collected under this part, only if the certification is taken in good faith.
(c)CA Revenue & Taxation Code § 34012.1(c) A distributor or manufacturer shall not collect or remit the cultivation tax for medicinal cannabis or medicinal cannabis products designated for donation by a cultivator.
(d)CA Revenue & Taxation Code § 34012.1(d) A cultivator shall keep records of any medicinal cannabis or medicinal cannabis products designated for donation.
(e)CA Revenue & Taxation Code § 34012.1(e) Nothing in this part shall be construed to impose a cultivation tax upon medicinal cannabis or medicinal cannabis products designated for donation.
(f)CA Revenue & Taxation Code § 34012.1(f) For purposes of this section, “medicinal cannabis” and “medicinal cannabis product” shall mean cannabis and cannabis product, as defined in Section 26001 of the Business and Professions Code, intended for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient.
(g)Copy CA Revenue & Taxation Code § 34012.1(g)
(1)Copy CA Revenue & Taxation Code § 34012.1(g)(1) This section shall become operative upon completion of the necessary changes to the track and trace program in order to implement the act adding this section, as determined by the Department of Food and Agriculture, or on March 1, 2020, whichever occurs first.
(2)CA Revenue & Taxation Code § 34012.1(g)(2) This section shall remain in effect only until five years after it becomes operative, and as of that date is repealed.

Section § 34012.2

Explanation

Starting January 1, 2022, cannabis that is harvested and designated as a trade sample is exempt from the cultivation tax. This exemption includes cannabis used to make cannabis products designated as trade samples. The department will set up procedures to apply this exemption. However, if someone sells this tax-exempt cannabis or its products, they must still pay the cultivation tax as if they were the cultivator. The department can create emergency rules to ensure these regulations are enforced quickly to protect public welfare.

(a)CA Revenue & Taxation Code § 34012.2(a) On and after January 1, 2022, there is exempt from the cultivation tax imposed pursuant to Section 34012 the cultivation of all harvested cannabis that will be, or has been, designated a trade sample pursuant to Section 26153.1 of the Business and Professions Code and all harvested cannabis that is used to manufacture a cannabis product that is designated a trade sample pursuant to Section 26153.1 of the Business and Professions Code.
(b)CA Revenue & Taxation Code § 34012.2(b) The department shall adopt regulations prescribing the procedures for how the exemption provided in subdivision (a) shall be implemented.
(c)CA Revenue & Taxation Code § 34012.2(c) A person licensed under Division 10 (commencing with Section 26000) of the Business and Professions Code that sells cannabis exempt from the cultivation tax pursuant to subdivision (a) or sells any cannabis product that is manufactured with cannabis exempt from the cultivation tax pursuant to subdivision (a) shall be liable for the cultivation tax imposed by Section 34012 as if the person were a cultivator of the cannabis at the time of sale.
(d)CA Revenue & Taxation Code § 34012.2(d) Notwithstanding any other law, the department may adopt and readopt emergency regulations to implement this section. The provisions of this section shall be applicable to emergency regulations adopted or readopted pursuant to this section. The emergency regulations authorized by this section shall be deemed an emergency and necessary for the immediate preservation of public peace, health, safety or general welfare.

Section § 34012.3

Explanation

This law states that any excise tax on cannabis sales collected by a retailer, along with any extra amount collected from customers as though it were tax, is considered a debt the retailer owes to the state of California.

This rule started applying from January 1, 2023.

(a)CA Revenue & Taxation Code § 34012.3(a) The cannabis excise tax required to be collected by a cannabis retailer, and any amount not returned to the purchaser that is not tax but was collected from the purchaser under the representation by the cannabis retailer that it was tax, constitutes debt owed by the cannabis retailer to this state.
(b)CA Revenue & Taxation Code § 34012.3(b) This section shall become operative on January 1, 2023.

Section § 34012.5

Explanation

This law section explains that distributors and manufacturers have a responsibility to collect cannabis cultivation and excise taxes. If they collect more than the tax owed from cultivators or retailers by mistake, they can refund the excess. The refunded amount can be deducted from future tax payments but must be claimed within three years. Any tax collected but not sent to the state is considered a debt to California.

(a)CA Revenue & Taxation Code § 34012.5(a) The cultivation tax and cannabis excise tax imposed pursuant to Section 34011 required to be collected by the distributor, or required to be collected by the manufacturer pursuant to paragraph (2) of subdivision (h) of Section 34012, and any amount unreturned to the cultivator or cannabis retailer that is not tax but was collected from the cultivator or cannabis retailer under the representation by the distributor or the manufacturer that it was tax constitute debts owed by the distributor or the manufacturer to this state.
(b)CA Revenue & Taxation Code § 34012.5(b) A distributor or manufacturer that has collected any amount of tax in excess of the amount of tax imposed by this part and actually due from a cultivator or cannabis retailer, may refund such amount to the cultivator or cannabis retailer, even though such tax amount has already been paid over to the department and no corresponding credit or refund has yet been secured. The distributor or manufacturer may claim credit for that overpayment against the amount of tax imposed by this part that is due upon any other quarterly return, providing that credit is claimed in a return dated no later than three years from the date of overpayment.
(c)CA Revenue & Taxation Code § 34012.5(c) Any tax collected from a cultivator, cannabis retailer, or purchaser that has not been remitted to the department shall be deemed a debt owed to the State of California by the person required to collect and remit the tax.