SB 829 – The Compassion License + VIDEOS
By: Heather Schafer
What Is SB 829?
SB 829 (as amended) Senator Scott Wiener’s Cannabis: compassion care license.
“(1) The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities.
This bill would establish a compassion care license under the act issued to an M-licensee who, for no consideration, donates medicinal cannabis, or medicinal cannabis products, to qualified medicinal cannabis patients who possess a physician’s recommendation. The bill would require the Bureau of Cannabis Control to issue and regulate the compassion care licenses.
(2) Existing sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. Those laws provide various exemptions from those taxes.
This bill, on and after January 1, 2019, would exempt from those taxes the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, medicinal cannabis or medicinal cannabis products that will be donated, for no consideration, to a compassion care licensee.
(3) The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws.
Existing law requires the state to reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions.
This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse any local agencies for sales and use tax revenues lost by them pursuant to this bill.
(4) AUMA imposes an excise tax on the purchase of cannabis and cannabis products, as defined, at the rate of 15% of the average market price of any retail sale by a cannabis retailer.
The bill would require that these provisions not be construed to impose an excise tax upon medicinal cannabis, or medicinal cannabis products, donated for no consideration to a compassion care licensee, as defined.
(5) AUMA imposes a cultivation tax on all harvested cannabis that enters the commercial market upon all cultivators. Existing law defines entering the commercial market to mean cannabis or cannabis products, except for immature cannabis plants and seeds, that complete and comply with specified quality assurance review and testing.
This bill would redefine entering the commercial market to mean cannabis or cannabis products intended for sale, in any manner or by any means whatsoever, for consideration. The bill would require that the cultivation tax not be construed to be imposed upon medicinal cannabis, or medicinal cannabis products, donated for no consideration by a cultivator to a compassion care licensee or to a cannabis retailer for subsequent donation to a compassion care licensee.
(6) The Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure, authorizes the Legislature to amend the act to further the purposes and intent of the act with a 2/3 vote of the membership of both houses of the Legislature, except as provided.
This bill would declare that its provisions further specified purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.”
This Bill is supported by, in part, by the California Compassion Coalition
Who Is The California Compassion Coalition?
The California Compassion Coalition is comprised of a number of known compassion organizations who have functioned by giving donated cannabis medicine to indigent cannabis patients across the State of California. The organizations, who make up the California Compassion Coalition are as follows:
How YOU Can Help
One battle has been won but we have many more to go. SB 829 was voted out of the Committee on Business and Professions, on Monday. It passed with and 11-1 vote. Next, we move onto the Committee on Revenue and Taxation and WE NEED ALL HANDS ON DECK.
Revenue and Taxation Committee
Monday, June 25, 2018
1430 hours (2:30pm)
California State Capitol – RM 126
SB 829 VIDEOS
WFW Project – Attorney Dale Schafer Speaks on SB 829 “Compassion Care License”