BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 821| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 821 Author: Gipson (D) Amended: 1/13/16 in Assembly Vote: 21 SENATE GOVERNANCE & FIN. COMMITTEE: 6-1, 5/11/16 AYES: Hertzberg, Beall, Hernandez, Lara, Moorlach, Pavley NOES: Nguyen SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 ASSEMBLY FLOOR: 58-17, 1/28/16 - See last page for vote SUBJECT: Sales and use taxes: administration: payments: dispensaries SOURCE: Author DIGEST: This bill allows a medical marijuana dispensary to remit tax liability due in a method other than an electronic funds transfer. ANALYSIS: Existing law: 1)Imposes a sales and use tax on the sale, storage, or use of tangible personal property unless exempted by state law. 2)Provides a sales and use tax exemption related to medicine. To be exempt, medication must be: AB 821 Page 2 a) Prescribed by an authorized person and dispensed on a prescription filled by a pharmacist; b) Furnished by a licensed physician to his or her own patient; or c) Furnished by a health facility for treatment pursuant to a licensed physician's order, or sold to a licensed physician. This bill: 1)Allows medical marijuana dispensaries to remit tax liability due in a method other than an electronic funds transfer. 2)Remains in effect until January 1, 2022. Comments 1)Nowhere to bank. Individuals who run a marijuana dispensary in compliance with California law are currently shut off from the banking system. Marijuana is classified as a Class I drug and the cultivation, sale, and possession can constitute a felony. Therefore, the majority of banks and credit unions have decided not to accept marijuana dispensaries as customers for fear of federal sanctions. As such, less than 1% of all banks and credit unions nationwide provide banking services to cannabis businesses. 2)Burden on dispensaries. Taxpayers must remit tax liability due by an electronic funds transfer (EFT) if the estimated tax liability averages $10,000 or more per month, otherwise a 10% AB 821 Page 3 penalty of the tax amount due is assessed on the taxpayer. Because many banks and credit unions refuse to accept medical dispensaries as customers for fear of federal sanctions, dispensaries that are remitting their tax liability in a form other than an EFT are assessed a 10% penalty. The Board of Equalization may waive the 10% penalty for medical marijuana dispensaries if it can be shown that the failure to utilize an EFT is due to reasonable cause and circumstances beyond the person's control, and occurred notwithstanding the exercise of ordinary care and in the absence of willful neglect. However, taxpayers must request a waiver every time amounts due are remitted in a manner other than EFT, which creates an unfair administrative burden for cash-only industries. It appears, therefore, that the problem is not the imposition of a penalty but the burden of having to request the waiver. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No SUPPORT: (Verified6/28/16) 3C Medical, LP Americans for Safe Access Board of Equalization Member Fiona Ma Board of Equalization Member George Runner California Growers Association California Tax Reform Association Four individuals OPPOSITION: (Verified6/28/16) None received ARGUMENTS IN SUPPORT: According to the author, "Currently, due to the fact that marijuana is still federally classified as a Schedule 1 substance, the medical marijuana industry has been AB 821 Page 4 rendered unbankable. This leads to companies having to hold large amounts of cash and requires that tax payments be made in cash as well. This bill seeks to support the state's collection of tax payments by removing the penalty associated with cash tax payments above $10,000 a month in cases where an industry has lack of access to banking services." ASSEMBLY FLOOR: 58-17, 1/28/16 AYES: Alejo, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder, Lopez, Low, McCarty, Medina, Mullin, Nazarian, O'Donnell, Olsen, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Waldron, Weber, Wilk, Williams, Wood, Atkins NOES: Achadjian, Travis Allen, Bigelow, Brough, Cooper, Dahle, Beth Gaines, Gallagher, Gatto, Grove, Harper, Maienschein, Mayes, Melendez, Obernolte, Patterson, Wagner NO VOTE RECORDED: Chang, Chávez, Jones-Sawyer, Mathis Prepared by: Myriam Bouaziz / GOV. & F. / (916) 651-4119 6/29/16 15:45:51 **** END ****