BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        AB 821|
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                                    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:








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             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%  








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            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  








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          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


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