Louisiana 2021 2021 Regular Session

Louisiana House Bill HB514 Comm Sub / Analysis

                    GREEN SHEET REDIGEST
HB 514	2021 Regular Session	Magee
TAX/SALES & USE:  Levies a state tax on raw or crude marijuana recommended for
therapeutic use and provides for the disposition of the collections of the tax
DIGEST
Present law imposes state sales and use taxes on the sale, use, lease, or rental of tangible
personal property pursuant to the following levies in the following amounts:
R.S. 47:302 - 2%
R.S. 47:321 - 1%
R.S. 47:321.1 - .45%
R.S. 47:331 - .97%
R.S. 51:1286 - .03%
Present law provides a state and local sales and use tax exclusion for sales of marijuana
recommended for therapeutic use.
Proposed law retains present law but excludes raw or crude marijuana recommended for
therapeutic use from the exclusion in present law.
Proposed law levies a state sales and use tax on raw or crude marijuana recommended for
therapeutic use.
Present law provides that of the collections of state sales and use taxes levied in present law
(R.S. 47:302, 321, 321.1, and 331), .4% of the taxes are deposited into the LED Marketing
fund and the remainder of the collections are deposited into the state general fund.
Proposed law provides instead that the collections of state sales and use taxes levied on sales
of raw or crude marijuana recommended for therapeutic use shall be deposited as follows:
(1)50% into the Construction Subfund of the Transportation Trust Fund (subfund).
(2)25% into the La. Early Childhood Education Fund.
(3)25% into the La. Public Defender Fund.
Present law levies a .03% state sales and use tax (R.S. 51:1286), the collections of which are
pledged to pay for the levy and collection of the sales tax and to pay for media
advertisements for the promotion of the state's tourism industry.
Proposed law retains present law and provides that all proceeds of the .03% tax levied from
sales of raw or crude marijuana recommended for therapeutic use shall be deposited as
follows:
(1)50% into the Construction Subfund of the Transportation Trust Fund (subfund).
(2)25% into the La. Early Childhood Education Fund.
(3)25% into the La. Public Defender Fund.
Effective upon the enactment of HB No. 391 of the 2021 Regular Session.
(Amends R.S. 47:301(10)(ii); adds R.S. 47:301.3 and R.S. 51:1286(E))
Page 1 of 2
Prepared by Curry J. Lann. Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Ways and Means
to the original bill:
1. Specify that proposed law provides an exception to the current state sales and
use tax exclusion for raw and crude marijuana recommended for therapeutic
use.
2. Provide that proposed law will be effective if and when House Bill No. 391
of the 2021 Regular Session is enacted and becomes effective.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Revenue and Fiscal
Affairs to the reengrossed bill
1. Provides for the deposit of the collections of state sales and use taxes levied
on sales of raw or crude marijuana recommended for therapeutic use as
follows:
50% into the Construction Subfund of the Transportation Trust Fund
(subfund).
25% into the La. Early Childhood Education Fund.
25% into the La. Public Defender Fund.
2. Provides for the deposit of the proceeds of the .03% tax levied from sales of
raw or crude marijuana recommended for therapeutic use as follows:
50% into the Construction Subfund of the Transportation Trust Fund
(subfund).
25% into the La. Early Childhood Education Fund.
25% into the La. Public Defender Fund.
Page 2 of 2
Prepared by Curry J. Lann.