California 2023-2024 Regular Session

California Assembly Bill AB3248

Introduced
2/16/24  
Refer
3/21/24  
Report Pass
3/21/24  
Report Pass
3/21/24  
Refer
4/1/24  
Refer
4/1/24  
Refer
4/1/24  

Caption

Cannabis excise tax: rate reduction.

Impact

The bill, if passed, would directly affect state revenue derived from cannabis sales. By lowering the excise tax rate, the intention appears to be to stimulate the cannabis market, making retail purchases more attractive to consumers and potentially increasing overall sales volumes. Existing regulations governing cannabis sales are recognized as overly burdensome; thus, this bill is seen as a means to enhance business conditions for cannabis retailers while adhering to the intents of AUMA. Auma allows legislative amendments when passed with a two-thirds vote in both houses without needing voter approval.

Summary

Assembly Bill 3248, introduced by Assembly Member Essayli, proposes a significant reduction in the cannabis excise tax in California. Currently, the excise tax on purchases of cannabis or cannabis products stands at 15% of gross retail sales. The bill aims to reduce this rate to 5% effective January 1, 2025, while allowing for periodic adjustments based on the revenues that would have been collected under the now-discontinued cultivation tax. This legislative action is framed within the context of prior amendments to the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA).

Sentiment

The sentiment surrounding AB 3248 is mixed. Proponents argue that this reduction will foster a thriving cannabis market, ultimately benefiting both consumers and businesses by lowering costs and encouraging greater participation in legal cannabis markets. Conversely, critics caution against the potential loss of state tax revenues, which could undermine funding for programs benefitting public health and safety. This reflects a broader concern over balancing business interests with the state's fiscal responsibilities.

Contention

Key points of contention include the necessity of the tax reduction in relation to state revenue needs and community priorities. Opponents express concern that reducing the excise tax could lead to significant decreases in public funds derived from cannabis sales, which are crucial for supporting various government programs. Supporters counter that an optimal tax structure could also lead to greater compliance with regulations and foster a more robust market. The bill's approach to adjusting tax rates every two years adds a layer of complexity and potential for debate regarding how effectively these adjustments would respond to actual revenue needs.

Companion Bills

No companion bills found.

Previously Filed As

CA SB846

Liens: harvested crops.

CA AB828

Cannabis excise tax: remittance and collection.

CA SB512

Cannabis: taxation: gross receipts.

CA AB8

Cannabis: cannabinoids: industrial hemp.

CA AB1305

Sales and use taxes: worthless accounts.

CA AB3261

Cannabis.

CA AB3157

Taxation: cannabis.

CA AB1569

Sales and use tax: medicinal cannabis: veterans.

CA AB564

Cannabis: excise tax: rate increase repeal.

CA SB92

Taxation.

Similar Bills

CA SB789

Taxation: information returns: vacant commercial real property.

CA SB512

Cannabis: taxation: gross receipts.

CA AB83

Housing.

CA SB110

Housing.

CA AB2660

Hazardous waste: surplus household consumer products.

CA AB564

Cannabis: excise tax: rate increase repeal.

CA AB1715

International trade and investment offices.

CA AB3035

Farmworker housing.