Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB389

Introduced
2/6/23  
Refer
2/7/23  
Report Pass
2/13/23  

Caption

Income tax; providing deduction for certain expenses of licensed medical marijuana business. Effective date.

Impact

The proposed changes are expected to have significant ramifications on the taxation landscape for medical marijuana businesses. By allowing for certain deductions disallowed under federal law, the bill seeks to enhance the financial viability of these businesses in Oklahoma. Supporters argue that this will encourage economic growth and investment in the growing medical marijuana sector. Moreover, it enables producers to reinvest their earnings into their businesses, thereby potentially creating jobs and increasing state revenue without burdening taxpayers on the federal level.

Summary

Senate Bill 389 aims to amend Oklahoma's income tax laws by allowing a deduction for certain business expenses incurred in the operation of licensed medical marijuana activities. This bill specifically addresses Section 2358 of Title 68 of the Oklahoma Statutes, updating the language to include these deductions for taxable years beginning after December 31, 2024. The intention behind this amendment is to alleviate some of the tax burdens on entities operating within the state's licensed medical marijuana industry, aligning state tax policy with the unique challenges these businesses face under federal tax guidelines, particularly those outlined in Section 280E of the Internal Revenue Code.

Contention

Despite its intended benefits, SB389 is likely to encounter opposition. Opponents may argue that permitting any deductions related to cannabis could create complications regarding compliance with federal laws, especially for tax administration both at state and federal levels. Concerns may also be raised about the ethical implications of providing tax relief for an industry that remains federally illegal. Moreover, the bill may become a point of contention among lawmakers who have differing views on the state's approach to medical marijuana regulation, with debates centered around public health, safety, and local governance considerations.

Companion Bills

OK SB389

Carry Over Income tax; providing deduction for certain expenses of licensed medical marijuana business. Effective date.

Similar Bills

OK HB2646

Revenue and taxation; adjustments; wagering; tax year; effective date.

OK HB3669

Revenue and taxation; income tax adjustments; retirement benefits; effective date.

OK HB3675

Revenue and taxation; Oklahoma adjusted gross income; itemized deductions; effective date.

OK HB2178

Revenue and taxation; income tax; Oklahoma taxable income; Oklahoma adjusted gross income; OK Able Accounts; effective date.

OK HB2880

Revenue and taxation; net operating loss deductions; excess business losses; effective date.

OK HB2041

Revenue and taxation; providing income tax credit for individuals; prescribing method for computation of tax credit; computation of taxable income; effective date.

OK HB1006

Revenue and taxation, income tax, retirement income, exceptions, emergency.

OK HB2098

Revenue and taxation; Oklahoma taxable income and adjusted gross income; deduction; sale proceeds; real estate transactions; limitations; effective date.