Rachel Barry, a policy scholar at UC-San Francisco’s Center for Tobacco Control Research and Education and my colleague on the California Blue Ribbon Commission on marijuana legalization, has prepared this extensive chart or table comparing marijuana laws and tobacco laws. To see it easily, click on Rachel Barry MJ policies April 17, 2015; a downloadable Word version is Rachel Barry Word MJ policies April 17, 2015. I think it’s very useful. The pasted version below gives you an idea, but you will probably need one of those links to see the whole thing. (This chart is her work in progress, not that of the Commission.)
She welcomes feedback, and hopes to provide updates as laws change. Please contact her directly with suggestions, corrections, questions, and updates: email:rachel.barry@ucsf.edu, I’ll try to keep up with her. (Thanks, Rachel, for letting me post this.)
| Comparison of Marijuana Legalization Frameworks in Four States and Uruguay Compared to Regulations for Tobacco Products in the United States | |||||||
| Policy | Colorado | Washington | Uruguay | Oregon | Alaska | Tobacco Problem | Tobacco Solution |
| Authorized Sources of Retail Marijuana | Retail Marijuana Cultivation Facility | Licensed processor | OTC at pharmacies. Gov’t distributes to private pharmacies that must agree to sell marijuana | TBD | Marijuana Cultivation Facility | ||
| Authorized sources of retail MJ production/processor | Retail Marijuana Products Manufacturing Facility and that is pre-packaged | Licensed producer | Licensed cultivators receive product from government | TBD | Marijuana Cultivation Facility | ||
| Authorized sources of retail MJ cultivator/producer | Commonly owned Retail Marijuana Cultivation Facility or other Retail Marijuana Cultivation Facilities | Start-up inventory must be recorded within first 15 days, additional product from seeds or clones located on their licensed premises or purchase clones, seeds, plants from another licensed producer | Licensed producer sells to gov’t;, homegrown with 6 plants/family for non-commercial use ONLY | TBD | TBD | ||
| Age | 21 | 21 | 18 | 21 | 21 | Oppose meaningful youth restriction laws and penalties on retailers including Synar Amendment. Support minimum age req’t without enforcementPreempt local level power | Most states have laws that prohibit sales to minors. New York City and several other cities made the legal purchase at 21. Undetermined whether increasing purchase age impacts youth initiation. |
| Consumption | |||||||
| Residents | Private property or with the owner’s permission | Prohibited in public places | No public consumption | Prohibition of public consumption; Class B violation | Prohibition of public consumption; violation punishable by a fine of $100 | Accommodation of smokers and nonsmokers.Exempt bars andcasinosPreempt local authority | Prohibit smoking in workplaces including bars, casinos, restaurants and public places |
| Policy | Colorado | Washington | Uruguay | Oregon | Alaska | Tobacco Problem | Tobacco Solution |
| Visitors | Yes may purchase ¼ 0z. if 21 and older | Must consume in Washington | No; must be Uruguayan or a resident of Uruguay | Must consume in Oregon | Must consume in Alaska | N/A; no federal prohibition on tobacco | N/A |
| Advertising/Marketing | |||||||
| Store advertisement | Signs to identify location in same zone lot | One 1600 square inch sign. All stateadvertisingcannot- promote overconsumption-is false or misleading-represent marijuana as therapeutic | No | TBD | TBD | Oppose all marketing restrictions and preempt local level power | Restrict location and nature of tobacco industry marketing.MSA limits retail establishments to 14 square feet radius |
| Video Game Arcades | No | No | No | TBD | TBD | Yes; now uses youth smoking prevention programs to collect marketing data on youth | MSA bans |
| Shopping Malls | No; cannot engage in outdoor advertising that is visible to the general public | No | No | TBD | TBD | Yes; now uses youth smoking prevention programs to collect marketing data on youth | MSA bans |
| Billboards | No; cannot engage in outdoor advertising that is visible to the general public | Yes as long as outside one thousand feet of the perimeter of a school grounds, playground, recreation center or facility, child care center, public park, library, or a game arcade admission to which it is not restricted to persons aged twenty-one years or older | No | TBD | TBD | Yes | MSA bans |
| Public Parks | No | No | No | TBD | TBD | N/A | MSA bans |
| Youth | No | No | No advertising | TBD | TBD | Targeted youth with flavors, colors, cartoon characters, packaging of 10 rather than 20, comics | MSA bans targeting youth in advertising, marketing |
| Policy | Colorado | Washington | Uruguay | Oregon | Alaska | Tobacco Problem | Tobacco Solution |
| Young Adults | Yes | Yes | No | TBD | TBD | Smoking stages, key transition periods, infiltrate social and physical environments | Use industry marketing strategies in anti-smoking campaigns |
| Public Transit Vehicle or Shelter | No | No | No | TBD | TBD | Yes | MSA Bans |
| Radio/Print/Internet/TV | Yes. No more than 30% of audience under the age of 21 | Law does not prohibit but may be subject to Federal Communications Commission regulations | No | TBD | TBD | Slogans, tobacco cards, skywriting, comic strips, billboards, radio broadcasts, films/TV, newspaper ads, magazines (using doctors) | Radio and TV advertising ban in 1970 |
| Cartoon Characters | Advertising may not use cartoons or forms of attracting minors (not specific) | May not be designed in a way that would appeal to children (i.e. cartoons), may not contain children using marijuana in advertisement | No | TBD | TBD | Cartoon characters (Joe Camel) | MSA banned use in packaging, promotion, advertising |
| Out of State | No marketing out of state | No marketing out of state | No | TBD | TBD | N/A | N/A |
| Internet Advertising | May not market using internet pop ups; may not advertise via the internet unless it is reliable that 30% of the of the publications viewership is 21 or older | May have online advertising for business and may use social media but avoid advertising to persons under 21. May use YouTube and have a mascot that is not a cartoon character | No | TBD | TBD | Tobacco companies can advertise on social media, websites, YouTube | Must be 18 or older to access website |
| Location-Based Devices | No unless the application was downloaded by owner who is 21 or older and is removable | Does not specify | No | TBD | Does not specify | Does not specify | N/A |
| Merchandising | Not mentioned in the law | May have branded merchandising of company but cannot be sold in the store and requires a separate business license | No | TBD | TBD | Branded merchandise, baseball trading cards | MSA bans merchandising |
| Policy | Colorado | Washington | Uruguay | Oregon | Alaska | Tobacco Problem | Tobacco Solution |
| Coupons | Not mentioned in the law | No | No | May not be given as a prize | TBD | Buy one get one free couponsPrice manipulation | Local governments prohibit the distribution of coupons through strong retail licensing law |
| Event sponsorship | May sponsor an event but not advertise unless no more than 30% of the persons attending event are under 21 | Not prohibited but may not violate the law that requires advertising be outside 1,000 feet of schools or where people are under 21, or on publicly-owned property | No | TBD | TBD | Sponsored sports events in response to ban on tobacco ads onairwaves1900s-1998 (U.S.) 2000 (U.K.)Still sponsors militaryeventsAllowed one per year | Prohibits sponsorship of events where participants are underage and may not advertise cigarettes at events just brand name |
| Sport Sponsorship | Not mentioned in the law | Not prohibited but may not violate the law that requires advertising be outside 1,000 feet of schools or where people are under 21, or on publicly-owned property | No | TBD | TBD | “Alibi Branding” used where advertising is illegal | MSA bans brand name sponsorship |
| Policy | Colorado | Washington | Uruguay | Oregon | Alaska | Tobacco Problem | Tobacco Solution |
| Stadiums and Arenas | No; cannot engage in outdoor advertising that is visible to the general public | Within one thousand feet of the perimeter of a school grounds, playground, recreation center or facility, child care center, public park, library, or a game arcade admission to which it is not restricted to persons aged twenty-one years or older | No | TBD | TBD | Tobacco companies used to advertise in stadium and arenas | MSA bans tobacco brand name advertising in stadiums and arenas |
| Product Placement | Does not specify but likely illegal due to federal prohibition illegal | Does not specify but likely due to federal prohibition illegal | TBD | TBD | TBD | Smoking in the movies, use “Alibi Branding” | MSA bans payment to promote tobacco products in movies, TV, videos, video games, live performances |
| Clean Indoor Air | |||||||
| Smoking permitted? | No public consumption | No public consumption | Included in smokefree law of 2008 | No public consumption | No public consumption | Prior to 1980s, smoking was the norm and permitted in most places | Prohibit smoking in all public places, workplaces, restaurants, bars, casinos. Stronger local laws. |
| Public Places including transit | No | No | No | No | No | Oppose or weaken all smokefree laws | No |
| Workplaces | No | No | No; law explicitly states as such | No | No; does not grant right to use marijuana | Yes; in private offices | No |
| Restaurants | No | No | No | No | No | Smoking sections; ventilation systems | No |
| Bars and Casinos | No | No | No | No | No | Yes; exemptions for these venues | No |
| Policy | Colorado | Washington | Uruguay | Oregon | Alaska | Tobacco Problem | Tobacco Solution |
| Footage Requirement | No public smoking | No public smoking | No but no smoking permitted outside of educational and hospital facilities and in (nature) parks | No public smoking | No public smoking | No footage req’t | At least a 15-25 foot distance from any open window, door, or entrance way |
| Preemption | No | No | Yes | No | No | Push legislation that would preempt at state and federal level | Local level control |
| Exemptions | |||||||
| Hotels/Motels | Up to 25% | Up to 25% | No | No | Yes in private rooms | Exempt percentage of guestrooms if could not exempt entire venue | No |
| Limos under private hire | Yes | No | No | ? | Yes | Yes | No |
| Retail Tobacco Business | No | No | No | No | No | Yes | No |
| Hookah Bar/Cigar-Tobacco Bar | No | Yes | No | No | No | Yes | No |
| Airport Smoking Concession | No | No | No | No | No | Designated smoking chambers | Ban |
| Assisted Living Facilities | Yes (designated rooms) | No | No | Maybe allowed in private rooms | Yes in private rooms | Designated rooms | No |
| Outdoor area of any business | No | 25 feet of exit or window | No | No | No | Yes | Tobacco Free |
| Enforcement of MJ laws | Oregon State Police | ||||||
| Employees | Occupational licenses and identification badges requiredMust be at least 21 | Identification badges for employeesMust be at least 21 | N/A | TBD | TBD | No age restrictions | Must be 18 years or older |
| Policy | Colorado | Washington | Uruguay | Oregon | Alaska | Tobacco Problem | Tobacco Solution |
| Hours of operation | 8 am to 12 pm | 8 am to 12 pm | TBD | TBD | TBD | N/A | N/A |
| Licensing Authority | Department of Revenue | Liquor Control Board | Institute for RegulationandControl of Cannabis | Oregon Liquor Control Commission will begin accepting applications on January 4 2016 | Alcohol Beverage Control Board will create laws by November 2015; legislature may create the Marijuana Control Board under the Department of Commerce, Community, and Economic Development at anytime | No licensing authority, voluntary responsible vendor programs | Varies by state may be the Department of Alcohol and Tobacco Control, State Board of Equalization (CA), Department of Revenue |
| Annual Renewal | Yes | Yes | TBD | TBD | Yes; ABC shall begin reviewing applications February 2016 | Oppose all fees for retailers, no annual licensing fee and push for a one-time fee (California tobacco retail law has one-time fee) | Yes, amount high enough to pay for enforcement |
| License for each Category | Yes | Yes | No | Yes | Yes | Oppose all licensing | Yes |
| Local Licensing Authorized? | Yes | No. Centralized government structure | No. But may prohibit state licenses via general election | Yes. Local gov’t may establish procedures for issuance, suspension, revocation of a registration. Local gov’ts may establish annual licensing fees. | No. Preempt local control. | Yes, allow local jurisdictions to adopt legislation that would require a local tobacco license, administer an annual fee, prohibit flavors, coupons, require minimum pricing, prohibit sales 1,000 feet near schools etc. | |
| Policy | Colorado | Washington | Uruguay | Oregon | Alaska | Tobacco Problem | Tobacco Solution |
| Licensing Fees | |||||||
| MM Center 1ConversionPlant Count: up to 3,600 | App Fee: $500License Fee: $5,200Renewal : | N/A | N/A | N/A | N/A | N/A | |
| MM Center 2 ConversionPlant Count: up to 6,000 | App Fee: $500License Fee: $9,200Renewal: $10,100 | N/A | N/A | N/A | N/A | N/A | |
| MM Center 3 ConversionPlant Count: up to 10,200 | App Fee: $500License Fee: $13,200Renewal: $14,100 | N/A | N/A | N/A | N/A | N/A | |
| Infused Product Manufacturer | License Fee: $2,200Renewal: $2,800Renewal+CF: $5,000 | N/A | N/A | N/A | N/A | N/A | N/A |
| Cultivator | Retail MarijuanaCultivationFacilityApp Fee: $5,000License fee: $2,200 Renewal: $2,500Extended Plant Count Fee 1: $4,000Renewal: $6,800Extended Plant Count Fee 2: $8,000Renewal: $10,800 | $250, $1000 renewal | National Drug Board will determine licensing fees;predictions state that costs $1.5 million to start marijuana cultivation site | Producer license$1,000$250 processing fee | Marijuana cultivation facility; TBD | No fees | Varies by state |
| Processor/Producer | Retail MarijuanaProductsManufacturerApp Fee: $5,000License fee: $2,200Renewal: $2,500 | $250, $1000 renewal | N/A | Processing license$1,000$250 processing fee | Marijuana product manufacturing facility: TBD; marijuana establishment may renew 90 days prior to expiration of registration | No fees | Varies by state |
| Retailer | Retail MarijuanaStoreApp Fee: $5,000License fee: $3,000 Renewal: $3,300 | $250, $1000 renewal | Same laws as 1985 law regulating pharmacies | Retailer license$1,000$250 processing fee | Retail marijuana store: TBD | No fees | Varies by state |
| Policy | Colorado | Washington | Uruguay | Oregon | Alaska | Tobacco Problem | Tobacco Solution |
| Other | Retail Marijuana TestingFacilityApp Fee: $1,000License fee: $2,200 Renewal: $2,500 | N/A | N/A | Wholesaler license$1,000$250 processing fee | Marijuana testing facility: TBD | No fees | N/A |
| License Restrictions | |||||||
| Cultivators | Facilities that harvest more than twice or once or twice a year may not accumulate Harvested Marijuana in excess of the total amount of inventory the Licensee produced that was transferred to another Retail Marijuana Establishment in the previous quarter or year | Tier 1: Less than 2,000 square feet;Tier 2: 2,000 square feet to 10,000 square feet;Tier 3: 10,000 square feet to 30,000 square feet. | Sell product to pharmacies at $.90/gram, where it will be sold for $1/gram | May hold 1 or more licenses from any other level of production | TBD | ||
| Inventory | Existingare limited to 6,000 to 12,000 plants dependingonlicensingtierNew Retail Marijuana CultivationFacilitiesare limited to 3,600 but may apply for awaiveranddemonstrate that for 3 consecutive months facility cultivated an amount of plants near oratitsmaximum allowed and transferred at least 85% of its inventory to another Retail Marijuana Establishment, if approved:1) may cultivate up to 6,000 plants with $4,000additional fee2) 10,200 with $8,000 additional fee | Indoor: 6 months annual harvestOutdoor: 125% of its harvest | Not specified | TBD | TBD | ||
| Policy | Colorado | Washington | Uruguay | Oregon | Alaska | Tobacco Problem | Tobacco Solution |
| Limits on # of Licenses | No | Yes. Limited to one producer license | Yes. Only five. Gov’t will select licensees in 2015 | TBD | Local gov’ts may prohibit or the operation of marijuana cultivation facilities through ordinance or voter initiative | No limit on licenses. | Limit the number of producers of tobacco. |
| Producers/Processors | |||||||
| Inventory | Not specified | 6 months useable, 6 months average of total production | N/A | TBD | TBD | ||
| Limits on Licenses | No | Limited to three processor licenses | N/A | TBD | Local gov’ts may prohibit the operation of marijuana production facilities through ordinance or voter initiative | ||
| Policy | Colorado | Washington | Uruguay | Oregon | Alaska | Tobacco Problem | Tobacco Solution |
| Restrictions | May not prepare, manufacture, package, store, label Retail MJ product in a retail food establishment | N/A | N/A | May hold 1 or more licenses from any other level of production | TBD | ||
| Retailers | Administrative FeesTransfer of Ownership: $2,000Reallocation of Ownership: $800Change of Corporation of LLC Structure per person: $800Change of Trade Name: $40Change of Location: $500Modification of License Premises: $120Duplicate Business License: $40Duplicate Occupational License: $10Indirect Financial Interest Background Investigations: $150Off Premise Storage Permit: $2,200Subpoena Fee: $20050% of retail fees go to the local governments and may also assess an operating fee | No funding from fees is allocated to local governments for enforcement or administration | May hold 1 or more licenses from any other level of production | ||||
| Location | May share location with a MM facility as long as both have licenses | No stores located within 1000 feet of 10 defined places (see above) | Licensed pharmacies only; licensed user must be a part of the national database to track consumption | TBD | TBD | Oppose all restrictions | Cannot be within 1000 feet of a school |
| Inventory | May only sell MJ from commonly-owned Retail Marijuana Cultivation FacilityMust store MJ in restricted or limited restriction areas | 4 months average sale | TBD | TBD | TBD | ||
| Policy | Colorado | Washington | Uruguay | Oregon | Alaska | Tobacco Problem | Tobacco Solution |
| Limits on retailer licenses | No | 334 statewideRetail stores located according to population and consumption patterns | N/A | No | No | No. | Local governments should have control over licensing provisions |
| Restrictions | If an existing Retail Marijuana Store or Retail Marijuana Products ManufacturingFacilitywaiverapplicationwas approved by the division then retail marijuana store can:1) cultivate no more than 6,000 plants provided it pays the $4,000 extendedfee2) cultivate no more than 10,200 plants provided it pays the $8,000 extended fee | Yes; limited to 3 retail licenses and multiple-location licensees not allowed tohold more than 33 percent of the allowed licenses in any county or city; May not hold a producer and cultivator license | |||||
| Other products? | No | No, only marijuana, marijuana-infused products, paraphernalia | Yes at pharmacies | TBD | Allow tobacco to be sold at the point of sale and near candy where children are present | Sell tobacco in adult-only tobacco and cigar stores | |
| Testing Facilities | May develop product, may not sell, transfer, distribute retail MJ to Retail Marijuana Stores | N/A | Government controlled | TBD | Local gov’ts may prohibit or limit the number of marijuana testing facilities | N/A | N/A |
| Lobbying | Does not specify | Does not specify | TBD | Does not specify | Does not specify | Campaign contributions, soft money, gifts, charities, event sponsorship, allies and front groups | MSA bans tobacco companies from opposing state or local laws that limit youth access to and consumption of tobacco products, disclosure, and financial reports, exposing industry front groups and allied organizations |
| Policy | Colorado | Washington | Uruguay | Oregon | Alaska | Tobacco Problem | Tobacco Solution |
| Packaging | |||||||
| Warning LabelReq’t | Yes | YesLimited servings and concentration perpackageMust contain serving size | TBD | TBD | TBD | Sued gov’t over graphic warning labels and plain packaging | Yes with Surgeon General Warning, FDA attempted “tombstone” packaging in 1994, Brazil and New Zealand have more graphic warning labels than the US |
| Restrictions | May not be designed to appeal to children with cartoon or similar images | May not be designed to appeal to minors (under 21) with toys, cartoons, characters | TBD | TBD | TBD | “Looseys” sold, cigarillos sold individually. Won lawsuit on graphic warning labels in 2012 | Minimum pack size: 20 in 2001, tobacco companies can’t oppose state legislation banning manufacture and sale. Localities banning single cigar packages |
| EdiblesSmokeless | The standardized serving size for this product includes no more than ten mg of active THC, ingredients, refrigeration instructions | The intoxicating effectsof this drug may be delayed by two or more hours when ingested | TBD | TBD | TBD | Limited warning labels, packaging similar to candy products | Larger warning labels FDA req’t with 4 warnings on health consequences of use |
| Specifics | No false or misleading informationMust contain state “Universal Symbol” | No false ormisleadinginformationMay not be labeled as organic unless approved by theUSDALabels may not promote overconsumption, be misleadingRepresents product as therapeutic or curative | TBD | TBD | TBD | No restrictions | Light, low, mild banned from labeling |
| Policy | Colorado | Washington | Uruguay | Oregon | Alaska | Tobacco Problem | Tobacco Solution |
| Point of Sale | Point of sale in restricted area where minors (under 21) not permitted no less than 12X12 inches | Product must be behind the counter, no one under 21 permitted; single transaction limited to seven grams of marijuana-infused extract for inhalation | TBD | Sales not legal until January 2016 | TBD; sales not legal until March 2016 | Spend 45% of total expenditures on POS including in-store displays and prime shelf space, gifts with purchase, multipacks discountsRetailer incentive programs | Family Smoking Prevention and TC Act gave local and state gov’ts authority to ban certain advertising. CVS bans cigarette sales in stores nationwide, SF bans cigarette sales in pharmacies.Canada, Australia, and Ireland ban point-of-sale advertising |
| Vending Machines | Not specified; allowed for medical marijuana presumably within licensed premises, not on the street like tobacco | Not specified; allowed for medical marijuana presumably within licensed premises, not on the street like tobacco | No. | TBD | TBD | Oppose bans on vending machines, preempt local level power, ineffective measures like electronic locks | Restricted at state and local level but not nationally, restrict to ADULT ONLY locales |
| Possession | 1 oz. or less, grow 6 plants at home or less with no more than 3 in full maturation; hash and concentrates 1 oz or less | 1 oz of MJ, 16 oz of MJ infused in solid, 7 oz MJ infused, 72 oz in liquid | 40 grams or 1.4oz/per month for commercial MJ; no more than 10 grams per week; must be licensed user using a database that tracks users through fingerprints | 1 oz or less4 plants for each household; 8 oz for each household; personal cultivation may not be in public view; Class B violation | 1 oz or less, grow 6 marijuana plants at home or less with no more than 3 in full maturation;Personalcultivationmay not be in public view$750 fine | N/A | N/A |
| Marijuana | 1 oz or less | 1 oz or less | 40 grams | 1 oz or less | 1 oz or less | N/A | N/A |
| Hash and concentrates or extracts | 1 oz or less | See below | Did not specify | 1 oz or less; homemade butane hash oil is prohibited | TBD | N/A | N/A |
| Marijuana-infused (solid) | N/A | 16 oz | N/A | 16 oz | TBD | N/A | N/A |
| Marijuana-infused (liquid) | Does not specify | 7 oz | N/A | Does not specify | TBD | N/A | N/A |
| Policy | Colorado | Washington | Uruguay | Oregon | Alaska | Tobacco Problem | Tobacco Solution |
| Marijuana Liquid | N/A | 72 oz | N/A | 72 oz | TBD | N/A | N/A |
| Home grown | 6 plants, no more than 3 in full maturation | Not permitted | 6 plants per family and (480 grams/yr) | 4 plants for each household; 8 oz for each household | 6 plants, no more than 3 in full maturation | N/A | N/A |
| Marijuana Clubs (Cooperatives) | N/A | N/A | Cooperatives with 15- 45 members, non-commercial use only. 99 MJ plants maximum. Maximum annual production a function of the number of members | N/A | Prohibited by law | N/A | N/A |
| Preemption of sales | No. Local level authority can ban marijuana retail stores | No. Local level governments may prohibit marijuana retail facilities | Does not apply, centralized government | No. Localgovernmentsmayprohibitoperating, cultivating,manufacturing,testingandretailmarijuanafacilitiesthroughenactmentofanordinance or by a voter initiative through an initiative petition-60 days before election-signed by 10% of voters in locality | Yes,preempts local ordinances. Locals may adopt reasonable time, place &manner regulations of thenuisanceaspectsof establishments that sell marijuana;mayprohibitthe operation of licenses if a petition isfiled and approved in an election. Law will become effective January 1 |
Tobacco retailers more prevalent in low income and minority neighborhoods. Contracts with retailers to promote products. | No Family Smoking Prevention and TC Act allows local level and state level govts to regulate tobacco retailers |
| Policy | Colorado | Washington | Uruguay | Oregon | Alaska | Tobacco Problem | Tobacco Solution |
| Product | |||||||
| Restrictions | No nicotine or alcohol infusions | Processor or producer may not alter usable marijuana in any way to change the color, appearance, weight, or smell | THC level 5-12% | TBD | TBD | Manipulates the product to increase addictiveness, menthol cigarettes | No flavored cigarettes, working on banning menthol cigarettes, flavored OTP and little cigarillos |
| Edibles | No more than 100 mg of active THC | – 10 mg of THC per serving-100 mg of THC per product- A single unit of marijuana-infused extract for inhalation cannot exceed one gram | TBD | TBD | TBD | N/A | N/A |
| Product tracking | MJ inventory tracking system monitored by the state | Must track product from seed to sale, done by marijuana licenseesMonthly reports on purchases and sales | Government will place barcodes on bags; genetic information of legally produced plants will be kept on file | MJ producer mustmaintain and keep for two years all records, booksandaccounts required by sections 31 to 44 of this Act and shallprovide copies of those records,books and accounts to the commission when requested by the commission | MJ cultivation facilities send monthly statement accounting for the amount of MJ sold to retail or to productionfacilitieswith1) # ofounces2) names and addresses of each buyer/transferee3) weight/buyer | N/A | Interstate commerce permitted; not an illegal substance |
| Samples | |||||||
| Customer | No | No | N/A | TBD | TBD | Yes | MSA Bans |
| Policy | Colorado | Washington | Uruguay | Oregon | Alaska | Tobacco Problem | Tobacco Solution |
| Producer to processor | No | Yes | N/A | TBD | TBD | N/A | N/A |
| Processor to retailer | Yes | Yes | N/A | TBD | TBD | N/A | N/A |
| Testing Facility | May receive samples from retailer, manufacturer, cultivator, and other testing facilities | N/A | N/A | TBD | TBD | N/A | N/A |
| Signage | Restricted Area signs | No one under 21 permitted at entrances | TBD | TBD | TBD | “It’s the Law” and “We Card” programs, smoking for adults only, responsible vendor programs. Maintain close relationships with retailers | Ideal to restrict access to youths wherever cigarettes and OTP are sold |
| State Run | No, private sector | No, private sector | Yes, controls production, determines price, quality, and maximum production volume | No. Private sector | No, private sector | No, private sector | Ideal to have the state or non-profit run tobacco production and sales but has not been achieved |
| Taxation | 15% wholesale excise tax converted to per-gram tax based on “average market rate” of 62 cents for bud, 10 cents for trim initially 10% retail excise tax | 25% tax for each stage of production: producer, processor,retailerIflicenseeis both producer and processor, they are exempt from oneofthe25% taxes; Subject toexistingstate and local sales and B&O tax*in the process of modifying the tax structure | Marijuana production and sales exempt from taxes | Flowers taxed at $35/ounce; immature plants at $5; leaves at $10/ounce adjusted minimally for inflation, taxed at the cultivator/producer levelLocal gov’t preempted from taxing marijuana | Excise tax of $50/ounce imposed on sale or transfer of marijuana from marijuana cultivation facility to retail marijuana store or marijuana product manufacturing facility; regulations may set lower rate for certain parts of the plant (presumably leaves/trim). | Oppose all tax increases. Price cuts to undermine tax increases | Increase taxes at the local, state, and federal level and dedicate taxes to mass media campaigns aimed at the total population |
| Policy | Colorado | Washington | Uruguay | Oregon | Alaska | Tobacco Problem | Tobacco Solution |
| Statements and Payment of Tax | Cultivators and retailers pay taxes through the Department of Revenue’s online payment portal, or with cash, check,orvoucherAll state and state-collected sales and usetaxreturnsmust be filed, and all taxesmust be remitted to the Department of Revenue, on orbefore the 20th day of the month following the reporting month. | All licensees are required to remit to the Washington State Liquor Control Board (WSLCB) an excise tax of 25 percent on all taxable sales of marijuana, marijuana concentrates, useable marijuana, and marijuana-infused products, due 20th of every monthWSLCB: accepts cash, check, cashier’s check, or money order | Does not apply | Oregon Liquor Control Commission has the right toexamine the books of any licensee within 72 hours of notification, including premises and persons20th of every month producers must file numberofa statement with quantities of marijuana flowers, leaves, and immature plants sold | MJ cultivation facilities send monthly statement accounting for the amount of MJ sold to retail or to productionfacilitieswith1) # ofounces2) names and addresses of each buyer/transferee3) weight/buyer | Oppose all taxes | Varies by state. In California,theBOE administers and enforces the tax.Excisetaxesareimposeduponthe distributionofcigarettesandtobacco products in California.Distributors mustbelicensedandhaveanaccountnumbertoremit theexcisetaxesowedandtoconduct these transactions.Two types ofexcisetaxesarecollected on cigarettesandtobaccoproducts distributed in California:1) the cigarette tax, and 2) thecigarette and tobacco productssurtax. |
| Policy | Colorado | Washington | Uruguay | Oregon | Alaska | Tobacco Problem | Tobacco Solution |
| Administration and Enforcement of Tax | Subject to license being revoked upon failure to pay tax with 2 percent fine per month of delinquency | Does not apply | Commission regularly reviews tax rate and make recommendation to legislative assemblyforappropriateadjustments1) maximize netrevenue2) control illegal market3) control underage use | Subject to civil penalties if delinquent; license may be revoked | No enforcement. | Varies by state.In California the BOE administers and enforces the tax on cigarettes and tobacco products. Distributors, wholesalers, manufacturers, and importers register with the BOE and pay the applicable licensing fee. These licensees are required to file tax returns, reports, or schedules on the 25th of the month following the reporting period. Must maintain all records at licensed premises in California. | |
| Purpose of Taxation | First $40 million of producer tax will go to school funding; retail tax revenue will go to the general fund for enforcement and implementation | Payments madeeveryquarterUp to $1.25 million for administration of program;$185,000 study youth use;$50,000 to fund reports mandated by initiative;$5,000foronlineeducationmaterialsAfter payments made 50%: state health plan;15%: reducing substance abuse among young ppl;10%: public health program;10%: study short and long-term effects of marijuana5%: general fund | No tax is levied but the National Drug Board is responsible for running nationwide media campaigns educating the public on the risks, effects, and potential harms of drugs, which will be financed by state contractors and private sector | Oregon MarijuanaAccount40%: CommonSchoolFund20%: Mental Health, Alcoholism, and Drug services Account;15%: State Police;10%: cities and counties for local enforcement, 10%: to local cities and counties based on number of licensed marijuana facilities;5%: Oregon Health Authority for alcohol and drug abuse prevention | Unallocated per ballot measure; legislature will appropriate or allocate funds for particular purposes | Funnel tax revenues into general fund, educational programs, anything not tobacco control | Allocate funding towards anti-smoking campaigns that denormalize smoking and demonize the industry and tobacco-related disease research |
The Center for New Revenue 
A Herculean task. Very impressive!
Sent from my iPad
>
Thank you Pat. I encourage criticism and recommendations. Please do send rachel.barry@ucsf.edu.