Marijuana and Tobacco Laws — Rachel Barry’s Comparison Chart

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

 

 

 

 

 

 

 

 

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Author: patoglesby

From 1982 to 1990, I worked in tax policy for Committees of the United States Congress. In recent years, I was Adjunct Lecturer at UNC-Chapel Hill's Business School and then Adjunct Professor at its Law School.

2 thoughts on “Marijuana and Tobacco Laws — Rachel Barry’s Comparison Chart”

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