During the next year, California officials said last week, the state expects to seize “more than $1 billion worth of illegal cannabis products.” That announcement came a few weeks after the U.S. Justice Department bragged about guilty pleas by 11 unlicensed California marijuana merchants, who had been nabbed with help from state and local law enforcement agencies.
The continuing war on weed in California, which supposedly legalized marijuana in 2016, reflects the striking failure to replace black-market dealers with state-licensed vendors, a plan that has been doomed by high taxes, local bans and overregulation. Judging from the marijuana legalization bill he introduced last week, Senate Majority Leader Chuck Schumer (D-N.Y.) has learned nothing from that experience.
Six years after California voters approved recreational marijuana, unauthorized suppliers still account for somewhere between two-thirds and three-quarters of sales.A recent report from the Reason Foundation (my employer) highlights one major reason why licensed businesses have had so much trouble competing with illegal suppliers: Taxes are too high.
Geoff Lawrence, the foundation’s managing director of drug policy, found that California’s effective tax rate ranged from $42 to $90 per ounce, depending on the jurisdiction, compared to an estimated wholesale production cost of $35 per ounce. The corresponding rates in Colorado and Oregon, both of which have been more successful at displacing the black market, are about $33 and $21, respectively.
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By Vince Sliwoski, Attorney at Harris Bricken I like being a cannabis business lawyer. It took a while for me to get there. I certainly didn’t think I would be doing this while I was in law school, or at the start of my career. Like a lot of things in life, it just sort…
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