Governor Bill Ritter (D) asked Colorado Attorney General John Suthers (R) for a legal opinion as to whether medical marijuana could be taxed.
Yesterday, AG Suthers replied that it could indeed be taxed, and the governor has acted quickly, stating that medical marijuana dispensaries will need to get retail licences and start paying sales taxes to the state, according to the Denver Post.
The City of Denver has also indicated that it will impose an additional city sales tax on dispensaries starting in December.
The legality of taxation hinges on whether medical marijuana is treated as a prescription drug or property. According to Suthers, it can be treated as property and not a tax-exempt prescription drug. Although a doctor must verify that a patient would benefit from medicinal marijuana, an actual prescription is not required.
Some may assume medical marijuana advocates would be disappointed by the decision to tax their products, but in fact many dispensaries have long supported taxation as a way to legitimize their businesses. Dispensaries still operate in a legal gray area, as Colorado residents have legalized medical marijuana but it is still prohibited by federal law.
Additionally, even lawmakers who have pushed for tighter regulations on medical marijuana have supported the taxation as a resource for the state’s economic troubles. Senator Chris Romer (D), especially, has pushed to make medical marijuana more difficult to obtain, especially for those under the age of 25. Yet Sen. Romer expressed approval of the taxation measure to the Denver Post, telling them "I'm pleased we now can get some tax revenue from the sale of a constitutionally authorized medical product."
Comments
an actual prescription is not required ? then how does a person get a doctors approval ? I am just saying ....
My understanding is that the doctor can write a letter saying the patient would benefit from medicinal marijuana, but it does not have to be a prescription on a prescription pad.
I have always wondered how this medicianl marajuana thing will play out. If I had a child that had a spouse that had legal use of marijuana how judgemental would I be ? what if he is an artist or sculptor or a cook at applebess and never made a very good living , would I say " Aha ... a looser ? ..." I am just saying ...
Isn't a prescription a written doctors approval???? Does anyone else see the hipocracy of medicine being taxed and treated differently than other medicines? Especially since it's a plant and non toxic. All this foolishness over a plant??? The concept is just so alien to me. How did they ever convince people to go along with this. Oh yeah! It was Reefer Madness lies and deceit.
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