Republish
Excessive taxes, local control allows California illicit cannabis market to thrive
We love that you want to share our stories with your readers. Hundreds of publications republish our work on a regular basis.
All of the articles at CalMatters are available to republish for free, under the following conditions:
-
- Give prominent credit to our journalists: Credit our authors at the top of the article and any other byline areas of your publication. In the byline, we prefer āBy Author Name, CalMatters.ā If youāre republishing guest commentary (example) from CalMatters, in the byline, use āBy Author Name, Special for CalMatters.ā
-
- Credit CalMatters at the top of the story: At the top of the storyās text, include this copy: āThis story was originally published by CalMatters. Sign up for their newsletters.ā If you are republishing commentary, include this copy instead: āThis commentary was originally published by CalMatters. Sign up for their newsletters.ā If youāre republishing in print, omit the second sentence on newsletter signups.
-
- Do not edit the article, including the headline, except to reflect relative changes in time, location and editorial style. For example, āyesterdayā can be changed to ālast week,ā and āAlameda Countyā to āAlameda County, Californiaā or āhere.ā
-
- If you add reporting that would help localize the article, include this copy in your story: āAdditional reporting by [Your Publication]ā and let us know at republish@calmatters.org.
-
- If you wish to translate the article, please contact us for approval at republish@calmatters.org.
-
- Photos and illustrations by CalMatters staff or shown as āfor CalMattersā may only be republished alongside the stories in which they originally appeared. For any other uses, please contact us for approval at visuals@calmatters.org.
-
- Photos and illustrations from wire services like the Associated Press, Reuters, iStock are not free to republish.
-
- Do not sell our stories, and do not sell ads specifically against our stories. Feel free, however, to publish it on a page surrounded by ads you’ve already sold.
-
- Sharing a CalMatters story on social media? Please mention @CalMatters. We’re on X, Facebook, Instagram, TikTok and BlueSky.
If youād like to regularly republish our stories, we have some other options available. Contact us at republish@calmatters.org if youāre interested.
Have other questions or special requests? Or do you have a great story to share about the impact of one of our stories on your audience? Weād love to hear from you. Contact us at republish@calmatters.org.
Excessive taxes, local control allows California illicit cannabis market to thrive
Share this:
Guest Commentary written by
Tiffany Devitt
Tiffany Devitt is a board member of the California Cannabis Industry Association and the head of regulatory affairs for CannaCraft and March and Ash.
The chief financial officer of the cannabis company MariMed was recently asked where her team was considering expanding. Her reply: āNot California.ā
Susan Villare is not alone in that sentiment. Numerous well-capitalized businesses are pulling up stakes and abandoning substantial investments rather than face mounting losses. Many investors describe the market as ābrutalā and ātoxic.ā
Currently 2 out of every 3 cannabis purchases are made in the illicit market. Evidence suggests that disparity is getting worse. Legal sales have been on a two-year slide.
Another symptom of turbulent times is business failures. About 15% of cultivators have surrendered their licenses this year; others are letting fields go fallow, unable to fund this yearās harvest.
Things are no better further up the supply chain. A year ago, there was a robust brand community. In May 2022, there were close to 1,500 brands in the market. A year later, less than a thousand remain.
Distributors are also struggling. A 2022 report estimates that they are sitting on about $600 million dollars of invoices that retailers are unable or unwilling to pay.
As for Californiaās cannabis retailers, numerous industry observers are warning of yet another āextinction event.ā The probable closure of hundreds of dispensaries will further destabilize the industry as farmers and manufacturers lose access to legal-market customers.
For all the talk of equity and ārighting the wrongsā of the drug war, all of this is taking place in an industry without bankruptcy protections, where individuals carry personal liability for business taxes, and where businesses are barred from writing off normal expenses.
In other words, behind the industryās potential demise are thousands of intimate, personal stories of financial ruin.
Proposition 64, the 2016 initiative to legalize cannabis, began with the statement: āIt is the intent of the People … to take marijuana production and sales out of the hands of the illegal market … to tax the growth and sale of marijuana in a way that drives out the illicit market …ā
Our failure to achieve these voter-mandated goals is the root cause of much of the industryās distress. So, what went wrong?
With the benefit of hindsight, itās clear that Prop. 64 had two fatal flaws: high taxes and local control.
The state excise tax on a bottle of wine is 4 cents. For an eighth-ounce of cannabis, itās $4.90 or over 100 times more. Products are also subjected to countless local taxes. A single product may be taxed at cultivation, manufacturing, distribution and retail. Some jurisdictions even charge a āroad taxā for merely transporting products.
These taxes compound the supply chain, resulting in an aggregate burden thatās 50% or more of the original price.
Thatās hardly the way to ādrive out the illicit market.ā Absent larger tax reforms, cracking down against illegal cannabis will continue to be a losing game of whack-a-mole.
The second fatal flaw is local control, or the requirement that cannabis businesses receive permits from both the local jurisdiction and the state. That sounds reasonable. But in practice, it’s led to cannabis retail bans in much of the state.
By allowing municipalities to opt-out of legalization, the state has essentially ceded two-thirds of the market to criminals. In these dry zones, unregulated, untaxed and untested cannabis is king, and consumers are still partying like itās 1999.
Cannabis is one of Californiaās great heritage industries, along with wine, technology and entertainment ā industries weāve nurtured and fostered with supportive legislation and regulation.
By right, we should have a robust cannabis market thatās poised to dominate in a post-legalization world. But achieving that will require immediate changes to ensure legal cannabis is more accessible and less expensive for consumers.