Recreational Marijuana Taxes by State, 2022

Recreational marijuana taxation is one of the hottest policy issues in the U.S. Currently, 21 states (Alaska, Arizona, California, Colorado, Connecticut, Illinois, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, and Washington) have implemented legislation to legalize and taxA tax is a mandatory payment or charge collected by local, state, and national governments from individuals or businesses to cover the costs of general government services, goods, and activities. recreational marijuana sales.

This election season was full of ballot measures that put legislation directly in the hands of voters. And marijuana was a particularly popular issue on the ballot; voters had the option to legalize recreational marijuana sales in five states:

• Voters in Maryland overwhelmingly supported marijuana legalization via Question 4. Voters in Missouri similarly passed Amendment 3, establishing a legal marijuana market with a 6 percent excise taxAn excise tax is a tax imposed on a specific good or activity. Excise taxes are commonly levied on cigarettes, alcoholic beverages, soda, gasoline, insurance premiums, amusement activities, and betting, and typically make up a relatively small and volatile portion of state and local and, to a lesser extent, federal tax collections. on retail sales.
• In Arkansas (Issue 4), North Dakota (Measure 2), and South Dakota (Initiated Measure 27), voters rejected attempts to legalize recreational marijuana. In each case, support for legalization gained at least 43 percent of the popular vote but ultimately failed to achieve a majority of the vote.

The past year saw several states launch legal cannabis markets, with more poised to do so in the year to come. Montana’s legal recreational marijuana market launched on January 1, 2022, with $22.6 million in sales during the first month. Vermont began sales in March and both New Jersey and New Mexico began sales in April.

Virginia, New York, and Rhode Island have passed legislation to facilitate a legal recreational marijuana market but have yet to start sales. Each state expects to have legal cannabis markets operational within the next year. Governor Cuomo (D) signed New York’s cannabis legislation into law in March of 2021, which combines a retail sales excise tax with a potency tax. New York’s cumbersome regulatory process for approving and establishing marketplace transactions may push the first legal sales back to 2023.

Virginia is scheduled to start legal sales on July 1, 2023, with a 21 percent excise tax. Rhode Island legalized cannabis and passed a 10 percent excise tax on retail purchases, with local governments able to levy an additional 3 percent excise tax on retail sales. Legal sales are expected to begin on December 1, 2022.

The following map highlights the states that currently levy taxes on recreational marijuana or have passed legislation to tax marijuana.

Marijuana markets operate under a unique legal framework. Federally, marijuana is classified as a Schedule I substance under the Controlled Substances Act, making the drug illegal to consume, grow, or dispense. Individual states that have legalized consumption and distribution don’t actively enforce the federal restrictions.

This turns each state market into a silo. Marijuana products cannot cross state borders, so the entire process (from seed to smoke) must occur within state borders. This unusual situation, along with the novelty of legalization, has resulted in a wide variety of tax designs.

State Recreational Marijuana Taxes (State Excise Tax Rates on Recreational Marijuana), as of November 9, 2022

State	Tax Rate
Alaska	$50/oz. mature flowers;
	$25/oz. immature flowers;
	$15/oz. trim, $1 per clone
Ariz.	16% excise tax (retail price)
Calif.	15% excise tax (levied on wholesale at average market rate);
	$9.65/oz. flowers & $2.87/oz. leaves cultivation tax;
	$1.35/oz fresh cannabis plant
Colo.	15% excise tax (levied on wholesale at average market rate);
	15% excise tax (retail price)
	3% excise tax (retail price)
Conn.	$0.00625 per milligram of THC in plant material
	$0.0275 per milligram of THC in edibles
	$0.09 per milligram of THC in non-edible products
Ill.	7% excise tax of value at wholesale level;
	10% tax on cannabis flower or products with less than 35% THC;
	20% tax on products infused with cannabis, such as edible products;
	25% tax on any product with a THC concentration higher than 35%
Maine	10% excise tax (retail price);
	$335/lb. flower;
	$94/lb. trim;
	$1.5 per immature plant or seedling;
	$0.3 per seed
Mass.	10.75% excise tax (retail price)
Mich.	10% excise tax (retail price)
Mont.	20% excise tax (retail price)
Nev.	15% excise tax (fair market value at wholesale);
	10% excise tax (retail price)
N.J.	Up to $10 per ounce, if the average retail price of an ounce of usable cannabis was $350 or more;
	up to $30 per ounce, if the average retail price of an ounce of usable cannabis was less than $350 but at least $250;
	up to $40 per ounce, if the average retail price of an ounce of usable cannabis was less than $250 but at least $200;
	up to $60 per ounce, if the average retail price of an ounce of usable cannabis was less than $200
N.M	12% excise tax (retail price)
N.Y. (a)	$0.005 per milligram of THC in flower
	$0.008 per milligram of THC in concentrates
	$0.03 per milligram of THC in edibles
	9% excise tax (retail price)
Ore.	17% excise tax (retail price)
R.I. (a)	10% excise tax (retail price)
Va. (a)	21% excise tax (retail price)
Vt.	14% excise tax (retail price)
Wash.	37% excise tax (retail price)
(a) As of July 2022, retail sale of recreational marijuana has not yet started. Note: District of Columbia voters approved legalization and purchase of marijuana in 2014 but federal law prohibits any action to implement it. In 2018, the New Hampshire legislature voted to legalize the possession and growing of marijuana, but sales are not permitted. Alabama, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Minnesota, Nebraska, North Carolina, South Carolina, Oklahoma, Rhode Island, and Tennessee impose a controlled substance tax on the purchase of illegal products. Several states impose local taxes as well as general sales taxes on marijuana products. Those are not included here. Sources: State statutes; Bloomberg Tax.

The multitude of approaches makes any apples-to-apples rate comparison difficult. New York and Connecticut are the first states to implement a potency-based tax per milligram of THC. But most states levy an ad valorem tax on the retail sales price of cannabis sales—ranging from 6 percent in Missouri up to 37 percent in Washington.

There are still many unknowns regarding the taxation of recreational marijuana, but as legal markets proliferate and more research is done on the externalities of consumption, more data will be available. The design of cannabis taxes will also become more important as federal legislation potentially changes the market through additional federal taxes and the introduction of interstate commerce.

Principles for Taxing Cannabis

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