Massachusetts Increases Marijuana Tax Rate

Massachusetts voters approved recreational marijuana in November 2016 and now lawmakers in the state, regardless of their support or opposition for recreational marijuana, are taking up the challenge of creating a new taxing and regulatory framework for the market.

The ballot measure, Question 4, outlined the taxation of recreational marijuana: the state sales tax rate of 6.25 percent, a state excise tax of 3.75 percent, and localities would be permitted to levy a separate tax of up to 2 percent. Altogether, marijuana would have faced a maximum tax rate of 12 percent, the lowest of the eight states that currently tax recreational marijuana.

However, policymakers, concerned that the original tax rate was too low, have revised the tax rates so they now total a maximum rate of 20 percent. The new law still subjects recreational marijuana to the state sales tax rate of 6.25 percent, but increases the state excise tax rate to 10.75 percent and permits localities to levy a rate of up to 3 percent. Governor Baker (R) signed the bill July 28th.

Even at a rate of 20 percent, Massachusetts will levy a relatively low rate on recreational marijuana compared to other states.

Despite the changes to the tax treatment, medical marijuana in Massachusetts will remain untaxed. This has the potential to create problems for the state as it might keep some recreational marijuana in the gray market. For instance, people with medical cards might resell their untaxed marijuana to those without medical cards.

Currently, one in five Americans live in a state with legal recreational marijuana, and legalization approval ratings have reached record highs. With eight states taxing marijuana under different structures and with rates ranging from 10 percent to 37 percent, best practices regarding taxation and regulation should become clear. States should be prepared to implement a system that is both effective and protects consumers.