HB 119: "An Act relating to marijuana taxes; and providing for an effective date."
00 HOUSE BILL NO. 119 01 "An Act relating to marijuana taxes; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 43.61.010(a) is amended to read: 04 (a) An excise tax is imposed on the sale or transfer of marijuana from a 05 marijuana cultivation facility to a retail marijuana store or marijuana product 06 manufacturing facility. Every marijuana cultivation facility shall pay an excise tax at 07 the rate of $12.50 an [$50 PER] ounce, or proportionate part thereof, on marijuana 08 that is sold or transferred from a marijuana cultivation facility to a retail marijuana 09 store or marijuana product manufacturing facility. 10 * Sec. 2. AS 43.61.010(b) is amended to read: 11 (b) The department may exempt certain parts of the marijuana plant from the 12 excise tax described in (a) of this section or may establish a rate lower than $12.50 an 13 [$50 PER] ounce for certain parts of the marijuana plant. 14 * Sec. 3. AS 43.61.010(f) is amended to read: 15 (f) The marijuana education and treatment fund is established in the general
01 fund. The [IN ADDITION TO THE ACCOUNTING UNDER (c) OF THIS 02 SECTION, THE] Department of Administration shall separately account for [25 03 PERCENT OF] the tax collected under this section and deposit it into the marijuana 04 education and treatment fund. The Department of Administration shall deposit interest 05 earned on the fund into the general fund. Money in the fund does not lapse. The 06 legislature may appropriate from [USE THE ANNUAL ESTIMATED BALANCE 07 IN] the fund not more than 33 percent of the annual estimated tax collected under 08 this section to each of the following: 09 (1) [TO MAKE APPROPRIATIONS TO] the Department of Health 10 for the comprehensive marijuana use education and treatment program established 11 under AS 44.29.020(a)(14); 12 (2) the Department of Commerce, Community, and Economic 13 Development to support administrative tasks relating to the cultivation, 14 manufacture, and sale of marijuana and marijuana products in the state; and 15 (3) the general fund. 16 * Sec. 4. AS 43.61.010 is amended by adding a new subsection to read: 17 (g) A sales tax is imposed on the sale of marijuana and marijuana products 18 from a retail marijuana store to a consumer. Every consumer shall pay a three percent 19 sales tax at a retail marijuana store for all marijuana and marijuana products intended 20 for human consumption. 21 * Sec. 5. AS 43.61.020 is amended to read: 22 Sec. 43.61.020. Monthly statement and payments. (a) Each retail marijuana 23 store [CULTIVATION FACILITY] shall send a statement by mail or electronically to 24 the department on or before the last day of each calendar month. The statement must 25 contain an account of the amount of marijuana sold to consumers [OR 26 TRANSFERRED TO RETAIL MARIJUANA STORES AND MARIJUANA 27 PRODUCT MANUFACTURING FACILITIES IN THE STATE] during the 28 preceding month, setting out 29 [(1)] the total number of ounces, including fractional ounces, sold and 30 the total value of the marijuana sold [OR TRANSFERRED; 31 (2) THE NAMES AND ALASKA ADDRESS OF EACH BUYER
01 AND TRANSFEREE; AND 02 (3) THE WEIGHT OF MARIJUANA SOLD OR TRANSFERRED 03 TO THE RESPECTIVE BUYERS OR TRANSFEREES]. 04 (b) The retail marijuana store [CULTIVATION FACILITY] shall pay 05 monthly to the department [,] all taxes, computed at the rates prescribed in this 06 chapter, on the respective total quantities of the marijuana sold [OR TRANSFERRED] 07 during the preceding month. The monthly return shall be filed and the tax paid on or 08 before the last day of each month to cover the preceding month. 09 * Sec. 6. AS 43.61.030 is amended to read: 10 Sec. 43.61.030. Administration and enforcement of tax. (a) Delinquent 11 payments under this chapter shall subject the retail marijuana store [CULTIVATION 12 FACILITY] to civil penalties under AS 43.05.220. 13 (b) If a retail marijuana store [CULTIVATION FACILITY] fails to pay the 14 tax to the state, the retail marijuana store's [CULTIVATION FACILITY'S] 15 registration may be revoked in accordance with procedures established under 16 AS 17.38.190(a)(1). 17 * Sec. 7. AS 43.61.010(c) and 43.61.010(d) are repealed. 18 * Sec. 8. AS 43.61.010(a) and 43.61.010(b) are repealed July 1, 2028. 19 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 APPLICABILITY. AS 43.61.010(a), as amended by sec. 1 of this Act, and 22 AS 43.61.010(b), as amended by sec. 2 of this Act, apply to taxes accrued on or after the 23 effective date of secs. 1 and 2 of this Act. 24 * Sec. 10. Sections 4 - 6 of this Act take effect July 1, 2028.