Today's Law As Amended


Bill PDF |Add To My Favorites | print page

AB-3124 Sales and use tax: medicinal cannabis.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 6369.3 is added to the Revenue and Taxation Code, to read:

6369.3.
 (a) On and after January 1, 2021, there are exempted from the taxes imposed by this part the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, medicinal cannabis or medicinal cannabis product purchased by a qualified patient or a primary caregiver of a qualified patient if that qualified patient or primary caregiver provides a valid physician’s recommendation for that qualified patient and a valid state government-issued identification card for that qualified patient.
(b) For purposes of this section, all of the following terms shall apply:
(1) “Licensee” shall have the same meaning as in Section 26001 of the Business and Professions Code.
(2) “Medicinal cannabis” and “medicinal cannabis product” shall have the same meaning as in Section 26001 of the Business and Professions Code.
(3) “Physician’s recommendation” means a recommendation by a physician that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code.
(4) “Primary caregiver” shall have the same meaning as in Section 11362.7 of the Health and Safety Code.
(5) “Qualified patient” shall have the same meaning as in Section 11362.7 of the Health and Safety Code.
SEC. 2.
 It is the intent of the Legislature to enact legislation that will comply with the requirements of Section 41 of the Revenue and Taxation Code.
SEC. 3.
  Notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any sales and use tax revenues lost by it under this act.
SEC. 4.
  This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect.