Maine Revised Statutes

§1817. Taxes on retail marijuana and retail marijuana products

1. Definitions.  As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Retail marijuana" has the same meaning as in Title 7, section 2442, subsection 34. [IB 2015, c. 5, §3 (NEW).]
B. "Retail marijuana product" has the same meaning as in Title 7, section 2442, subsection 37. [IB 2015, c. 5, §3 (NEW).]
C. "Retail marijuana social club" has the same meaning as in Title 7, section 2442, subsection 39. [IB 2015, c. 5, §3 (NEW).]
D. "Retail marijuana store" has the same meaning as in Title 7, section 2442, subsection 40. [IB 2015, c. 5, §3 (NEW).]
E. "State licensing authority" has the same meaning as in Title 7, section 2442, subsection 44. [IB 2015, c. 5, §3 (NEW).]
[ IB 2015, c. 5, §3 (NEW) .]
2. Sales tax on retail marijuana and retail marijuana products.  The sales tax on retail marijuana and retail marijuana products is 10% and is the only tax charged on the sale of retail marijuana and retail marijuana products at the point of final sale at a retail marijuana store or retail marijuana social club.
[ IB 2015, c. 5, §3 (NEW) .]
3. Returns; payment of tax; penalty.  A retail marijuana store or retail marijuana social club shall file, on or before the last day of each month, a return on a form prescribed and furnished by the state licensing authority together with payment of the sales tax due under this section. The return must report all sales of retail marijuana and retail marijuana products within the State during the preceding calendar month. A retail marijuana store or retail marijuana social club shall keep a complete and accurate record at its principal place of business to substantiate all receipts and sales of retail marijuana and retail marijuana products.
[ IB 2015, c. 5, §3 (NEW) .]
4. Failure to make payments.  The state licensing authority shall adopt rules to address the case in which a retail marijuana store or retail marijuana social club fails to make tax payments as required by this section, including fines and other penalties up to permanently revoking the retail marijuana store's or retail marijuana social club's license. Rules adopted pursuant to this subsection are routine technical rules as described in Title 5, chapter 375, subchapter 2-A.
[ IB 2015, c. 5, §3 (NEW) .]
5. Exemption.  The tax on marijuana imposed pursuant to this section may not be levied on marijuana sold by a registered nonprofit dispensary or registered caregiver to a qualifying patient or primary caregiver pursuant to Title 22, chapter 558-C.
[ IB 2015, c. 5, §3 (NEW) .]
6. Records.  The following records must be kept by a licensee and those records must be available for inspection by an agent of the state licensing authority:
A. The reports and transmittal of monthly sales tax payments by retail marijuana stores and retail marijuana social clubs; and [IB 2015, c. 5, §3 (NEW).]
B. Authorization for the Bureau of Revenue Services to have access to licensing information to ensure sales, excise and income tax payment. [IB 2015, c. 5, §3 (NEW).]
[ IB 2015, c. 5, §3 (NEW) .]
7. Application of tax revenues.  All sales tax revenue collected pursuant to this section must be deposited in the General Fund. Sales tax revenue derived from the sale of retail marijuana and retail marijuana products may not be used to directly fund any new state programs except that this revenue may be appropriated to the Maine Criminal Justice Academy for the purpose of training law enforcement personnel on retail marijuana and retail marijuana products laws and rules. Funds appropriated to the Maine Criminal Justice Academy pursuant to this subsection may be used only for the actual costs incurred to provide the necessary education and training of law enforcement personnel.
[ IB 2015, c. 5, §3 (NEW) .]
SECTION HISTORY
IB 2015, c. 5, §3 (NEW).