I'm afraid this may be misleading information. As far as ASA knows,
there is no plan to change the BOE policy established in October 2005,
which is to require the sale of medical marijuana to be taxed by the
state. In fact, State Senator Carole Migden may soon be re-introducing
her back sales tax amnesty bill (SB 529 from last year) to assist
dispensaries and patients struggling to comply with these sometimes
onerous BOE requirements.
ASA and others have been communicating with BOE Chair Betty Yee's office
and no such policy change has ever been mentioned. While we would invite
such a change, it will likely not come about unless medical marijuana is
federally rescheduled or taken off the federal Controlled Substances
list altogether (so that it can be prescribed), or someone wins a legal
battle in state court (and I'm not certain that there even is such a
case filed yet).
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