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California dispensaries get tax payment change notices as industry tax bill balloons

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The California cannabis industry is increasingly underwater with its tax bills to the state, and it appears that the primary tax authority wants to ensure more effective collections.

According to the California Department of Tax and Fee Administration, the state industry’s total outstanding tax tab neared $1.3 billion as of Oct. 31. The figure represents “the total accounts receivable for cannabis excise tax and sales and use tax accounts for known cannabis sellers,” including all unpaid taxes, penalties and interest, the agency wrote in an email to Green Market Report.

Taxes, interest and penalties from audits alone make up $727.7 million of that, the agency wrote, dating back to 2018. Another $354.4 million in reported but unpaid excise, sales and use taxes are also part of the total.

That’s up from an outstanding balance of roughly $287 million in February. It’s also up from the estimated $732 million calculated by GreenWave Advisors in April, of which 72% was owed by  companies that were already out of business.

No easy answers

The ballooning tax bill could explain why scores of licensed California cannabis dispensaries in the Los Angeles area recently received notices from the CDTFA stating that their mandatory tax payment schedule will change from quarterly to monthly, which has caused some alarm, according to industry sources.

However, operators can contact the CDTFA by Dec. 1 to request their payment plans stay the same, the agency said.

Dispensary owners began receiving the “Notice of Change in Reporting Basis” letters around Nov. 1, according to Jerred Kiloh, owner of The Higher Path in L.A. and president of the United Cannabis Business Association.

One such notice, shared with Green Market Report, states, “The average tax liability you report is at a level that will change your reporting basis. As a result, your reporting basis is changing from quarterly to monthly, effective January 1, 2025.”

CDTFA Notice of change 11.7.24_Redacted

“My members are worried that they have to pay this new reporting requirement,” Kiloh said. “We’re using that to buy products and sell them to float our debt.”

One member’s reaction was to simply declare that he’d close up shop in January if he was going to be required to remit taxes every month.

“That is how slim the margins are in this industry, that we’re utilizing floated tax dollars to buy products to put on our shelves to sell so we can afford to pay the taxes,” Kiloh said.

Kiloh said he tried calling the CDTFA to request that The Higher Path remain with quarterly payments, but the staffer he spoke to was unaware of the notices.

“I had to go through three different departments to finally get to an adjuster, and that adjuster still didn’t know what they were doing. So this is a problem. So even if you call, there’s still no clear path to an answer,” Kiloh said.

Kiloh said Thursday that he’s still awaiting clarification from the agency that he can share with UCBA members to put their minds at ease.

Business as usual?

CDTFA clarified to Green Market Report that there’s been no change in policy as far as marijuana tax collections from retailers and said notices were only sent to “affected taxpayers.”

“CDTFA’s general guidelines for changes to filing frequency can be found in our Compliance Policy and Procedures Manual,” the agency wrote in an emailed statement. “If taxpayers have questions about their accounts or a letter they received from us, they can contact our customer service center at 1-800-400-7115 or their local CDTFA office.”

Cannabis tax attorney Regina Unegovsky said she can’t say that’s an industry-wide issue, but she’s helped several clients through the process to maintain their quarterly payments.

“In the past, whenever any given business reaches certain reporting volume (i.e. sales) then they get switched from quarterly to monthly,” she said. “It used to mean a good thing – that the business has grown. These days, I get it – it’s so much tougher on compliance time.”

“Long story short, I have been able in the past to have the CDTFA back off on the change for a bit to give the taxpayer time to adjust or back off completely as well,” she wrote.

Kiloh said that he thinks it’s a trigger within the state tax code that led to the confusion. CDTFA has the option to such a switch payment schedules from quarterly to monthly if a business owes the state more than $20,000 a month, and he said The Higher Path and many other dispensaries typically pay far more than that to the state.

But Kiloh faulted the agency for not being clearer in its communication with marijuana companies that are struggling to survive. He said many of UCBA’s members were thankful when he reached out this past week to inform them the switch is apparently something they can opt out of.

“Of those almost 200 emails, 70 of them came back and went, ‘Oh my God, thank you, Jerred. I thought this was going to be like the death blow of us,’” Kiloh said. “So when you look at the amount of people who either didn’t read it, didn’t understand, it felt like this was going to happen.”



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Nebraska medical cannabis regulations stall in legislative committee

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A Nebraska legislative committee voted 5-3 against advancing a bill designed to implement and regulate the state’s medical cannabis program, leaving legislators and advocates searching for alternative paths forward, according to the Nebraska Examiner.

The General Affairs Committee rejected Legislative Bill 677, sponsored by State Sen. Ben Hansen of Blair, during a Thursday vote where committee members declined to offer amendments to the legislation, the publication reported.

“I don’t want to shut all the doors right now, but some doors are closing, and they’re closing fast, and so we have to act,” Hansen told reporters after the vote, according to the Examiner.

Nebraska voters approved medical cannabis in November 2024, with residents legally permitted to possess up to 5 ounces with a healthcare practitioner’s recommendation since mid-December. However, the regulatory commission created by the ballot initiative lacks effective power and funding to regulate the industry.

Hansen described his legislation as “a must” for 2025 to prevent a “Wild West” scenario in the state’s cannabis market. The bill would have expanded regulatory structure through the Nebraska Medical Cannabis Commission and extended deadlines for regulations and licensing to allow more time for implementation, the Examiner noted.

Committee disagreements centered on proposed restrictions. A committee amendment would have prohibited smoking cannabis and the sale of flower or bud products while limiting qualified healthcare practitioners to physicians, osteopathic physicians, physician assistants or nurse practitioners who had treated patients for at least six months.

The amendment also would have limited qualifying conditions to 15 specific ailments including cancer, epilepsy, HIV/AIDS, and chronic pain lasting longer than six months.

State Sen. Bob Andersen of Sarpy County opposed allowing vaping due to concerns about youth drug use, while committee chair Rick Holdcroft suggested selling cannabis flower would be “a gateway toward recreational marijuana,” a claim Hansen “heavily disputed,” according to the Examiner.

Hansen now faces a difficult path forward, requiring at least 25 votes to pull the bill from committee and then needing 33 senators to advance it across three rounds of debate, regardless of filibuster attempts.

Crista Eggers, executive director of Nebraskans for Medical Marijuana, remained optimistic despite the setback.

“This will not be the end,” Eggers said, according to the outlet. “Giving up has never been an option. Being silenced has never been an option. It’s not over. It’s not done.”

The legislative impasse is further complicated by ongoing litigation. Former state senator John Kuehn has filed two lawsuits challenging the voter-approved provisions, with one appeal pending before the Nebraska Supreme Court. The state’s Attorney General is also trying to do something about the hemp question, akin to other states across the country.



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One of Las Vegas’ cannabis lounges closes its doors

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Nevada’s cannabis lounge experiment faces some expected growing pains, with one of just two state-licensed venues closing its doors after barely a year in business, according to the Las Vegas Weekly.

“The regulatory framework, compliance costs and product limitations just don’t support a sustainable business model,” said Thrive Cannabis managing partner Mitch Britten, who plans to convert the space into an event venue until regulations loosen up.

The closure leaves Planet 13’s Dazed Consumption Lounge as the only operational state-regulated cannabis lounge in Nevada. Dazed manager Blake Anderson estimates the venue attracts around 250 customers daily, primarily tourists. One other establishment, Sky High Lounge, has operated since 2019 on sovereign Las Vegas Paiute Tribe land exempt from state regulations.

Even with Nevada regulators conditionally approving 21 more lounge licenses, potential owners are struggling to meet the $200,000 liquid assets requirement – particularly social equity applicants from communities hit hardest by prohibition.

Recreational marijuana has been legal statewide since 2017, but public consumption remains prohibited. That’s created an obvious disconnect for the millions of tourists who visit Las Vegas annually but have nowhere legal to use the products they purchase. The state recorded roughly $829 million in taxable sales during the 2024 fiscal year.

“It always comes down to money, and it’s difficult to get a space if you can’t afford to buy a building. On top of that, getting insurance and finding a landowner who’s willing to lease to a cannabis business is a challenge in and of itself,” said Christopher LaPorte, whose consulting firm Reset Las Vegas helped launch Smoke and Mirrors, told Las Vegas Weekly.

Many think the key to future success lies in legislative changes that would allow lounges to integrate with food service and entertainment – playing to Las Vegas’s strengths as a hospitality innovator. In the meantime, the industry will continue to adapt and push forward.

“Things take time,” LaPorte said. “There’s a culture that we have to continue to embrace and a lot of education that we still have to do. But at the end of the day, tourists need a place to smoke, and that’s what these places are.”



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Psyence Group consolidates its shares

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Psyence Group Inc. (CSE: PSYG) told investors that it will be consolidating all of its issued and outstanding share capital on the basis of every 15 existing common shares into one new common share effective April 23, 2025 with a record date of April 23, 2025. As a result of the consolidation, the issued and outstanding shares will be reduced to approximately 9,387,695 on the effective date.

This is the second time a Psyence company has consolidated shares recently. In November, its Nasdaq-listed associate, Psyence Biomedical Ltd. (Nasdaq: PBM), implemented a 1-for-75 share consolidation as the psychedelics company worked to maintain its Nasdaq listing.

Psyence Group reported earnings in February when the company delivered a net loss of C$3 million and was reporting as a going concern. At the end of 2024, the company said it had not yet achieved profitable operations, has accumulated losses of C$48,982,320 since its inception.

Total assets at the end of 2024 were C$11,944,478 and comprised predominantly of: cash and cash equivalents of C$10,611,113, other receivables of C$159,808, investment in PsyLabs of C$1,071,981 and prepaids of C$68,243.

Still, the company is pushing ahead. Psyence told investors that it has historically secured financing through share issuances and convertible debentures, and it continues to explore funding opportunities to support its operations and strategic initiatives. “Based on these actions and
management’s expectations regarding future funding and operational developments, the company believes it will have sufficient resources to meet its obligations as they become due for at least the next twelve months,” it said in its last financial filing.

The company said it believes that the consolidation will position it with greater flexibility for the development of its business and the growth of the company.

 



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