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States struggle to balance revenue, risks around cannabis taxation

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As more states usher in recreational marijuana, they face a thorny challenge: how to tax it effectively.

That’s especially true when it comes to prepping for eventual federal legalization, according to a new report from Tax Foundation.

The study shows that 23 states now have taxes on recreational marijuana, with methods ranging from weight-based levies to percentage taxes on retail sales. Some states have adopted more novel approaches, like Connecticut’s tax based on THC content.

However, striking the right balance is proving difficult. Set taxes too high, and states risk pushing consumers back to the illicit market. Too low, and they miss out on potential revenue.

“Recreational marijuana taxation is one of the hottest policy issues in the U.S.,” said Adam Hoffer, co-author of the report. “Many states have elected to regulate and tax legal marijuana sales, despite the ongoing federal prohibition.”

Connecticut, for instance, chooses to tax marijuana products based on their potency, charging $0.00625 per milligram of THC in plant material and $0.0275 per milligram in edibles. But the tech behind measuring THC is expensive to administer, which cuts into the revenue.

In contrast, Arizona opts for simplicity with a flat 16% tax on retail sales, but that approach fails to consider variable product potency or changing market prices.

“The wide variety of marijuana products and potencies renders taxation complicated,” the report noted.

Arizona also preemptively addressed the possibility of a federal excise tax by capping the combined federal and state tax rates.

“If a federal excise tax is imposed, AZ caps combined rates to 30% and automatically reduces the state rate to combine to 30%,” according to the report.

Market evolution

The ongoing federal prohibition adds another layer of complexity. With interstate commerce banned, each state operates in isolation, creating what the report calls “a siloed market within each legalized state.”

“Significant differences in tax designs may create negative effects and opportunities for tax avoidance,” it said.

The authors suggest that states should find a way to create tax systems that complement each other before detangling it becomes too onerous.

“States should prepare to harmonize their tax designs once interstate marijuana business is allowed – and would be better advised to coalesce around best practices now, before systems become more difficult to reform,” the report advises.

Some states are already trying to adapt to new dynamics. California recently switched from a wholesale tax to one based on retail receipts, while New York abandoned its THC-based tax for a simpler wholesale model.

The Tax Foundation recommends taxing marijuana based on potency where possible, arguing the approach “most effectively targets the actual harm-causing element.” It suggests taxing by weight only when “THC content is too difficult to measure.”

At the same time, the government-sponsored study recommended that the Centers for Disease Control and Prevention develop best practices for protecting public health in states with legal cannabis, including guidance on taxation measures.

Recent data from the U.S. Census Bureau shows how these various tax structures perform in practice. East Coast markets generally saw tax receipts increase in the second quarter of 2024, with New York topping the list with a 40% increase from the first quarter, collecting $28 million in tax revenue. Massachusetts saw a 21% rise, collecting $50 million, while Connecticut reported a 10.9% uptick, with $4.7 million in tax revenue.

However, some Midwest and West Coast states saw declines. Missouri’s tax collection dropped by 10%, though still delivering $18 million. California, while remaining the biggest contributor with over $155 million, saw a 1.1% downtick.

With public support for legalization eclipsing 70%, according to a 2023 Gallup poll cited in the report, more states are likely to enter the fray. Indeed, five states have legalization measures on their November ballots this year.

A separate report from the National Academies of Sciences, Engineering, and Medicine called for urgent federal action on U.S. cannabis policy, warning that state-level legalization efforts often prioritize commercial interests over public health.



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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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