Code of Maine Rules › 18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES › 691 - OFFICE OF MARIJUANA POLICY › Chapter 3 - Emergency Rule Regarding the Imposition of Excise Taxes on Sales, Purchases and Transfers of Adult Use Marijuana › General › Section 691-3-2 - Imposition of Excise Tax on Sales, Purchases and Transfers of Adult Use Marijuana Flower, Trim and Mature Marijuana Plants

Current through 2024-29, July 17, 2024
Section
				  2.1 - Excise Tax Required
Pursuant to
					 28-B MRS
					 §501, a cultivation facility licensee
					 must register with, and ensure that all excise taxes required by Title 36, ch.
					 723 are paid to the State Tax Assessor. A cultivation facility licensee must
					 pay all required excise taxes on any sale or transfer of marijuana flower,
					 marijuana trim, marijuana plants, marijuana seedlings and marijuana seeds to
					 another licensee. In addition, a cultivation facility licensee purchasing
					 marijuana plants and/or marijuana seeds from a registered caregiver or
					 registered dispensary in accordance with
					 28-B MRS
					 §501(6) must pay to the
					 State Tax Assessor the excise taxes that would have been imposed on the sale of
					 marijuana plants and/or marijuana seeds if the marijuana plants and seeds had
					 been sold by a cultivation facility licensee to another
					 licensee.
Section 2.2 -
				  Calculation of Excise Tax on Marijuana Flower, Marijuana Trim and Mature
				  Marijuana Plants
2.2.1
Calculation of
				  Excise Tax on Wet Marijuana Flower and Wet Marijuana Trim.
A. A cultivation facility licensee that
				  transfers wet marijuana flower and/or wet marijuana trim must record the actual
				  weight of the wet marijuana flower and/or wet marijuana trim in the
				  Department's inventory tracking system.
B. When calculating the excise tax due on the
				  sale or transfer of wet marijuana flower or wet marijuana trim, the cultivation
				  facility licensee shall calculate the weight of wet marijuana flower or wet
				  marijuana trim by reducing the weight of the wet marijuana flower or wet
				  marijuana trim by 75% to account for water weight.
C. A cultivation facility licensee must
				  timely remit to the State Tax Assessor excise taxes on wet marijuana flower and
				  wet marijuana trim in accordance with Title 36, ch. 723. When calculating the
				  excise tax due on the sale or transfer of wet marijuana flower or wet marijuana
				  trim, "per pound or fraction thereof" means the weight of the wet marijuana
				  flower or wet marijuana trim after it has been adjusted to account for water
				  weight in accordance with Paragraph B above.
D. When calculating the excise tax due on the
				  sale or transfer of marijuana flower or marijuana trim that is not wet
				  marijuana flower or wet marijuana trim, "per pound or fraction thereof" means
				  the actual weight of the marijuana flower or marijuana trim at the time of
				  transfer to another licensee.
E.
				  Any marijuana flower and marijuana trim, whether wet or not, that is not
				  separated into marijuana flower and marijuana trim at the time of sale or
				  transfer shall be taxed entirely at the excise tax rate for marijuana flower,
				  with weight of combined wet marijuana flower and wet marijuana trim being
				  adjusted for water weight in accordance with this section.