Colorado attorney general: Medical marijuana subject to state, local taxes
November 16, 2009
DENVER (AP) – Colorado Attorney General John Suthers has issued a formal opinion saying medical marijuana is subject to state and local taxes.
The opinion issued Monday says only seeds would be exempt from sales tax in Colorado. Otherwise, it would be up to vendors to collect and remit sales tax on other forms.
Suthers says medical marijuana is considered personal property that can be taxed. He says it doesn’t qualify as a prescription drug that would be tax exempt, and it doesn’t generally qualify for agricultural tax exemptions. Retailers must have a state retail sales license.
An amendment approved by Colorado voters in 2000 allows marijuana use for “debilitating medical conditions,” but marijuana remains illegal under federal law.