Skip to Content
Weed

California Cannabis Operators Are Protesting Yet Another Tax on Legal Weed Starting In 2022

California’s cannabis retailers are ready to revolt.

Already taxed to the tune of $166 million in annual state cultivation taxes, news of a 4.5% tax increase coming at the start of 2022 is pushing a group of ganja farmers and weed merchants to consider how they can best protest what they feel amounts to taxation without representation.

With an oftentimes dangerous, widely valued job to do, legal operators within the industry are speaking out about the disadvantages they share by being legally licensed when everyone from illegal grow operators and cannabis cartels to your friendly neighborhood dope peddler doesn’t have to pay a dime in taxes of regulatory fees. One reason the black market for cannabis is estimated to still be twice the size of the legal market.

As it stands, these taxes are extremely high compared with other industries. And don’t come with the same safeguards that many other enterprises share when it comes to unfair competition and guaranteed safety.

“That’s really how it feels right now in cannabis,” Jerred Kiloh, the owner of L.A. dispensary Higher Path and president of United Cannabis Business Association, tells Mercury News. “Everyone is taking the money and no one is doing anything to protect our industry.”

The tax situation, despite California’s potential $31 billion surplus, is causing many in the industry to quit, go back to illegal growing or dealing, and consider how to make their voices heard. In fact, those who are intent on remaining in the regulated game are considering making a dramatic statement by withholding their tax payments.

Currently, payments involve a web of levies, including a 15% excise tax and an 8-10% state sales tax, as well as various city and county taxes. All of these duties, as well as a tax-by-weight on cultivators, help drive up retail prices. Which you as a consumer feel every time you go to the dispensary and wait 10 minutes watching some senior citizen in front of you asks lengthy questions about any and all available CBD products.

The sky-high taxes mean that these dispensaries are having a rough time turning a profit, part of the reason demand is falling fast for licenses to sell cannabis, dropping by about 6,000 in the last few years.

At the same time, regulated businesses don’t feel their interests are being protected from illegal competition. Currently, a promise in Prop. 64 that money raised through cannabis taxes will go to fight drug abuse, bolster programs for at-risk youth, environmental restoration, cannabis studies, efforts to stop stoned driving, and other stuff, means a perceived short shrift for enforcement.

A Department of Cannabis Control meant to target illegal marijuana sales is seen as somewhat feckless given the state’s lax penalties for cannabis crimes. Meaning offenders are often able to shrug off the consequences and start anew under a new name or operation.

All of this has industry vets like Kiloh feeling like there’s no one in our state's legislature to support cannabis businesses. And despite encouraging support for a revision of cannabis taxes, even by the governor himself, changing the fees would require Californians to vote on them for any big changes to occur.

The new taxes, set to take effect on Jan. 1, are said to be inflation-based and non-negotiable through June. Right now, sensimilla farmers are being hit by a double whammy of rising taxes and an oversupply of herb, which is already causing the prices for this holy sacrament to plunge.

This brings us to the suggested tax revolt. Figures like Kiloh have discussed forming a California Weed Party to demand better representation, once suggesting that operators put their estimated tax payments in escrow rather than hand them over to the State. However, he pulled back over his attorney's warnings that the move could find their licenses stripped. Or worse.

In an op-ed on Medium, Flow Cannabis and Flow Kana owners Michael Steinmetz and Flavia Cassini recently renewed support for this action, recommending to their company’s board that it withhold cultivation taxes after July 1, 2022, “until we see real, actionable change,” and inviting their industry peers to join them.

With desperation rocking a promising economic powerhouse for the state and a complicated and expensive morass of fees limiting vendors’ profitability, it appears something will have to give soon for legal cannabis to reach its potential and benefit those who grow, move, serve, and consume it.

In the meantime, we await further updates before completely severing any current party affiliations to join the California Weed Party. As eager as we are to see that on our voter registrations.

Stay in touch

Sign up for our free newsletter

More from L.A. TACO

L.A.’s Latest Great Sonoran Taco (and Hot Dog) Contender is a Taco Stand in Boyle Heights

The menu includes crispy lorenzas, papas locas loaded with asada, and bacon-wrapped "momias." This taquero keeps his homemade flour tortilla purveyor a secret, too.

November 21, 2024

In Absurd Twist, City of L.A. Serves Itself a ‘Notice of Violation’ After Installing Anti-Homeless Fence On Sidewalk

The city now finds itself in an embarrassing situation where one city department is using taxpayer dollars to erect a fence that limits people’s access to public space, while another city department uses up even more city resources to have that same fence taken down.

November 21, 2024

The 23 Best Tamales In Los Angeles

Banana leaf ones, savory pudding-like ones, sweet ones...Los Angeles really is the best city in the U.S. for tamal season. Here are our best ones from all corners of the County.

November 20, 2024

L.A. TACO’s 2024 Holiday Gift Guide

From a lowrider rug to "bong candles" to a handmade goth Huichol-inspired bead necklace to a cazo for carnitas to decolonized coffee, here is our gift guide that focuses on local small businesses and unique things around. L.A.

November 19, 2024

L.A.’s First ‘Paw-nadería’ For Dogs Just Opened Its Doors In Downey, With Pet-Friendly Pan Dulce

After a year of doing pop-ups, Adriana Montoya has opened L.A.'s panadería in southeast Los Angeles, including a menu of all the pan dulce classics, doggie guayaberas, and even 'Paw-cifico' cold ones to crack open with your loyal canine familia.

November 18, 2024
See all posts