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Are We Paying Too Much Tax on Weed?

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by Vince Sliwoski

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Dear Pot Lawyer,

I pay a lot of tax for this weed I’ve been buying! Are we doing this right?

I think we are, but it’s complicated, and smarter people than me have strong opinions on how it ought to work. These opinions differ on big-picture questions, like who should pay the tax (you, or someone on the supply side), whether we should tax medical marijuana, what the IRS should be doing, and what we hope to accomplish with a pot tax in the first place. But first, let’s talk about your situation.

Oregon has decided that you and your friends should pay the pot tax, rather than someone further up the supply chain. Today, you pay a 20 percent impost on flower, edibles, concentrates, and everything else. The first 17 percent goes to the state, and a 3 percent kicker goes to the local jurisdiction. That kicker could jump to 8 percent soon, if House Bill 2204 becomes law. Many people feel that a 25 percent sales tax is outrageous; let me give you three reasons why it could happen.


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