CANNABIS EXCISE TAXES
Proposition 64, also known as the Adult Use of Marijuana Act, levies excise taxes on the
cultivation and retail sale of both recreational and medical cannabis as of
January 1, 2018. The cultivation tax is paid on all recreational and medicinal cultivation
of cannabis, and was increased, to adjust for inflation, to $10.08 per ounce of flower,
$3.00 per ounce of trim, and $1.41 per ounce of fresh cannabis plant on
January 1, 2022. In addition, there is a 15‑percent tax on the retail price of cannabis.
Cannabis excise taxes generated $770 million in 2020-21 and are projected to generate
$711 million in 2021-22 and $787 million in 2022-23. The year-over-year decline in 2021-22
reflects tax data for the first quarter of 2021-22 indicating that consumption in the
quarter fell from the levels seen during all of 2020-21.
CIGARETTE TAX
The California Healthcare, Research and Prevention Tobacco Tax Act of 2016
(Proposition 56), passed by the voters in November 2016, increased the excise tax rate
on cigarettes, tobacco products, and electronic cigarettes. The excise tax increased
by $2 from 87 cents to $2.87 per pack of 20 cigarettes on distributors selling cigarettes in
California, effective April 1, 2017. The equivalent excise tax on the distribution of other
tobacco products such as cigars, chewing tobacco, pipe tobacco, and snuff also
increased by $2 from a $1.37-equivalent to a $3.37-equivalent tax, effective
July 1, 2017. Lastly, Proposition 56 newly imposes the $3.37-equivalent tobacco products
tax on electronic cigarettes. The $1.37-equivalent portion of that tax was imposed
beginning April 1, 2017, while the additional $2-equivalent tax was imposed beginning
July 1, 2017. The ad valorem excise tax rate on other tobacco products is calculated
annually by the California Department of Tax and Fee Administration based on the
wholesale price of cigarettes and the excise tax on cigarettes.
Chapter 489, Statutes of 2021 (SB 395), will implement an additional 12.5-percent retail
tax on the sale of electronic cigarettes and nicotine liquid, beginning July 1, 2022.
Revenues will be distributed to the Health Education Account of the Cigarette and
Tobacco Products Surtax Fund, the Proposition 56 Physicians and Dentist Loan
Repayment Program, the California Children and Families First Trust Fund, and other
health care programs. Total revenues are estimated to be $29 million in 2022-23.
Chapter 34, Statutes of 2020 (SB 793), would have banned all flavored tobacco
products, including mentholated cigarettes and flavored e-cigarette liquids, beginning
January 1, 2021. However, a referendum was submitted to the California Attorney
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REVENUE ESTIMATES
GOVERNOR'S BUDGET SUMMARY — 2022-23
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