HOUSE DOCKET, NO. 1942        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3597

The Commonwealth of Massachusetts

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PRESENTED BY:

Shawn Dooley

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to allowing a local sales tax on medical marijuana.

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PETITION OF:

HOUSE DOCKET, NO. 1942        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3597

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to allowing a local sales tax on medical marijuana.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 64N of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following section:-

Section 6. (a) Notwithstanding section 6 of chapter 64H or any other general or special law to the contrary, a city or town that accepts this section in the manner provided in section 4 of chapter 4 may impose a local sales tax upon sale or transfer of medical marijuana or medical marijuana products sold or transferred pursuant to chapter 369 of the acts of 2012 by a medical marijuana treatment center or marijuana retailer operating within the city or town to anyone other than a marijuana establishment at a rate not greater than 6.25 per cent of the total sales price received by the medical marijuana treatment center or marijuana retailer as a consideration for the sale of medical marijuana or medical marijuana products. The medical marijuana treatment center or marijuana retailer shall pay the local sales tax imposed under this section to the commissioner at the same time and in the same manner as the sales tax due to the commonwealth.

(b) All sums received by the commissioner under this section shall, at least quarterly, be distributed, credited and paid by the treasurer and receiver-general upon certification of the commissioner to each city or town that has accepted this section in proportion to the amount of the sums received in that city or town. Any city or town seeking to dispute the commissioner's calculation of its distribution under this subsection shall notify the commissioner, in writing, not later than 1 year from the date the tax was distributed by the commissioner to the city or town.