Michigan Laws 333.27963 – Imposition of excise tax; administration by department of treasury; exemptions
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Terms Used In Michigan Laws 333.27963
- Department: means the cannabis regulatory agency. See Michigan Laws 333.27953
- Marihuana: means any of the following:
(i) A plant of the genus Cannabis, whether growing or not. See Michigan Laws 333.27953Marihuana establishment: means a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, or any other type of marihuana-related business licensed by the cannabis regulatory agency. See Michigan Laws 333.27953 Person: means an individual, corporation, limited liability company, partnership of any type, trust, or other legal entity. See Michigan Laws 333.27953 Tribal marihuana business: means a business that meets all of the following conditions:
(i) The business engages in the type of activities licensed under this act. See Michigan Laws 333.27953
(1) Except as otherwise provided in subsection (4), in addition to all other taxes, an excise tax is imposed on each marihuana establishment and on each person who sells marihuana at the rate of 10% of the sales price for marihuana sold or otherwise transferred to a person other than a marihuana establishment or tribal marihuana business.
(2) Except as otherwise provided by a rule promulgated by the department of treasury, a product subject to the tax imposed under this section may not be bundled in a single transaction with a product or service that is not subject to the tax imposed by this section.
(3) The department of treasury shall administer the taxes imposed under this act pursuant to 1941 PA 122, MCL 205.1 to 205.31. The department of treasury may promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to MCL 24.328, that prescribe a method and manner for payment and collection of the taxes imposed under this act.
(4) The tax imposed under subsection (1) does not apply to any of the following:
(a) Marihuana sold or otherwise transferred from a tribal marihuana business.
(b) Marihuana sold or otherwise transferred under the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430.
(c) Marihuana sold or otherwise transferred under the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801.