Attorney General John Suthers said in a legal opinion released late today that the sale of medical marijuana is subject to taxation.
Responding to a query from Gov. Bill Ritter’s office, Suthers, a Republican, said, “Medical marijuana is tangible property that is generally subject to state sales tax.”
The opinion also said medical marijuana dispensaries must obtain retail sales licenses from the state.
Medical marijuana advocates applauded the opinion as a step in the right direction, saying the industry had been working on proposals to enact some sort of tax.
“I think the community is willing to pay taxes if it will help prove the legitimacy of their efforts,” said Courtney Tanning, executive director of the Colorado Wellness Association, which represents medical marijuana dispensaries and the patients and doctors that deal with them.
“It (medical marijuana) has been an underground, black market community for so long that I think they’re really willing to come out and pay dues to be taken seriously.”
And at least one lawmaker sees the tax ruling as a boon for state coffers.
“I’m pleased we now can get some tax revenue from the sale of a constitutionally authorized medical product,” said Sen. Chris Romer, D-Denver, who has been pushing legislation to further regulate medical marijuana in Colorado.
Denver City Attorney David Fine said the city will notify dispensaries that it plans to collect municipal sales tax on medical marijuana beginning in December.
