AP exclusive

[hiamps]

Got a new responce, maybe we will get some info....

"I'm sorry to hear that the link did not work for you.

I will try to find answers to your questions.
Julie"

[WashougalWonder]

Kind of what I figured....time to ask our elected officials.

[killerweed420]

If I had a dispensary I would agree to taxes if the state would agree to represent them if some government agency comes and tries to close them down. If you pay the taxes then the state must agree that you are operating legally inside the state. Otherwise the state is involved in racketeering which I believe is illegal every where.

[hiamps]

Well she sent me a link to the dept of revenue so now I wrote them a letter...

"I was under the impression that marijuana dispensories are not legal, did that change? On the DOH FAQ page it says...
Are dispensaries legal?
Medical Marijuana Frequently Asked Questions - Washington State Dept of Health
No. The law does not allow dispensaries. The law only allows qualifying patients and designated providers to possess medical marijuana.
I would like to open a dispensory and want to know if I get all the correct licenses and do everything on a donation basis but pay B&O and charge and pay the sales tax am I protected from local Law Enforement?"


See if I get a responce.

[hiamps]

Here is what they say on the Dept of Revenue site...

"Are sales of "Medical Marijuana" subject to sales tax?
In the state of Washington, sales of medical marijuana are retail sales. As such, the selling price is subject to retail sales tax. In addition, the seller is subject to the business and occupation (B&O) tax under the retailing classification. This is true even if it is sold by a medical marijuana dispensary.

Sales of medical marijuana are not eligible for the retail sales tax exemption provided for prescription drugs. RCW 82.08.0281 provides an exemption from retail sales tax for certain drugs, but only when prescribed as authorized by the laws of this state. However, marijuana is a Schedule I controlled substance and cannot be prescribed under either federal or state law in Washington.

Chapter 69.51A RCW addresses medical marijuana, but does not authorize the prescription of medical marijuana. This chapter specifically avoids authorization of a prescription by referring to â??valid documentationâ?�, which does not equate with a prescription as defined in RCW 82.08.0281(4)(a), or as provided in RCW 69.50.308 (Prescriptions). Chapter 69.51A provides that it is only intended to protect qualifying patients, designated providers, and physicians from liability, prosecution, or criminal guilt when marijuana is possessed, used, provided or authorized."

[hiamps]

I like the line "This is true even if it is sold by a medical marijuana dispensary." Does this mean street sellers are also supposed to pay B&O and charge tax? LOL

[gypski]

I like the line "This is true even if it is sold by a medical marijuana dispensary." Does this mean street sellers are also supposed to pay B&O and charge tax? LOL

Well, its extortion if it isn't legal to sell mmj, but its ok for the state to force you to pay a tax or LEO will make a call. That's how they got Al Capone. :wtf:

[WashougalWonder]

I would love to see this get fought out in court.

[killerweed420]

It just forces businesses to cook the books, which most small businesses do any way. You have to be creative in how things are charged against the business. Most small businesses use a backup sales receipt system to help cook the books. You can't file income taxes any way because its illegal and you certainly wouldn't be able to declare the cost of purchasing product.
Would be nice if the government just grew up and tried to operate like adults.

[hiamps]

So if you run a dispensary like a business and pay your state taxes, wouldn't you then HAVE to file a return? If you file a return then the Feds would step in...Seems the State is wanting to get the Feds involved. But how will that help the State make money?