AP exclusive

[WashougalWonder]

There was a small response today from one of them, not a canned response either. He was not aware of it and I pointed him to the article. Dead silence has followed. You can hear a pin drop.
:thumbsup:

[WashougalWonder]

The response was thus:

Here is some information that my staff found:

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.



With regards to dispensaries, I have been told that they are legal for the purpose of dispensing medical marijuana which then would make then eligible to be taxed.



Does that help answer your questions/address your concerns?

I have asked for further information regarding that dispensaries are in fact legal, which I have been adamant about saying they are not.......If that is the case maybe some of us folks in Clark, Skamania, and other close to Vancouver counties should get together and start a non-profit co-op in Clark County. As far as I know, there is not one here.

[gypski]

The response was thus:

I have asked for further information regarding that dispensaries are in fact legal, which I have been adamant about saying they are not.......If that is the case maybe some of us folks in Clark, Skamania, and other close to Vancouver counties should get together and start a non-profit co-op in Clark County. As far as I know, there is not one here.

Fifty bucks and articles of incorporation for a 501 (c) non-profit. do it all online at the sec of state site. imp:

[WashougalWonder]

Thanks, but, there are many other things involved besides just the incorporation, I would want a lawyer's advice/chat. The you have to find a place that is accepted by the appropriate city, and county. Along with all this, then you set yourself out for federal taxes and if you pay them.....well anyhow it is very spooky to this old man and I want real lawyer advice before I get involved in something of that nature. BUT I could work there....wow, a job I can do......Maybe take a chance and not throw out extras and donate for a donation?

[gypski]

Thanks, but, there are many other things involved besides just the incorporation, I would want a lawyer's advice/chat. The you have to find a place that is accepted by the appropriate city, and county. Along with all this, then you set yourself out for federal taxes and if you pay them.....well anyhow it is very spooky to this old man and I want real lawyer advice before I get involved in something of that nature. BUT I could work there....wow, a job I can do......Maybe take a chance and not throw out extras and donate for a donation?

Finding a friendly area without a bunch of assholes causing misguided or false hysteria is definitely needed along with a friendly, law understanding LEO. But, right now, until things are fleshed to be true and legal.................

If the state could clearly define the parameters without a bunch of needless, useless regulations things could run pretty smoothly. and nobody would need a lawyer. :thumbsup:

[WashougalWonder]

I am going to send him the link to the FAQ and have him answer that. LOL this is getting fun.

[NaturalGreen]

I am all for putting a tax on it and im sure the dispensaries would love some clarification. But how I take it dispensaries are not subject to sales tax because they are not selling anything. They are accepting donations for their services. They are subject to B&O tax which is a percentage of your gross income.

[killerweed420]

I wonder how many dispensaries let you have the product without paying a "donation"

[gypski]

I wonder how many dispensaries let you have the product without paying a "donation"

I know of one that gave a helping-hand for no charge. But, there were those who abused that and got cut off. It was the Wormhole, and I haven't been in a couple of years, but I know you got straight, honest medicine in a few different grades from them along with edibles. Good people in my book, but they might be closed to membership now.

[justpics]

I wonder how many dispensaries let you have the product without paying a "donation"

so I think the model that dispensaries are kind of copying with the whole "donation" thing is like when you donate a set level to public radio, or public television you get "gift" which is set at that donation level.

The main difference being that those "gifts" are not the main product of the non profit to which you are donating. So dispensaries are in the business of only doing that donation/gift model, where as NPR just does it as a tangential operation related to their main purpose.