SENATE BILL

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Katy M. Duhigg

 

 

 

 

 

AN ACT

RELATING TO TAXATION; REMOVING INCREMENTAL INCREASES TO THE CANNABIS EXCISE TAX.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 7-42-3 NMSA 1978 (being Laws 2021 (1st S.S.), Chapter 4, Section 45) is amended to read:

     "7-42-3. CANNABIS EXCISE TAX.--

          A. An excise tax is imposed on a cannabis retailer that sells cannabis products in this state. The tax imposed by this section may be referred to as the "cannabis excise tax".

          B. The rate of the cannabis excise tax shall be [at the following rates] twelve percent and shall be applied to the price paid for a cannabis product

                [(1) prior to July 1, 2025, twelve percent;

                (2) beginning July 1, 2025 and prior to July 1, 2026, thirteen percent;

                (3) beginning July 1, 2026 and prior to July 1, 2027, fourteen percent;

                (4) beginning July 1, 2027 and prior to July 1, 2028, fifteen percent;

                (5) beginning July 1, 2028 and prior to July 1, 2029, sixteen percent;

                (6) beginning July 1, 2029 and prior to July 1, 2030, seventeen percent; and

                (7) beginning July 1, 2030, eighteen percent].

          C. The cannabis excise tax shall not apply to retail sales of medical cannabis products sold to a qualified patient or a primary caregiver who presents a registry identification card issued pursuant to the Lynn and Erin Compassionate Use Act or a reciprocal participant who presents similar proof from another state, the District of Columbia or a territory or commonwealth of the United States at the time of the sale."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2024.

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