Cara Brown McCormick
SACRAMENTO, CALIF. - In a stunning show of bipartisan agreement, the California Assembly voted 74-0 on June 2 to approve legislation that would pause a significant tax increase on the state’s legal cannabis industry.
The state’s 15% cannabis excise tax is slated to increase July 1. Under a 2022 law that eliminated California’s cultivation tax, the excise tax is now adjustable to generate revenue equivalent to what the cultivation tax would have produced. Depending on state calculations, the rate could rise to 19%. This tax is collected at the retail level, and stores are responsible for paying it to the state whether or not they collect it from consumers.
To prevent the hike, Assemblymember Matt Haney (D-San Francisco) introduced AB 564, which would freeze the excise tax at 15% and eliminate the state’s authority to adjust it.
The vote comes as licensed cannabis operators face mounting financial pressure. Advocates warn that without intervention, legal businesses could be pushed out of the market entirely, leaving illegal operations to flourish. “If we continue to pile on more taxes and fees onto our struggling small cannabis businesses, California’s cannabis culture is under serious threat of extinction,” Haney said.
State officials and industry analysts alike note that when legal prices rise too high, the illicit and unlicensed market becomes more attractive, thereby undermining both public health protections and tax revenue. “The black market is very pervasive and it's definitely larger than the legal market,” said Bill Jones, head of enforcement for the California Department of Cannabis Control.
Industry leaders say the proposed tax hike could be “devastating.”
“Nearly a decade after Californians overwhelmingly approved cannabis legalization, the industry is struggling under the crushing weight of a 15% excise tax,” said Caren Woodson, president of the California Cannabis Industry Association. “Any increase, particularly a 25% increase, would not only be bad public policy, but devastating to operators already on the brink.”
Governor Gavin Newsom’s proposed 2024–25 budget does not include cannabis tax relief. The state is currently managing a projected shortfall of $12 billion, according to CalMatters.
IVN reported in April that cannabis retailers are also preparing for higher operating costs due to new federal tariffs on imported supplies. Products like vape hardware, compost, cultivation tools, and packaging—frequently sourced from Chinese manufacturers—are now subject to steeper tariffs.
Bryan Gerber, CEO of Hara Supply, said businesses relying on imports may have to find new suppliers or pass costs to consumers. MJBizDaily reports that some brands are preparing to raise prices to offset the tariffs, a move that may further limit the competitiveness of the legal market. The outlet noted that the “flourishing illicit market” is “likely to be emboldened by the tariff hikes.”
Local governments in California also impose taxes on cannabis. The San Diego City Council voted to increase the tax rate for cannabis businesses from 8% to 10% as the city faces a budget deficit. The $4 million tax increase went into effect on May 1.
Adding to the pressure on the legal operators is AB 762, a bill from Assemblymember Jacqui Irwin that would ban all disposable vapes, including cannabis products, defined as any device that isn’t both rechargeable and refillable. Because current law prohibits refillable cannabis vapes, the bill would effectively ban the entire category.
In April, the bill passed the California Assembly Environmental Safety and Toxic Materials Committee 4-1-2 and moved to the Assembly Business and Professions Committee.