Marijuana lollipops? Department of Revenue says they’re taxable

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A state panel on Monday continued to gather information as it crunches the numbers on a proposed constitutional amendment allowing the medical use of marijuana.

For example, the state’s Department of Revenue told members of the Financial Impact Estimating Conference that it still hasn’t decided whether to classify medical cannabis as “agricultural production” because it is a controlled substance under federal law.

But it was certain that, if patients used “medicated lollipops” with marijuana, those can be taxed as a “candy” item.

More uncertainties arise, however, if marijuana will be ingested in certain otherwise nontaxable foods.

Another proposed constitutional amendment is in the works that addresses medical marijuana, and supporters are trying to get it on the 2016 ballot.

The conference’s eventual financial report is a part of that process. A similar initiative failed at ballot boxes last year.

In 2014, the state also legalized low-THC, or “non-euphoric,” marijuana to help children with severe seizures and muscle spasms. Charlotte’s Web, a particular strain of non-euphoric marijuana, is usually ingested as an infused oil.

The Department of Health is now setting up a system to make sure sick children can get the drug. That includes approving five nurseries in the state to grow the plant.

And last week, two Republican state lawmakers announced they were filing legislation to allow stronger varieties of pot as medical marijuana in Florida.

State Rep. Matt Gaetz of Fort Walton Beach and state Sen. Rob Bradley of Fleming Island filed HB 307 and SB 360 in their respective chambers.

Twenty-three states and the District of Columbia allow medical marijuana under state law, according to the National Conference of State Legislatures, but selling marijuana is still a federal crime.

Monday was the last scheduled workshop; a formal conference now is set for next Monday.

Jim Rosica

Jim Rosica is the Tallahassee-based Senior Editor for Florida Politics. He previously was the Tampa Tribune’s statehouse reporter. Before that, he covered three legislative sessions in Florida for The Associated Press. Jim graduated from law school in 2009 after spending nearly a decade covering courts for the Tallahassee Democrat, including reporting on the 2000 presidential recount. He can be reached at [email protected].



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