June 14, 2023


Annual Report on Tax Exemptions for Medicinal Cannabis


Statutory Data Reporting Requirement. Chapter 837 of 2019 (SB 34, Wiener) established new tax exemptions for donations of medicinal cannabis. The law directs our office to submit an annual report containing data on three outcomes related to the exemptions: the number of medicinal cannabis patients served, the amount of medicinal cannabis products donated, and the amount of tax revenue lost. This report fulfills that statutory requirement for 2022.

Data Source. Our office obtained the data described below from the Department of Cannabis Control and the California Department of Tax and Fee Administration (CDTFA). The data come from the state’s Metrc “track and trace” system for licensed cannabis. In particular, the data reflect transactions that businesses identified as medicinal donations in calendar year 2022.

Number of Patients Served. In 2022, licensees identified 47,371 transactions as medicinal donations. The data do not tell us who received each donation. Some patients likely received more than one donation in 2022, so this total likely overstates the number of distinct patients. For example, if a patient received six donations in 2022, then the transaction total includes that person six times.

Amounts of Products Donated. As shown in Figure 1, licensees donated a wide variety of products in 2022.

Figure 1

Amounts of Products Donated Under
SB 34 Exemption in 2022

Product

Total Packagesa

Capsule

5,298

Clone—Cutting

402

Edible

122,748

Extract

20,387

Flower (other)

8,162

Flower (eighth)

106,241

Flower (gram)

1,933

Flower (half ounce)

12,206

Flower (ounce)

3,671

Flower (quarter)

5,733

Immature Plant

503

Infused Butter/Oil

29

Other Concentrate

23,502

Pre‑Roll Flower

33,221

Pre‑Roll Infused

31,080

Pre‑Roll Leaf

3,570

Seeds

4

Shake (Eighth)

720

Shake (Gram)

276

Shake (Half Ounce)

493

Shake (Ounce)

22

Shake (Quarter)

264

Tincture

11,622

Topical

8,000

Vape Cartridge

21,776

aDonations included an additional three ounces of flower distributed among an unspecified number of packages.

Cultivation Tax Revenue Lost. CDTFA estimates that the 2022 revenue loss from the SB 34 cultivation tax exemption was roughly $142,000. The cultivation tax ended on July 1, 2022. When it was in effect, its revenue went to the Cannabis Tax Fund created by Proposition 64 (2016).

Use Tax Revenue Lost. CDTFA estimates that the 2022 revenue loss from the SB 34 use tax exemption was roughly $267,000. Revenue from the use tax goes to the state’s General Fund and to local programs.