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New York governor proposes eliminating marijuana product potency taxes

New York’s governor is proposing the elimination of the state’s potency tax on marijuana products, a potential win for the industry.

Under the state’s 2021 legalization law – the Marihuana Regulation and Taxation Act (MRTA) – distributors must pay half a cent per milligram of total THC for flower, eight-tenths of 1 cent per milligram for concentrates and 3 cents per milligram for edibles.

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That’s in addition to the 9% sales tax and municipal taxes of 4% for retail sales.

Gov. Kathy Hochul proposed in her recently released executive budget the replacement of the potency taxes with a wholesale tax of 9%.

The change will simplify the tax structure and save operators money, industry experts told MJBizDaily.

“Generally, taxes are one of the

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