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2017 West Virginia Code
CHAPTER 16A. MEDICAL CANNABIS ACT.
ARTICLE 9. TAX ON MEDICAL CANNABIS.
§16A-9-1.  Tax on medical cannabis.

Universal Citation:
WV Code § 16A-9-1 (2017)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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(a) Tax imposed. — A tax is imposed on the gross receipts of a grower/processor received from the sale of medical cannabis by a grower/processor to a dispensary, to be paid by the grower/processor, at the rate of ten percent. The tax shall be charged against and be paid by the grower/processor and shall not be added as a separate charge or line item on any sales slip, invoice, receipt or other statement or memorandum of the price paid by a dispensary, patient or caregiver.

(b) Payment of tax and reports. — A grower/processor shall make quarterly payments under this section for each calendar quarter at the rate prescribed in subsection (a) on the gross receipts for the calendar quarter. The tax shall be due and payable on the 20th day of January, April, July and October for the preceding calendar quarter on a form prescribed by the Department of Revenue.

(c) Deposit of proceeds. — All money received from the tax imposed under subsection (a) shall be deposited into the fund.

(d) Exemption. — Medical cannabis shall not be subject to a sales tax.

(e) Information. — A grower/processor that sells medical cannabis shall provide to the Department of Revenue information required by the bureau.

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