(b) As used in this section, where not otherwise specifically defined
and unless a different meaning is clearly required "gross receipt" means
the amount received in or by reason of any sale, conditional or
otherwise, of medical cannabis or in or by reason of the furnishing of
medical cannabis from the sale of medical cannabis provided by a
registered organization to a certified patient or designated caregiver.
Gross receipt is expressed in money, whether paid in cash, credit or
property of any kind or nature, and shall be determined without any
deduction therefrom on account of the cost of the service sold or the
cost of materials, labor or services used or other costs, interest or
discount paid, or any other expenses whatsoever. "Amount received" for
the purpose of the definition of gross receipt, as the term gross
receipt is used throughout this article, means the amount charged for
the provision of medical cannabis.
2. There is hereby imposed an excise tax on the gross receipts from
the sale of medical cannabis by a registered organization to a certified
patient or designated caregiver, to be paid by the registered
organization, at the rate of seven percent. The tax imposed by this
article shall be charged against and be paid by the registered
organization 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 given to the retail customer.
3. The commissioner may make, adopt and amend rules, regulations,
procedures and forms necessary for the proper administration of this
article.
4. Every registered organization that makes sales of medical cannabis
subject to the tax imposed by this article shall, on or before the
twentieth date of each month, file with the commissioner a return on
forms to be prescribed by the commissioner, showing its receipts from
the retail sale of medical cannabis during the preceding calendar month
and the amount of tax due thereon. Such returns shall contain such
further information as the commissioner may require. Every registered
organization required to file a return under this section shall, at the
time of filing such return, pay to the commissioner the total amount of
tax due on its retail sales of medical cannabis for the period covered
by such return. If a return is not filed when due, the tax shall be due
on the day on which the return is required to be filed.
5. Whenever the commissioner shall determine that any moneys received
under the provisions of this article were paid in error, he may cause
the same to be refunded, with interest, in accordance with such rules
and regulations as he may prescribe, except that no interest shall be
allowed or paid if the amount thereof would be less than one dollar.
Such interest shall be at the overpayment rate set by the commissioner
pursuant to subdivision twenty-sixth of section one hundred seventy-one
of this chapter, or if no rate is set, at the rate of six percent per
annum, from the date when the tax, penalty or interest to be refunded
was paid to a date preceding the date of the refund check by not more
than thirty days. Provided, however, that for the purposes of this
subdivision, any tax paid before the last day prescribed for its payment
shall be deemed to have been paid on such last day. Such moneys received
under the provisions of this article which the commissioner shall
determine were paid in error, may be refunded out of funds in the
custody of the comptroller to the credit of such taxes provided an
application therefor is filed with the commissioner within two years
from the time the erroneous payment was made.
6. The provisions of article twenty-seven of this chapter shall apply
to the tax imposed by this article in the same manner and with the same
force and effect as if the language of such article had been
incorporated in full into this section and had expressly referred to the
tax imposed by this article, except to the extent that any provision of
such article is either inconsistent with a provision of this article or
is not relevant to this article.
7. All taxes, interest and penalties collected or received by the
commissioner under this article shall be deposited and disposed of
pursuant to the provisions of section one hundred seventy-one-a of this
chapter, provided that an amount equal to one hundred percent collected
under this article less any amount determined by the commissioner to be
reserved by the comptroller for refunds or reimbursements shall be paid
by the comptroller to the credit of the medical cannabis trust fund
established by section eighty-nine-h of the state finance law.
8. A registered organization that dispenses medical cannabis shall
provide to the department information on where the medical cannabis was
dispensed and where the medical cannabis was manufactured. A registered
organization that obtains cannabis from another registered organization
shall obtain from such registered organization information on where the
medical cannabis was manufactured.
* NB Repealed July 5, 2028