PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Provide Tax Fairness and To Lower Medical Expenses for Patients under the Maine Medical Use of Marijuana Act
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 36 MRSA §1754-B, sub-§1, ¶I, as amended by PL 2009, c. 373, §6, is further amended to read:
 
I. Every person not otherwise required to be registered that sells tangible personal property to the State and is required to register as a condition of doing business with the State pursuant to Title 5, section 1825-B; and
Sec. 2. 36 MRSA §1754-B, sub-§1, ¶J, as enacted by PL 2009, c. 373, §7, is amended to read:
 
J. Every person that holds a wine direct shipper license under Title 28-A, section 1403-A.; and
Sec. 3.  36 MRSA §1754-B, sub-§1, ¶K  is enacted to read:
 
K.  Every registered primary caregiver as defined in Title 22, section 2422, subsection 11.
Sec. 4.  36 MRSA §5122, sub-§2, ¶¶PP and QQ  are enacted to read:
 
PP.  For taxable years beginning on or after January 1, 2017, an amount equal to the deduction disallowed under the Code, Section 280E related to carrying on a trade or business as a registered dispensary as defined in Title 22, section 2422, subsection 6.
 
QQ.  For taxable years beginning on or after January 1, 2017, an amount equal to the amount paid for medical marijuana purchased in accordance with the Maine Medical Use of Marijuana Act by a qualifying patient, as defined in Title 22, section 2422, subsection 9, except that the amount that may be subtracted under this paragraph is limited to the amount that exceeds the applicable threshold under the Code, Sections 213(a) when added to the allowable medical expense deduction under the Code, Section 213.
Sec. 5.  36 MRSA §5200-A, sub-§2, ¶BB  is enacted to read:
 
BB.  For taxable years beginning on or after January 1, 2017, an amount equal to the deduction disallowed under the Code, Section 280E related to carrying on a trade or business as a registered dispensary as defined in Title 22, section 2422, subsection 6.
 
SUMMARY
This bill allows a taxpayer, either an individual or corporation, that operates a registered dispensary of medical marijuana pursuant to the Maine Medical Use of Marijuana Act to deduct from income the costs of operating that registered dispensary. The bill also allows a qualified patient to deduct from income the costs of medical marijuana purchased by that qualifying patient. The bill also provides a statutory requirement that registered primary caregivers under the Maine Medical Use of Marijuana Act register to collect sales tax.