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New Emergency Regulation for Cannabis Distributors and Retailers Requires California Cannabis Track-and-Trace

 

New Emergency Regulation for Cannabis Distributors and Retailers Requires California Cannabis Track-and-Trace

The California Department of Tax and Fee Administration (CDTFA) recently adopted emergency Regulation 3702, California Cannabis Track‑and‑Trace, which requires distributors and retailers to enter the wholesale cost and the retail selling price of cannabis or cannabis products into the California Cannabis Track-and-Trace (CCTT) system. The emergency Regulation 3702 is now in effect.

The Medicinal and Adult-Use Cannabis Regulations and Safety Act and regulations adopted by the Bureau of Cannabis Control (BCC) require all commercial cannabis activity be recorded in the CCTT system. Distributors and retailers that obtain an annual license with the BCC must begin recording commercial cannabis activity in the CCTT system. In addition to the existing requirements, each licensee must now enter the following information related to the cannabis excise tax.

___________________________________________________________________________________________________________

Emergency Regulation 3702
Text of California Code of Regulations, Title 18, Division 2, Chapter 8.7, Section 3702
(A new regulation to be added to Cal. Code Regs., tit. 18, div. 2)

Regulation 3702. California Cannabis Track-and-Trace.

A distributor or cannabis retailer that is required to record commercial cannabis activity in the California Cannabis Track-and-Trace system pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (commencing with section 26000 of the Business and Professions Code), shall enter into the California Cannabis Track-and-Trace system specified information as follows:

(1) Wholesale Cost. When cannabis or cannabis products are sold or transferred to a cannabis retailer in an arm’s length transaction, the distributor and cannabis retailer shall enter the cannabis retailer’s wholesale cost of the cannabis or cannabis products.
(2) Retail Selling Price. When cannabis or cannabis products are sold in a retail sale, the cannabis retailer shall enter the retail selling price of the cannabis or cannabis products.

Note: Authority cited: Section 34013, Revenue and Taxation Code. Reference: Sections 34010,
34011 and 34015, R

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Cannabis Distributors
A distributor is required to enter into the CCTT system the retailer’s wholesale cost of the cannabis or cannabis products that is sold or transferred to a retailer in an arm’s length transaction.

In an arm’s length transaction, the distributor is required to calculate the average market price of the cannabis or cannabis products, which is the retailer’s wholesale cost plus a mark-up established by the CDTFA. The wholesale cost used to calculate the average market price is the amount entered into the CCTT system.

Cannabis Retailers
A cannabis retailer is required to enter into the CCTT system:

  • The wholesale cost of the cannabis or cannabis products. The wholesale cost is the amount paid by the retailer for the cannabis or cannabis products in an arm’s length transaction and is the amount used to calculate the average market price.
  • The retail selling price of the cannabis or cannabis products when the product is sold at retail.

For More Information
This Special Notice is intended to give you an overview of some of the requirements for cannabis distributors and retailers and does not address all requirements for the Cannabis Industry. We encourage you to read our online Tax Guide for Cannabis Businesses at www.cdtfa.ca.gov/industry/cannabis.htm.

CalCannabis Cultivation Licensing (CalCannabis), a division of the California Department of Food and Agriculture administers the CCTT system. For more information visit CalCannabis at www.cdfa.ca.gov/is/mccp/ or call 1‑833‑CALGROW (1‑833‑225‑4769) with your specific questions regarding the CCTT system.

If you have additional questions regarding the excise or sales tax requirements, please call our Customer Service Center at 1‑800‑400‑7115 (TTY:711) Monday through Friday, 8:00 a.m. to 5:00 p.m. (Pacific time), except state holidays.

 

Important information regarding transition to Leaf Data Systems, Washington

Marijuana Licensees,

The “go live” date of the new traceability system from Jan. 1, 2018 to Feb. 1, 2018.

The Liquor and Cannabis Board’s (LCB) number one concern on this project is our licensees. Based on discussions with our vendor — MJ Freeway — and internally with our project steering committee, we have elected to extend the preparation period to ensure the system is ready and your transition is as smooth as possible. We shared our plan earlier today with the Traceability Advisory Group, made up of industry members, who have been part of this project from the beginning.

Key Dates for Third-Party Integrators and Licensees
Going forward, the LCB has set some key deadlines that will prepare the system and third-party integrators for the transition. With the exception of “go live,” each of these “days” are on a 24 hour cycle ending at 11:59 p.m.

  • Jan. 8, 2018
    Last day for third-party integrators to submit tickets for system changes for Release 1
  • Jan. 14, 2018
    Last day for LCB/Vendor changes to code, aka “Code Freeze”
  • Feb. 1, 2018
    Leaf Data Systems will go live as traceability at 12:01 a.m.
  • Feb. 15, 2018
    Last day for current plants and inventory to be added into system
  • March 2, 2018
    Last day for lab (QA) results to be added into system

Traceability on LCB Website
As we have from the beginning, your main source of information on the transition is the Traceability Section of the LCB website at lcb.wa.gov. Everything you need to prepare is available on this page including; the training manual, training webinars for all license types and labs, key dates, etc.

Validated Commercial Software Vendors
We have begun posting the business names of third-party commercial integrators who have met the technical requirements for access to the system. We will be updating this list regularly as integrators become validated. Thus far, three commercial third-party integrators have been validated. If you use a third-party commercial system for traceability reporting and your vendor is not listed, consider contacting them to gauge where they are in the implementation/validation process.

Please note that the ultimate responsibility for ensuring your data is transferred to Leaf Data Systems after go live is your own. 

For most licensees the transition will be seamless through your commercial integrator. However, LCB cannot require integrators to validate, nor will we be able to postpone our go live date in order for them to do so.

We remain committed to communicating with you throughout the implementation. As always, your best source of information is through the Traceability Section of the LCB website. If you have not already, please familiarize yourself with the tools available to you there. Thank you for your review and commitment to this effort

BioTrackTHC Update for Adult-Use Sales, California

Dear California Partners,

We hope you’re all ready and gearing up for a historic January 1st! We’re so excited to see California begin adult-use and we want you to know that we’re here to help you through it! As we quickly approach January 1st, there are some steps you’ll need to perform in your BioTrackTHC to be prepared for adult-use sales. We highly recommend completing these changes ASAP as we will have limited support on 12/31 and 1/1 for the holiday; please ensure you set aside 2-3 hours to complete these changes in case you run into any issues.

You only need to complete these changes if you plan on participating in adult-use sales.

If you are planning on participating in recreational, adult-use sales, you’ll need to set up separate medical and recreational locations within your BioTrackTHC to allow for unique tax rates for each sale type; by default, the inventories will then be separated. Additionally, we’ve received a variety of questions related to the California Cannabis Track and Trace system, METRC; we’ve included a link to the CDFA’s Frequently Asked Questions list below that should address your concerns.

How do I ensure my taxes are set up for both medical and adult-use sales?

As you likely know, medical and adult-use cannabis will each have their own unique tax rates. In order to ensure you’re collecting the proper tax amounts for both types of sales, you will need to create two locations in your BioTrackTHC; one for medical and one for adult-use. This will allow you to keep two separate inventories within your system and thus, two unique “Tax Standard” rates. To do this, please follow the steps below:

We recommend that you complete these changes ASAP as we will have limited support on 12/31 and 1/1 for the holiday. Please set aside 2-3 hours to complete these changes.

·     Navigate to the “Administration” dropdown, then “Locations”>”Edit Locations”

·     Next, click “New” in the Locations window:

 

·     Once clicked, the fields will reset and you can fill out the necessary information; the only two required fields are “Name” and “Type”. We recommend simply naming them “Medical” and “Recreational” or “Adult-Use” and selecting the “Dispensary” type for both locations.

·     Finally, click “Save”

Next, you’ll need to enable Location Data Sharing so your inventories sync. To do this:

·     Navigate to the “Administration” dropdown, then, “Locations”>”Data Sharing”. The Data Sharing window will allow you to check off which data sets are shared across your medical and adult-use locations within your system.

 

·     Once you’ve selected your shared data sets that you desire, click “OK”:

·     For more information on setting up your Locations and Data Sharing, click here.

Now that you’ve created two separate locations within your BioTrackTHC and the inventories have synced, you’ll need to modify the “Tax Standard” category to accurately reflect the tax rates for each medical and recreational location.

·     You’ll need to perform these steps twice; once in each location within your system.

·     In each recreational and your medical location, navigate to the “Inventory” tab and click on the “Tax Categories” (on the right hand side) button to reach this window:

 

·     Next, from the “Existing Tax Categories” dropdown, select “Tax Standard”

·     Then, you’ll need to modify your city/state/excise tax rate for each location; medical and recreational.

·     Finally, click save.

If done correctly, this should create a new tax category for all inventory in the location which you performed the change. Again, you need to complete this twice to make sure everything is accurate; once in your medical location and once in your recreational location. For more information on changing your tax categories, click here.

Will I be expected to report to METRC starting January 1?

No. METRC, California’s Cannabis Track and Trace system, is not ready yet. We will keep you updated on the CCTT-METRC progress and will be prepared to launch our BioTrackTHC METRC Integration as soon as it is needed. If you hold a temporary license, you are still expected to maintain accurate and detailed records of your businesses cannabis activity and must be able to present that information upon request.

You can find the temporary license sales invoice/shipping manifest here that you are able to use to document transfers of cannabis and cannabis products.

If you have additional questions related to the California Cannabis Track and Trace System, METRC, click here for an FAQ that was created by the CDFA and shared on the BioTrack site.

If you have any other questions or are in need of technical/training support, please contact us. Additionally, we will have limited support on 12/31 and 1/1 for the holiday, so please plan accordingly.

 

Happy New Year

 

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