The State of New Jersey acknowledged there is a beneficial use for
marijuana in treating or alleviating the pain or other symptoms associated
with certain debilitating medical conditions and therefore has adopted
the Jake Honig Compassionate Use Medical Cannabis Act (CUMCA).[1]
The CUMCA authorizes the municipality to implement a medical cannabis
transfer tax on any medical cannabis dispensed by the dispensary,
including medical cannabis that is furnished by the dispensary to
a medical cannabis handler for delivery to a registered qualifying
patient or the patient's caregiver.
The definitions, including a "medical cannabis dispensary,"
are defined in the CUMCA, N.J.S.A. 24:6I-3, and are incorporated herein
by reference and shall have the same meanings.
The medical cannabis transfer tax in the City of Atlantic City shall
be fixed at a uniform percentage rate of 2% on all sales or transfers
of cannabis products from a medical cannabis dispensary, pursuant
to N.J.S.A. 24:6I-10(i) of the CUMCA.
The medical cannabis transfer tax shall be in addition to any other
tax or fee imposed pursuant to statute, state and federal or local
ordinance or resolution by any government entity upon a medical cannabis
dispensary.
The tax imposed by this section shall be paid to the City no later
than February 1 of each year with a report certified as true and accurate
by the Chief Financial Officer, Comptroller or other similarly situated
person showing the gross revenues for the medical cannabis dispensary
for each month of the preceding year. The City may require that the
medical cannabis dispensary obtain a financial report from an independent
accountant certifying as to the annual revenues for the preceding
year.