As cigarettes and other tobacco products are taxed on both the federal and state level, the tax compliance burdens are steep. The tobacco tax scheme is very different from other tax schemes because the product is taxed both at the federal and state level. Further, depending on the type of tobacco product being sold the…

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  In 2017 the Yakama Nation won an important case further expanding a well-recognized right to travel under their treaty.  In a constant impasse of state tax and Native American rights, the Yakama Nation exhibited how difficult it is for states to impose their taxes on Indian tribes.  The case can also serve as a…

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In 2014, the Compassionate Medical Cannabis Act passed, creating section 381.986, F.S. Under this law the Department of Health (“DOH”) was required to grant 5 nurseries licenses to dispense medical marijuana, 1 for each region in the state.1 The Department then promulgated rules under which a nursery could apply for a DO license, now referred…

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In 2012, the well-known Micjo decision came down from one of Florida’s appellate courts. In Micjo, the court ruled that Florida’s other tobacco products tax (“OTP”) should only apply to the tobacco product itself and not on other charges such as shipping and federal excise tax.  Squarely against that ruling Florida’s Department of Business and…

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Although more than 50% of states have legalized marijuana either on the medical or recreational level, on the federal side marijuana still remains illegal. Additionally, marijuana is still a Schedule I drug, which means it is considered to be highly addictive, have no recognized benefits, and remains illegal. On June 27, 2018, Senator Chuck Schumer,…

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For several years, I have been heavily involved with wholesale tobacco tax throughout the country. On April 6, 2016, the 1stDCA spoke loud and clear by determining that a blunt wrap or cigar wrap (a “Wrap”) product is not subject to Florida tax. This is a giant step towards putting an end towards at least…

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Despite the well-known and proven ideology that the legislature holds the power to declare taxability of particular items, the Colorado Department of Revenue (“CDOR”) and Florida Department of Revenue (“FDOR”) went above and beyond their own reach in attempting to broaden the taxability of tobacco products, specifically blunt wraps. The Florida appellate court, for example,…

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Over the past few years, several states have begun legalizing marijuana. Normally, the citizens of these states vote on a ballot measure, notably to add the legalization of marijuana as a state constitutional amendment. For instance, Colorado has legalized recreational and medical marijuana. Based on this legalization, Colorado has various sales taxes and excise taxes…

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