BILL REQ. #:  H-3235.3 

Read first time 01/16/14.   Referred to Committee on Government Accountability & Oversight.

     AN ACT Relating to creating a tax stamp system for the sale of recreational marijuana; adding a new chapter to Title 82 RCW; creating a new section; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature recognizes the importance of ensuring taxes on the production and sale of recreational marijuana are collected by the state of Washington. It is the intent of the legislature to create a counterfeit-resistant tax stamp program that provides the state with more secure mechanisms to ensure that taxes on recreational marijuana are collectible, enforceable, and auditable by the state of Washington.

NEW SECTION.  Sec. 2   (1) In consultation with the department of revenue, the state liquor control board must develop and implement a tax stamp program for the production and sale of recreational marijuana in Washington state: At a minimum, the tax stamp program must include the following provisions:
     (a) All licensed marijuana producers and processors must purchase counterfeit-resistant marijuana tax stamps from the board, and marijuana products are prohibited from being shipped to a licensed marijuana processor or retailer until a tax stamp is properly affixed to the product by the producer or processor as described in (b) of this subsection.
     (b) All marijuana products leaving the marijuana producer and processor must be sealed in highly secure tamper-resistant packaging and affixed with a counterfeit-resistant tax stamp.
     (c) A licensed retailer may only accept wholesale product that has been sealed and stamped as described in (b) of this subsection. The retailer is permitted to break down product as prescribed by rule by the liquor control board.
     (2) The liquor control board must develop rules to implement the tax stamp program created under this section no later than October 1, 2014, and the tax stamp program must begin no later than January 1, 2015.

NEW SECTION.  Sec. 3   Every licensed marijuana producer, processor, and retailer subject to the provisions of this chapter must keep and preserve for a period to be determined by the liquor control board an accurate set of records. These records must show all transactions relating to the purchase and sale of any of the articles taxed under this chapter and show all physical inventories performed on those articles, all invoices, and a record of all stamps purchased or received. All such records and all stock of taxable articles on hand must be open to inspection at all reasonable times by the liquor control board or its duly authorized agent.

NEW SECTION.  Sec. 4   For the purposes of this act, "marijuana" has the same meaning as provided in RCW 69.50.101.

NEW SECTION.  Sec. 5   Sections 2 through 4 of this act constitute a new chapter in Title 82 RCW.

NEW SECTION.  Sec. 6   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.