Idaho Cannabis & Hemp Industries
IRC § 280E Analysis / R&D Tax Credit Eligibility
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Does Section 280E Apply to state individual income tax?
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N/A
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Does Section 280E apply to state corporate income tax?
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N/A
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Are State R&D Tax Credits Potentially Eligible for "Plant Touching" (e.g. producers, cultivators, manufacturers, retailers) Cannabis Companies?
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N/A
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Are State R&D Tax Credits Potentially Eligible for Industrial Hemp Companies & "Non-Plant Touching" Separate Trade or Businesses (e.g. testing laboratories)?
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N/A
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State Law Background
(1) Hemp State Law Authority & Background - N/A
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Does not allow cultivation of hemp.
(2) Medical Marijuana State Law Authority & Background - N/A
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SB 1146 (VETOED by governor 4/16/15)
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Patient Registry or ID cards - No
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Allows Dispensaries - Doesn't define.
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Specifies Conditions - The possessor has, or is a parent or guardian of a person that has, cancer, amyotrophic lateral sclerosis, seizure disorders, multiple sclerosis, Crohn's disease, mitochondrial disease, fibroymyalgia, Parkinson's disease or sickle cell disease;
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Recognizes Patients from other states – No
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State Allows for Retail Sales/Adult Use – N/A
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Definition of Products Allowed - Is composed of no more than three-tenths percent (0.3%) tetrahydrocannabidiol by weight; is composed of at least fifteen (15) times more cannabidiol than tetrahydrocannabidiol by weight; and contains no other psychoactive substance.
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Are sales of medical marijuana subject to sales tax?
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N/A
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Is medical marijuana subject to an excise tax?
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N/A
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(3) Recreational Marijuana State Law Authority & Background - N/A
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Are sales of recreational marijuana subject to sales tax?
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N/A
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Is recreational marijuana subject to an excise tax?
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N/A
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(4) Does the State impose a Stamp Tax or Controlled Substances Tax?
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Yes. Idaho imposes an “Illegal Drug Tax” on persons who possess controlled substances in violation of Idaho law. A “controlled substance” includes (1) more than 42.5 grams of marijuana, and (2) one or more growing marijuana plants, that are possessed in violation of Idaho law. The tax rate is $3.50 per gram of marijuana or portion of a gram, and $775 per growing marijuana plant. See Idaho Code § 63-4203. The tax is payable through the medium of official stamps, labels or other indicia designated by, purchased from and sold by the State Tax Commission. See Idaho Code § 63-4204(3).
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For reference: Idaho Illegal Drug Stamp Tax Act