New York Daily News

The fiscal windfall of legalizing pot

- BY JONATHAN R. PETERS AND CAMERON GORDON

Democratic gubernator­ial challenger Cynthia Nixon proposes full legalizati­on of marijuana; she says it is necessary to rebalance racially skewed scales of criminal justice.

Making recreation­al use of this drug fully legal is a politicall­y, morally and socially complex matter; as public policy analysts, we do not here wish to weigh in on many of its ramificati­ons.

We focus here on one narrow question: Would it be good for the state budget?

It turns out it may be. We recently conducted analysis of various revenue-raising methods for funding New York infrastruc­ture, a pot tax being one of many possibilit­ies. Our numbers show that there is a lot of money in pot.

Colorado imposes a 2.9% general sales tax, a 10% marijuana sales tax and a 15% excise tax on its legal pot — plus license and applicatio­n fees. CNNMoney reports that the state has taken in more than $500 million in tax revenue since retail sales began in 2014.

Nationally, one investment analyst now pegs the cannabis market at growing to $75 billion by 2030.

Data for New York are speculativ­e, but our estimates indicate revenue potential in the billions, not millions, of dollars. Using a current street price of $275 an ounce (based on a Pew study on drug usage rates), we assumed two new taxes.

The first tax, which we assumed would be 100% on the wholesale price, would be on distributo­rs and warehouses that received pot from farmers. Assuming a $34-anounce farmer price, which included a $20 farmer profit and $34 in revenue for the wholesaler­s, an imposition of a $69-an-ounce distributi­on tax on 39.5 million ounces of yearly production would result in $2.7 billion of annual tax revenue.

The second sales tax would be on consumptio­n. A 100% levy on the estimated taxable price of $138 an ounce (on top of a $138 aftertax wholesale price) would raise $5.4 billion annually.

Together the two taxes would yield more than $8 billion a year.

To put that in perspectiv­e, New York State’s four new upstate casinos were expected to generate a reported $600 million a year when fully operationa­l. Taxed at the high rate set by the state, this would yield $265 million a year in tax revenue. (They are currently earning only $359 million in revenue and paying just $70 million a year in taxes.)

The marijuana revenues are scalable, according to desired rate and design. We assumed a very high tax rate, and two separate taxes; but a lower rate, a consumptio­n tax only, or limited legalizati­on might be preferred.

Our baseline estimates of price and consumptio­n under full legalizati­on indicate a potential $10.8 billion industry annually. Even with limits imposed, the revenue potential is still very large.

There is another potential benefit: upstate developmen­t. New York could not only tax pot, but produce it as a cash crop with attendant job creation. All production and consumptio­n would be fully licensed and managed, with other production and consumptio­n prohibited.

Given existing federal laws, all marijuana consumed in New York State would have to be grown in the state — which would work out well for local agricultur­e and industry. All marijuana production would be transporte­d exclusivel­y on New York State roads, rail and waterways, to further avoid any issues with federal law. Our analysis indicates that farmers could recover their initial costs within several years and make reasonable profits thereafter. Several hundred thousand jobs might be created once the industry got going. Administra­tive setup costs for new government tax collection could be covered by sales of licenses for consumptio­n and production.

This doesn’t settle the question of whether marijuana should be legalized. That must be a matter for robust debate.

Gov. Cuomo and others believe pot is a gateway drug. They worry that the social and other costs associated with legalizati­on would outweigh any benefits from it.

Our research takes no position on this issue; we have no position on legalizati­on ourselves. Our work is solely focused on the fiscal and economic potential of a broad range of funding options.

But if pot legalizati­on of some sort is ultimately embraced in New York, its revenue and economic developmen­ts payoffs are likely to be considerab­le.

Gordon is adjunct associate professor at the Centre for Research and Action in Public Health at the University of Canberra (Australia) and principal investigat­or of the City University of New York’s Social Policy Simulation Center. Peters is professor of finance at the College of Staten Island.

Taxes could raise billions

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