§ 475A.662 — Imposition of tax on retail sale of psilocybin products

Oregon § 475A.662

• Jurisdiction: Oregon
• Vol.: 14
• Title 37: Alcoholic Liquors; Controlled Substances; Drugs
• Ch. 475A: Psilocybin Regulation

Text

(1) A tax is hereby imposed upon the retail sale of psilocybin products in this state. The tax imposed by this section is a direct tax on the client, for which payment upon retail sale is required. The tax shall be collected at the point of sale of a psilocybin product by a psilocybin service center operator at the time at which the retail sale occurs.
(2) The tax imposed under this section shall be imposed at the rate of 15 percent of the retail sales price of psilocybin products.
(3) If the tax imposed under this section does not equal an amount calculable to a whole cent, the tax shall be equal to the next higher whole cent.
(4) Except as otherwise provided by the Department of Revenue by rule, the amount of the tax shall be separately stated on an invoice, receipt or other similar document that the psilocybin service center operator provides to the client at the time at which the retail sale occurs.
(5) A person may not knowingly sell, purchase, install, transfer or possess electronic devices or software programs for the purposes of:
(a) Hiding or removing records of retail sales of psilocybin products; or
(b) Falsifying records of retail sales of psilocybin products.
(6)(a) A psilocybin service center operator may not discount a psilocybin product or offer a psilocybin product for free if the retail sale of the psilocybin product is made in conjunction with the retail sale of any other item or service.
(b) Paragraph (a) of this subsection does not affect any provision of ORS 475A.210 to 475A.722 or any rule adopted by the Oregon Health Authority pursuant to ORS 475A.210 to 475A.722 that is related to the retail sale of psilocybin products.
(7) The authority shall regularly review the rate of tax under subsection (2) of this section and make recommendations to the Legislative Assembly regarding appropriate adjustments to the rate that will further the purposes of:
(a) Providing the authority with moneys sufficient to administer and enforce ORS 475A.210 to 475A.722; and
(b) Not providing the authority with moneys that exceed, together with fees collected under ORS 475A.210 to 475A.722, the cost of administering and enforcing ORS 475A.210 to 475A.722.

Legislative History

2021 c.1 §114