86 Ill. Adm. Code 423.110
Tax Imposed
Section 423.110
Tax Imposed
a)
Beginning January 1,
2020, a tax is imposed upon purchasers for the privilege of using cannabis at
the following rates:
1)
Any cannabis, other
than a cannabis-infused product, with an adjusted delta-9-tetrahydrocannabinol
level at or below 35% shall be taxed at a rate of 10% of the purchase price;
2)
Any cannabis, other
than a cannabis-infused product, with an adjusted delta-9-tetrahydrocannabinol
level above 35% shall be taxed at a rate of 25% of the purchase price; and
3)
A cannabis-infused
product shall be taxed at a rate of 20% of the purchase price.
[410 ILCS
705/65-10]
b)
The purchase of any
product that contains any amount of cannabis or any derivative thereof is
subject to the Tax on the full purchase price of the product.
EXAMPLE: A dispensary sells a cannabis-infused
product that contains ⅛ ounce of cannabis for $80. One-eighth of an
ounce of cannabis normally sells for $30. The dispensary must collect $16 in Tax
on the sales price of the infused product ($80 x .2 = $16).
c)
The Tax is not
imposed on cannabis that is subject to tax under the Compassionate Use of
Medical Cannabis Program Act.
d)
The Tax is not
imposed with respect to any transaction in interstate commerce, to the extent
the transaction may not, under the Constitution and statutes of the United
States, be made the subject of taxation by this State.
e)
The Tax shall not be
imposed on any purchase by a purchaser if the cannabis retailer is prohibited
by federal or State Constitution, treaty, convention, statute, or court
decision from collecting the Tax from the purchaser.
[410 ILCS 705/65-10]