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Taxation and Market Power in the Legal Marijuana Industry

Author

Listed:
  • Hollenbeck, Brett
  • Uetake, Kosuke
Abstract
In 2012 the state of Washington created a legal framework for production and retail sales of marijuana. Nine other U.S. states and Canada have followed. These states hope to generate tax revenue for their state budgets while limiting harms associated with marijuana consumption. We use a unique administrative dataset containing all transactions in the history of the industry in Washington to evaluate the effectiveness of different tax and regulatory policies under consideration by policymakers and study the role of imperfect competition in determining these results. We examine 3 main research questions. First, how effective is Washington’s excise tax at raising revenue? With the nation’s highest tax rate on marijuana, is Washington maximizing revenue or potentially overtaxing, leading to reduced legal sales and lower tax revenue. Second, what is the incidence of taxes in this industry? Finally, most states have restricted entry, resulting in firms with substantial market power. What is the role of imperfect competition in studying these basic questions on tax policy? We combine structural methods and a reduced form sufficient statistic approach to show a number of results. First, Washington’s 37% excise tax is still on the upward sloping portion of the Laffer curve and state revenue could be substantially higher with a higher tax rate. The amount of revenue generated by a tax increase is significantly larger due to retailer market power than it would be under perfect competition. In addition, these taxes are primarily borne by consumers and not by firms, and there is a large social cost associated with each dollar raised.

Suggested Citation

  • Hollenbeck, Brett & Uetake, Kosuke, 2018. "Taxation and Market Power in the Legal Marijuana Industry," MPRA Paper 90085, University Library of Munich, Germany.
    • Handle: RePEc:pra:mprapa:90085
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    2. Diwas KC & TI Tongil Kim & Jiayi Liu, 2022. "Electronic prescription monitoring and the opioid epidemic," Production and Operations Management, Production and Operations Management Society, vol. 31(11), pages 4057-4074, November.
    3. Michelle Sovinsky & Liana Jacobi & Alessandra Allocca & Tao Sun, 2024. "More than Joints: Multi-Substance Use, Choice Limitations, and Policy Implications," CRC TR 224 Discussion Paper Series crctr224_2024_501, University of Bonn and University of Mannheim, Germany.
    4. Auriol, Emmanuelle & Mesnard, Alice & Perrault, Tiffanie, 2023. "Weeding out the dealers? The economics of cannabis legalization," Journal of Economic Behavior & Organization, Elsevier, vol. 216(C), pages 62-101.
    5. Xiuming Dong & Justin Tyndall, 2024. "The impact of recreational marijuana dispensaries on crime: evidence from a lottery experiment," The Annals of Regional Science, Springer;Western Regional Science Association, vol. 72(4), pages 1383-1414, April.
    6. Michelle Sovinsky & Liana Jacobi & Alessandra Allocca & Tao Sun, 2023. "More than Joints: Multi-Substance Use, Choice Limitations, and Policy Implications," Rationality and Competition Discussion Paper Series 487, CRC TRR 190 Rationality and Competition.
    7. Justin Tyndall, 2021. "Getting High and Low Prices: Marijuana Dispensaries and Home Values," Real Estate Economics, American Real Estate and Urban Economics Association, vol. 49(4), pages 1093-1119, December.
    8. Brett Hollenbeck & Renato Zaterka Giroldo, 2022. "Winning Big: Scale and Success in Retail Entrepreneurship," Marketing Science, INFORMS, vol. 41(2), pages 271-293, March.
    9. Adachi, Takanori & Fabinger, Michal, 2022. "Pass-through, welfare, and incidence under imperfect competition," Journal of Public Economics, Elsevier, vol. 211(C).
    10. Sungtak Hong & Kanishka Misra, 2023. "The impact of commodity taxation on product variety: a multi-category investigation," Marketing Letters, Springer, vol. 34(4), pages 591-604, December.
    11. Carl Hase & Johannes Kasinger, 2024. "The Pass-through of Retail Crime," Papers 2407.07201, arXiv.org, revised Oct 2024.
    12. Keaton Miller & Boyoung Seo, 2021. "The Effect of Cannabis Legalization on Substance Demand and Tax Revenues," National Tax Journal, University of Chicago Press, vol. 74(1), pages 107-145.
    13. Benjamin Hansen & Keaton Miller & Boyoung Seo & Caroline Weber, 2020. "Taxing the Potency of Sin Goods: Evidence from Recreational Cannabis and Liquor Markets," National Tax Journal, National Tax Association;National Tax Journal, vol. 73(2), pages 511-544, June.
    14. Ken Yahagi, 2022. "Regulation on coexisting legal and illegal markets with quality differentiation," European Journal of Law and Economics, Springer, vol. 53(2), pages 235-259, April.

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    More about this item

    Keywords

    tax incidence; marijuana; pass-through; imperfect competition; regulation;
    All these keywords.

    JEL classification:

    • D22 - Microeconomics - - Production and Organizations - - - Firm Behavior: Empirical Analysis
    • H21 - Public Economics - - Taxation, Subsidies, and Revenue - - - Efficiency; Optimal Taxation
    • H22 - Public Economics - - Taxation, Subsidies, and Revenue - - - Incidence
    • L13 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Oligopoly and Other Imperfect Markets
    • L51 - Industrial Organization - - Regulation and Industrial Policy - - - Economics of Regulation
    • L81 - Industrial Organization - - Industry Studies: Services - - - Retail and Wholesale Trade; e-Commerce

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