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medical deduction for Medical Marijuana for state of California


Tax Prep by Deb

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I have a client in the office who has a prescription for Medical Marijuan. His question is can it be considered a medical deduction for the state of California?

We know it is not on the federal level, but I haven't found anything sayings yes or no for California. Does anyone have info on this that will help?

Thanks in advance.

Deb!

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>>We know it is not on the federal level<<

Like federal, California only allows a deduction for PRESCRIPTION medicine. You can deduct Marinol, but not marijuana.

Besides, no deduction is allowed for an expense that the taxpayer would have paid anyway even in the absence of the medical condition.

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>>He does have a prescription<<

No he doesn't, at least not in the usual sense of the term. It doesn't even prescribe a dosage, for example. And it is not anything that can be filled at a drugstore, at least not in the usual sense of the term. Ginseng tea is another powerful herbal remedy often "prescribed," but it is not deductible either.

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>>nothing in the tax codes for California<<

There is a recent California law, name of SB401. This conformed the California law to the Internal Revenue Code as it read on January 1, 2009. In other words, there is no separate California deduction for medical expenses. As you say, there are lots of different opinions about how it should be--just no different laws or rulings about how it actually is. We are required to use the federal amount, period.

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>>take me to the part that speaks about the medical deduction<<

The point is that it does NOT speak to the medical deduction in particular--nothing does. California has adopted the ENTIRE federal tax code unless there is a separate law, court decision, or FTB ruling. Which there aren't any about deducting marijuana, so none of the opinions you found are based on anything except phantasy. For TAX purposes it does not matter whether medical marijuana is legal to use. Many legal things are non-deductible. California conforms to the federal law for medical deductions, which means that because marijuana is not deductible under federal law it is not deductible under California law either. In fact, it's the same law.

SB401, "Conformity Act of 2010," updates California Revenue and Taxation Code to the "specified date" of January 1, 2009. See the top of page 7 at http://www.novoco.co..._sb_401_enr.pdf.

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