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California Regulatory Update: Covered Battery Embedded Fee

Beginning 1/1/2026, California will require retailers to collect a Covered Battery Embedded Fee on certain products that contain non-removable batteries, including most all-in-one vape devices.

Updated today

California has adopted a new environmental recycling fee that applies to products containing embedded batteries that cannot be easily removed using common household tools. The goal of this fee is to fund the safe collection and recycling of batteries that would otherwise be disposed of improperly.

For cannabis retailers, this primarily impacts all-in-one vape products, which typically contain batteries that meet the definition of “embedded.” Retailers are responsible for registering with CDTFA, collecting the fee from customers, and remitting it according to CDTFA requirements.

Because this fee is not a traditional sales tax, it may interact differently with other cannabis taxes. It is important to understand both the fee and how to configure it in your point-of-sale system.

Effective date

  • January 1, 2026

What products are involved

  • Products containing a covered battery that is embedded

  • A battery is considered embedded if it cannot be easily removed using common household tools

  • This includes most all-in-one vape devices

Who must collect the fee

  • Retailers selling covered products to California consumers

  • Retailers must register with CDTFA to collect and remit the fee

Fee amount

  • 1.5% of the retail price paid by the consumer

  • Maximum fee: $15 per unit

    • (This effectively caps the fee at products priced ~$1,000+)

Retailer allowance

  • Retailers may retain 3% of the fee collected to offset administrative costs

  • The remaining amount must be remitted to CDTFA

What the fee is (and is not)

  • This is not sales tax.

  • CDTFA treats this as a covered electronic waste recycling fee.

  • CDTFA guidance does not clearly state whether this fee constitutes gross receipts for other tax calculations, which is why implementation matters.

What This Means for Cannabis Retailers

  • Most all-in-one vapes will be subject to the fee

  • Retailers must:

    1. Register with CDTFA

    2. Charge the fee at checkout

    3. Track and remit the fee separately

  • POS configuration matters to avoid:

    • Over-collecting

    • Incorrect tax compounding

    • Audit exposure


How to Handle the Fee in Meadow (Recommended Approaches)

Because this fee behaves differently than standard cannabis taxes, configuration depends on how a retailer wants the fee to interact with other taxes.

Option 1: Standalone Fee Category (Simplest & Safest)

Best for retailers who want clarity and minimal risk

  • Create a dedicated product category for covered battery embedded devices

  • Apply a Tier 1 tax/fee set to 1.5%

  • This treats the fee as:

    • Separate

    • Transparent on receipts

    • Easy to report and audit

Various tax authorities have determined on multiple occasions that fees should be included in gross receipts for purposes of calculating taxes. This approach avoids any risk assumed by not including the fee in taxable gross receipt.


Option 2: Non-Compounding Fee (Last Tax Tier)

For retailers who do NOT want the fee compounded by other taxes

  • Place the fee in the final tax tier

  • Important: taxes in later tiers compound earlier taxes

  • To net out to exactly 1.5% of the product price, the fee percentage must be adjusted

Example adjustment

If a retailer has:

  • Tier 1 tax: 10%

  • Tier 2 tax: 15%

To end up with a true 1.5% fee on the product price, the configured rate must be:

1.5% ÷ 1.15 ÷ 1.10 = 1.1858%

This ensures the compounded result equals 1.5% of the original product price.

⚠️ This method requires careful math and should be reviewed with a tax professional.


Important Considerations

  • Meadow does not provide tax advice; Please reach out to your CPA before moving forward.

  • Retailers should:

    • Confirm whether the fee should be treated as gross receipts with their CPA or CDTFA

    • Validate their configuration before January 1, 2026

  • Meadow supports:

    • Category-level tax logic

    • Tiered tax configurations

    • Transparent fee display at checkout

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