{"id":74954,"date":"2024-05-04T09:46:11","date_gmt":"2024-05-04T17:46:11","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/05\/04\/missouri-counties-and-cities-can-stack-marijuana-taxes-on-top-of-one-another-judge-rules\/"},"modified":"2024-05-04T12:45:28","modified_gmt":"2024-05-04T20:45:28","slug":"missouri-counties-and-cities-can-stack-marijuana-taxes-on-top-of-one-another-judge-rules","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/05\/04\/missouri-counties-and-cities-can-stack-marijuana-taxes-on-top-of-one-another-judge-rules\/","title":{"rendered":"Missouri Counties And Cities Can Stack Marijuana Taxes On Top Of One Another, Judge Rules"},"content":{"rendered":"<\/p>\n

\u201cWe know from other states that when legal marijuana is taxed unnecessarily high, it only helps the illicit market.\u201d<\/em><\/p>\n

By Rebecca Rivas, Missouri Independent<\/strong><\/p>\n

A judge in St. Louis ruled Thursday that local municipalities can stack sales taxes on marijuana dispensaries<\/a>, the first court ruling on a much-debated issue playing out around the state.<\/p>\n

The lawsuit was filed by Robust Missouri 3 LLC. The company saw its Florissant dispensary\u2019s tax rate on cannabis products rise to 14.988 percent after both the city and St. Louis County approved 3 percent sales taxes on adult-use marijuana in April 2023.<\/p>\n

The constitutional amendment that legalized recreational cannabis<\/a> sales included a 6 percent statewide excise tax\u2014but it also authorized \u201cany local government\u201d to charge a sales tax of up to 3 percent.<\/p>\n

At the heart of Robust\u2019s lawsuit is whether the law intended for local governments to be able to impose a maximum of 3 percent sales combined, or if they can each impose a 3 percent sales tax.<\/p>\n

St. Louis County Circuit Judge Brian May ruled that both governments\u2019 taxes are valid.<\/p>\n

In his Thursday order, May stated there is no court precedent on this issue, so he interpreted the intent of the law \u201cas a whole and not in isolated parts.\u201d<\/p>\n

While the law allows for recreational marijuana to be legal, he stated it also intended for local governments to be able to \u201cprotect public health.\u201d<\/p>\n

\u201cIf [Robust\u2019s] interpretation were accepted, then a municipality or city would essentially be given carte blanche to ignore any county ordinance or regulation, including those related to public health and safety wholly unrelated to the taxing issue,\u201d May wrote in the ruling.<\/p>\n

May pointed to the provision that allows the city to approve placing a dispensary within less than 1,000 feet of any then-existing school.<\/p>\n

\u201c\u2026and the county, and other cities in the Ferguson-Florissant School District, would have no say in that decision,\u201d May wrote. \u201cThis absurd outcome would directly contradict the stated purpose of the [amendment].\u201d<\/p>\n

The ruling is a win for the Missouri Association of Counties, said Steve Hobbs, the association\u2019s executive director. The association has strongly advocated that counties have the ability to do this, he said.<\/p>\n

\u201cThe bulk of the counties around the state had gone to the voters and asked them to implement this tax,\u201d Hobbs told The Independent on Friday. \u201cAnd I think every one of them approved of it. I think [the ruling] removes some uncertainty from those counties.\u201d<\/p>\n

On the other side, leaders of the marijuana industry have called the effort to collect both taxes an \u201cunconstitutional money grab\u201d that violates the terms of the amendment.<\/p>\n

\u201cWe know from other states that when legal marijuana is taxed unnecessarily high, it only helps the illicit market,\u201d said Andrew Mullins, executive director Missouri Cannabis Trade Association, in a statement to The Independent Friday, \u201cwhich deprives Missouri veterans and substance abuse programs of needed revenue.\u201d<\/p>\n

Robust Missouri has submitted an appeal on the circuit court\u2019s decision. Another similar case is pending in Buchanan County.<\/p>\n

St. Joseph dispensary Vertical Enterprises sued<\/a> Buchanan County Collector Peggy Campbell, arguing that it, too, would be \u201cirreparably harmed\u201d if both taxes were imposed.<\/p>\n

A hearing is scheduled in that case for May 16 in the Circuit Court of Buchanan County.<\/p>\n

This story was first published by Missouri Independent.<\/em><\/a><\/p>\n

\n

Marijuana Legalization Opponents Raise Money For Potential Lawsuit Against Federal Rescheduling Move<\/a><\/p>\n<\/blockquote>\n

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The post Missouri Counties And Cities Can Stack Marijuana Taxes On Top Of One Another, Judge Rules<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n


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\nRead More: Missouri Counties And Cities Can Stack Marijuana Taxes On Top Of One Another, Judge Rules<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cWe know from other states that when legal marijuana is taxed unnecessarily high, it only helps the illicit market.\u201d By Rebecca Rivas, Missouri Independent A judge in St. Louis ruled Thursday that local municipalities can stack sales taxes on marijuana dispensaries, the first court ruling on a much-debated issue playingContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":457,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/74954"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/457"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=74954"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/74954\/revisions"}],"predecessor-version":[{"id":74955,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/74954\/revisions\/74955"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=74954"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=74954"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=74954"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}