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Missouri Marijuana Tax Dispute Heads to Court

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Vertical Business asserts the county tax on municipal places is unconstitutional.

A lawful combat about recreational marijuana taxes is slated for a December court listening to in a rural county north of Kansas Metropolis, where by a cannabis retailer claims that the county’s 3% levy is unlawful under the point out constitution.

At difficulty is irrespective of whether Buchanan County – and other county governments – are permitted to tack their possess marijuana taxes on to those imposed by municipalities in included parts, in accordance to the St. Louis Put up-Dispatch.

The concern was introduced by retailer Vertical Enterprise, which operates in the tiny city of St. Joseph, in a lawsuit submitted in Buchanan County Circuit Courtroom very last thirty day period. Vertical argues that the county’s 3% tax – which doubles the 3% previously in position by the city of St. Joseph – is prohibited by the 2022 ballot evaluate that legalized leisure marijuana. Vertical asserts that it only gives counties the right to impose hashish taxes on organizations situated in unincorporated locations.

“Buchanan County is not a ‘local government’ in relation to Vertical for the reason that Vertical is in an integrated location and Buchanan County is not a village, city or city,” the lawsuit asserts. “Therefore, Buchanan County’s tax on cannabis profits in the town restrictions of St. Joseph is not approved.”

If Vertical loses the lawsuit, hashish consumers in Missouri will shell out a around 20% tax at shops that are found in equally taxed jurisdictions, when which include town, county, and state taxes, in accordance to an estimate from the Municipal League of Metro St. Louis.

Several other counties have taken the exact same move as Buchanan County, which includes St. Louis County and St. Charles County, which are property to the metropolis of St. Louis and numerous of its suburbs, the Put up-Dispatch claimed.

Vertical observed in the lawsuit that, to date, it has not collected the supplemental tax simply because “that would be incorrect and not possible to return.”

A trial date has been set by Circuit Choose Daniel Kellogg for Dec. 8.

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