Missouri Counties And Cities Can Stack Marijuana Taxes On Top Of One Another, Judge Rules

Marijuana Moment

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 playing out around the state.

The lawsuit was filed by Robust Missouri 3 LLC. The company saw its Florissant dispensary’s 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.

The constitutional amendment that legalized recreational cannabis sales included a 6 percent statewide excise tax—but it also authorized “any local government” to charge a sales tax of up to 3 percent.

At the heart of Robust’s 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.

St. Louis County Circuit Judge Brian May ruled that both governments’ taxes are valid.

In his Thursday order, May stated there is no court precedent on this issue, so he interpreted the intent of the law “as a whole and not in isolated parts.”

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Missouri Counties And Cities Can Stack Marijuana Taxes On Top Of One Another, Judge Rules

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