St. Louis County Cannabis Would Be Cheaper If Suit Succeeds

The lawsuit argues that dispensaries can’t be hit by double local taxes in incorporated municipalities

Oct 11, 2023 at 12:22 pm

REBECCA RIVAS/THE MISSOURI INDEPENDENT

Dyllan Davault, a harvester at Robust Cannabis facility in Cuba, Missouri, tends to greenhouse plants on May 2, 2023.

A weed dispensary in Florissant filed a lawsuit earlier this week that could bring down the price of marijuana at some dispensaries in St. Louis County.

Robust Dispensary is suing St. Louis County as well as Missouri's director of the Department of Revenue, arguing that its weed business can't legally be taxed by both the county and the city in which it operates.

Right now, Missouri levies a 6 percent state tax on marijuana sales. In April of this year, both St. Louis County and Florissant voters approved additional 3 percent local taxes on weed sold in their jurisdictions. At the time, some believed the tax could only apply to unincorporated areas of St. Louis County.

According to the lawsuit, which was filed in St. Louis County Circuit Court, Robust received a letter from Missouri's Department of Revenue informing the dispensary it would have to start paying both the Florissant and St. Louis County taxes starting the first of this month.

However, Robust says it shouldn't have to pay both of those taxes. The suit argues that even though Missouri law allows for weed to be taxed at both the state and local level, Robust can't be taxed by both Florissant and St. Louis County.

The suit quotes from the state constitution, which defines the term "local government" to mean “in the case of an incorporated area, a village, town, or city and, in the case of an unincorporated area, a county.” The suit argues that, based on that language, the relevant taxing authority is Florissant, not the county.

In addition to asking a judge to put a halt to the county tax on the Florissant store, the suit also says it is seeking to "lay to rest the controversy" concerning whether or not a county government can levy a weed tax on a dispensary doing business in an incorporated village, town or city.

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Ryan Krull

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St. Louis County Cannabis Would Be Cheaper If Suit Succeeds