Can a marijuana dispensary be simultaneously taxed by a city and county? That’s the question the Missouri Supreme Court is now weighing.
Attorney Eric Walter represents a cannabis dispensary in St. Louis County. He told the High Court this week that allowing double taxation by both the city and county violates the Missouri Constitution.
“Where is the dispensary situated? Where is it physically located? If it’s in an incorporated area, well, now we know the local government is the city or county village that controls that incorporated area,” Walter said. “If it’s not an incorporated area, it’s in an unincorporated area, (then) the county is the local government. But that’s the starting proposition. Where is the dispensary.”
He emphasized that only one local government can levy the 3% sales tax on dispensaries. Attorney Laura Robb, representing St. Louis County, disagreed.
“I believe that the key provision in this, in this article, is section 2.65,” she said. “Any local government is authorized to impose this tax, and they are authorized to impose this tax throughout such political subdivision.”
A lower court ruling sided with St. Louis County to allow both Florissant and the county to simultaneously tax the dispensary.
The Missouri Supreme Court will rule on the case later.
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