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US: Cannabis ‘tax stacking’ harms legal sellers and drives up prices

Two cases in Missouri—one that is headed to court in May—seek to stop some counties from "tax stacking" a cannabis tax on top of one already being charged for city sales. These cases create a situation where cannabis companies and their customers are forced to pay far more taxes than what legislators originally intended.

Unfortunately, governments in cannabis-legal states have pushed through taxes that are burdensome. And in some cases, it's impossible to comply unless the business comes out of its pocket and pays significantly more tax than it collects from its customers.

These government tax grabs have forced legal cannabis businesses to raise their prices to pay for the inflated taxes, making them less competitive and driving consumers to the illicit marketplace. Tax stacking also has reduced the amount of state and local taxes collected.

Missouri's obvious tax stacking is only one example; 20 states nationwide have local cannabis excise taxes, which can come from a county, a municipality, or a special district. In some cases, these taxes haven't been coordinated between the different governments involved. This has created a condition of tax stacking called "tax-on-tax," resulting in confusion and vastly inflated taxes.

Read more at bloomberglaw.com

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