Cannabis News
What is Stacking and Why Are Cannabis Companies Suing Cities and Towns Over It?
A dispensary in St. Louis County initiated a lawsuit against Missouri, asserting that imposing multiple sales taxes on recreational marijuana sales by municipalities and counties is unconstitutional. In Kansas City, two counties, Jackson and Cass, have been stacking sales taxes. This action was prompted by voter approval in April, which endorsed county and municipal taxes, each set at 3% for recreational marijuana sales.
The plaintiff in this case is Robust Missouri Dispensary 3, and their dispensary is situated within the city of Florissant, which is located in the northern part of St. Louis County.
In February 2023, the Missouri Department of Revenue released a statement that offered clarification, stating that, according to the lawsuit, it’s not permissible for a city and a county to impose an additional local tax of up to 3% on recreational marijuana sales, based on the constitutional language.
The lawsuit raises questions about the interpretation of Article XIV within the Missouri Constitution. This article states: “The governing body of any local government is authorized to impose, by ordinance or order, an additional sales tax in an amount not to exceed three percent on all tangible personal property retail sales of adult-use marijuana sold in such political subdivision.”
In February, state officials reaffirmed the language within the Constitution, indicating that a “local government” for those residing in incorporated areas refers to a village, town, or city. For those living in unincorporated areas, it denotes a county, as the lawsuit details.
Consequently, St. Louis County dispensaries in incorporated areas are only liable for a municipal sales tax, such as the 3% sales tax passed by Florissant in April. Meanwhile, dispensaries in unincorporated areas are subject to a 3% county sales tax approved by St. Louis County voters in April.
However, in late February, the Missouri Department of Revenue (MoDOR) issued a statement indicating that the language in Article XIV was “ambiguous.” As a result, MoDOR rescinded its previous guidance, as per the lawsuit.
The statement acknowledged the existence of “two interpretations” regarding the definition of “any local government.” It declared that MoDOR would no longer advise municipalities or counties regarding stacking sales taxes on recreational marijuana.
The plaintiff received a “Sales Tax Rate Change Notification” letter, dated October 2023, from the Director of Revenue for the State of Missouri, Wayne Wallingford. The letter conveyed that both Florissant and St. Louis County had requested to impose 3% local government taxes on sales at Robust Missouri Dispensary 3, commencing on October 1, 2023. It emphasized the business’s obligation to comply with this directive.
The plaintiff seeks a resolution in court regarding the constitutional interpretation of Article XIV, specifically whether Missouri counties can legally apply additional sales taxes alongside municipal sales taxes for businesses operating within incorporated areas.
Furthermore, the plaintiff is seeking an injunction against imposing St. Louis County sales taxes on recreational marijuana sales at their Florissant dispensary. The plaintiff asserts that these additional sales taxes would cause “permanent” damage to customer relationships, as indicated in the lawsuit.
Confusion over the Legality of Stacking Taxes for Recreational Cannabis
Starting October 1, a supplemental 3% tax is applied to the sales of recreational marijuana in all cities and counties that enacted ordinances in April. Amendment 3, passed in November 2022, which legalized recreational marijuana sales, also extended the option for cities and counties to introduce taxes approved by voters.
This additional 3% tax is layered on the existing 6% state sales tax. Consequently, Columbia and Jefferson City residents who purchase recreational marijuana are subject to a total tax of 12% in addition to the regular state sales taxes.
During his visit to mid-Missouri for a church event, Wayne Brinkley, a San Antonio resident, received a receipt totaling $155, which included an additional $5.90 in state taxes, $7.32 for the Jefferson City tax, and an extra $6.10 for the Cole County tax. Brinkley expressed strong disapproval of this three-part stacked taxation on marijuana.
“I don’t think it’s acceptable at all,” Brinkley remarked. “They seem to be dipping into our wallets at every opportunity, taxing our earnings.” Before this, KOMU 8 News had reported on the confusion surrounding the stacking of these taxes. Even with the taxes now in effect, the uncertainty persists.
Jack Cardetti, the spokesperson for MoCannTrade, believes that cities have handled the ballot initiative correctly. He asserts that the Missouri Constitution permits local government to impose a 3% tax on adult-use sales. The Constitution defines a “local government” as an incorporated area encompassing villages, towns, or cities, and in the case of unincorporated areas, a county.
As per Cardetti, counties should only be collecting taxes from sales made in the unincorporated regions of the county. Cardetti views any counties attempting to gather these stacked sales taxes as nothing short of a financial grab.
Cardetti explained, “Their intention seemed to be, ‘We understand that the sales within city limits are meant for the city, but we’ll attempt to collect that sales tax as well.’ That’s not in line with Missouri law, and we’re concerned it will only encourage the black market.”
Boone County Commissioner Kip Kendrick stated that the Missouri Department of Revenue (DOR) initially concluded that stacking these taxes was permissible. However, Cardetti contends that the DOR withdrew their guidance, stating they “would not advise municipalities or counties on the possibility of stacking, based on the language in Article XIV of the Missouri Constitution.”
According to Kendrick, Boone County anticipates receiving the initial tax revenues generated later this year or early 2024. He mentioned that the county plans to reserve the revenue from city taxes while the legal confusion is resolved in court.
“We anticipate that it will be resolved through the legal process. Boone County’s approach is to set aside the funds we receive from sales in Columbia,” Kendrick clarified. Cardetti anticipates that litigation will enter the circuit soon, and while it remains uncertain who will be named as defendants in this case, Kendrick does not foresee Boone County’s involvement.
Conclusion
The ongoing legal debate over the stacking of taxes on recreational marijuana sales in Missouri has created uncertainty and controversy.
Residents like Wayne Brinkley express frustration at the additional tax burdens. At the same time, proponents like Jack Cardetti argue that the practice goes against the state’s legal framework and may inadvertently foster illicit markets. The conflicting guidance from the Missouri Department of Revenue has further added to the confusion.
Boone County Commissioner Kip Kendrick expects the matter to be resolved through legal proceedings, and Boone County is preparing for the eventual outcome. As this issue unfolds, it remains a subject of legal contention, with potential implications for tax collection in various jurisdictions within Missouri.
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“How Long Does One Puff of Weed Stay in Your System?”… This topic can be difficult to answer since it is dependent on elements such as the size of the hit and what constitutes a “one hit.” If you take a large bong pull then cough, it might linger in your system for 5-7 days. A moderate dose from a joint can last 3-5 days, whereas a few hits from a vaporizer may last 1-3 days.
The length of time that marijuana stays in the body varies based on a number of factors, including metabolism, THC levels, frequency of use, and hydration.
Delta-9-tetrahydrocannabinol, or THC, is the primary psychoactive component of cannabis. THC and its metabolites, which remain in your body long after the effects have subsided, are detected by drug tests.
Since these metabolites are fat-soluble, they cling to bodily fat molecules. They could thus take a while to fully pass through your system, particularly if your body fat percentage is higher.
THC is absorbed by tissues and organs (including the brain, heart, and fat) and converted by the liver into chemicals such as 11-hydroxy-THC and carboxy-THC. Cannabis is eliminated in feces at a rate of around 65%, while urine accounts for 20%. The leftover amount might be kept within the body.
THC deposited in bodily tissues ultimately re-enters the circulation and is processed by the liver. For frequent users, THC accumulates in fatty tissues quicker than it can be removed, thus it may be detectable in drug tests for days or weeks following consumption.
The detection time varies according to the amount and frequency of cannabis usage. Higher dosages and regular usage result in longer detection times.
The type of drug test also affects detection windows. Blood and saliva tests typically detect cannabis metabolites for shorter periods, while urine and hair samples can reveal use for weeks or even months. In some cases, hair tests have detected cannabis use over 90 days after consumption.
Detection Windows for Various Cannabis Drug Tests
Urine Tests
Among all drug tests, urine testing is the most commonly used method for screening for drug use in an individual.
Detection times vary, but a 2017 review suggests the following windows for cannabis in urine after last use:
– Single-use (e.g., one joint): up to 3 days
– Moderate use (around 4 times a week): 5–7 days
– Chronic use (daily): 10–15 days
– Chronic heavy use (multiple times daily): over 30 days
Blood Tests
Blood tests generally detect recent cannabis use, typically within 2–12 hours after consumption. However, in cases of heavy use, cannabis has been detected up to 30 days later. Chronic heavy use can extend the detection period in the bloodstream.
Saliva Tests
THC can enter saliva through secondhand cannabis smoke, but THC metabolites are only present if you’ve personally smoked or ingested cannabis.
Saliva testing has a short detection window and can sometimes identify cannabis use on the same day. A 2020 review found that THC was detectable in the saliva of frequent users for up to 72 hours after use, and it may remain in saliva longer than in blood following recent use.
In areas where cannabis is illegal, saliva testing is often used for roadside screenings.
Hair Tests
Hair follicle tests can detect cannabis use for up to 90 days. After use, cannabinoids reach the hair follicles through small blood vessels and from sebum and sweat surrounding the hair.
Hair grows at approximately 0.5 inches per month, so a 1.5-inch segment of hair close to the scalp can reveal cannabis use over the past three months.
Factors Affecting THC and Metabolite Retention
The length of time THC and its metabolites stay in your system depends on various factors. Some, like body mass index (BMI) and metabolic rate, relate to individual body processing, not the drug itself.
Other factors are specific to cannabis use, including:
– Dosage: How much you consume
– Frequency: How often you use cannabis
– Method of consumption: Smoking, dabbing, edibles, or sublingual
– THC potency: Higher potency can extend detection time
Higher doses and more frequent use generally extend THC retention. Cannabis consumed orally may remain in the system slightly longer than smoked cannabis, and stronger cannabis strains, higher in THC, may also stay detectable for a longer period.
How Quickly Do the Effects of Cannabis Set In?
When smoking cannabis, effects appear almost immediately, while ingested cannabis may take 1–3 hours to peak.
The psychoactive component THC produces a “high” with common effects such as:
– Altered senses, including perception of time
– Mood changes
– Difficulty with thinking and problem-solving
– Impaired memory
Other short-term effects can include:
– Anxiety and confusion
– Decreased coordination
– Dry mouth and eyes
– Nausea or lightheadedness
– Trouble focusing
– Increased appetite
– Rapid heart rate
– Restlessness and sleepiness
In rare cases, high doses may lead to hallucinations, delusions, or acute psychosis.
Regular cannabis use may have additional mental and physical effects. While research is ongoing, cannabis use may increase the risk of:
– Cognitive issues like memory loss
– Cardiovascular problems including heart disease and stroke
– Respiratory illnesses such as bronchitis or lung infections
– Mood disorders like depression and anxiety
Cannabis use during pregnancy can negatively impact fetal growth and development.
Duration of Effects
Short-term effects generally taper off within 1–3 hours, but for chronic users, some long-term effects may last days, weeks, or even months. Certain effects may even be permanent.
Bottom Line
The amount of time that cannabis remains in your system following a single use varies greatly depending on individual characteristics such as body fat, metabolism, frequency of use, and mode of intake. Frequent users may maintain traces of THC for weeks, whereas infrequent users may test positive for as little as a few days. Hair tests can disclose usage for up to 90 days, while blood and saliva tests identify more recent use. Urine tests are the most popular and have varying detection durations. The duration that THC and its metabolites are detectable will ultimately depend on a number of factors, including dose, strength, and individual body chemistry.
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Is kratom addictive? Discover the potential for dependence on Kratom, the risks involved with its use, and how to approach its consumption responsibly.
From 2011 to 2017, over 1,800 calls to poison centers involved kratom in the U.S. This significant number highlights the concern regarding kratom addiction.
However, without Food and Drug Administration (FDA) oversight, and due to various consumption methods like teas and capsules, there are significant health risks. Safe use of kratom is now in question due to these issues.
Research debates how dependence develops, outlining signs like loss of control and withdrawal symptoms. These signs are seen in regular kratom users. Ironically, some people switch from drugs like heroin to kratom, looking for a legal alternative.
Understanding Kratom: Origins and Prevalence
Kratom comes from the Mitragyna speciosa tree in Southeast Asia. It can act like a stimulant or like opioids, based on how much you take. People use it in different ways, for a small energy boost or stronger effects at higher doses.
The legal status of kratom in the U.S. is complicated and changing. It’s a hot topic because some worry about its misuse. It’s still legal in several states. This shows how different places handle drug rules. The National Institute on Drug Abuse is looking into its medical benefits. But, the FDA hasn’t approved it for medical use yet. The DEA calls it a “drug of concern,” which means policies might change.
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From 2011 to 2017, poison control centers in the U.S. got over 1,800 reports about kratom. This shows it’s widely used and might pose health risks.
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Kratom’s main ingredients bind to opioid receptors very strongly, stronger than morphine even. This fact is key to understanding its effects.
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As more people use kratom, more are reporting serious health problems. These include liver and heart issues, and tough withdrawal symptoms, particularly in those already sick.
The statistics show mounting worries about kratom in the U.S. As its use grows, it’s becoming more important to health policies and laws. What happens next will depend on further research and legal decisions.
Is Kratom Addictive: Investigating the Substance’s Nature
The question of kratom’s addictiveness focuses on how it affects brain receptors and its long-term health implications. The ongoing debate highlights concerns about dependence and the risk of addiction. Scientists are closely looking at these issues.
How Kratom Works in the Brain
Kratom’s main alkaloids, mitragynine and 7-hydroxymitragynine, bind to the brain’s opioid receptors, similar to painkillers and narcotics. This connection suggests a potential risk of dependence. These alkaloids are key to kratom’s pain relief but also point to possible addiction concerns, especially with frequent, high-dose usage.
Patterns and Consequences of Long-term Use
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Using kratom often, especially in large doses, can increase the risk of dependence and intense withdrawal symptoms, similar to opioid withdrawal.
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Although some use it for pain or to improve mood, long-term kratom users might see serious health problems, like liver damage and mental health issues.
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Withdrawal symptoms, including irritability, nausea, and sleep problems, show kratom’s impact on one’s physical and mental health.
Assessment of Addiction Risks
Studies indicate a significant risk of addiction to kratom, especially with high doses or frequent use. Dependence develops as the body gets used to kratom, leading to tolerance and a need for more to feel its effects. Withdrawal symptoms emphasize this risk, as highlighted by health experts.
Physiological Effects: Kratom’s Impact on the Body
There is a lot of debate about the safety and use of kratom. This herbal extract comes from the Mitragyna speciosa plant. It has drawn attention for its possible harmful effects on the body. The FDA has issued many warnings about kratom, raising safety concerns.
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Kratom Adverse Effects: Kratom users have reported side effects like nausea, vomiting, and confusion. More serious issues include high blood pressure and liver damage. These problems highlight the risks of using kratom.
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Herbal Extract Safety: Some kratom products contain heavy metals and pathogens. These can cause severe health issues, including death. This shows the importance of safety in herbal products.
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FDA Warnings and Regulations: The FDA has linked kratom to over 35 deaths and warns against using it. They point out the lack of medical uses and the risk of addiction.
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Physiological Impact: Kratom’s effects depend on the dose and the user’s body. Yet, it can lead to dangerous outcomes like liver damage and seizures.
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Safety Concerns from Authorities: Federal agencies like the DEA are worried about kratom’s safety. Although not a controlled substance, monitoring suggests users should be careful.
Kratom might offer temporary relief for some ailments, but it comes with significant risks. The FDA’s warnings should make people think twice. If considering kratom, it’s crucial to talk to a doctor first. Experts stress the need for safety and caution with herbal extracts.
Conclusion
Kratom’s role in health and regulation is complex, with views and research findings widely varied. Some people use kratom for its claimed health benefits, but it’s a hot topic. Experts advise caution and suggest consulting a doctor before using kratom due to the unclear effects.
Clinical studies using scores like SOWS and COWS haven’t confirmed withdrawal symptoms from kratom. This adds to the debate, especially when some users report withdrawal. This makes kratom a controversial subject among different findings and user experiences.
When it comes to treating opioid addiction, kratom can be both helpful and harmful. Some have used it successfully to fight addiction. Yet, some states have banned it. This highlights the need for regulations and consistent product quality. It also raises questions about kratom’s legal status due to mixed actions by authorities.
The situation shows how complex kratom is in the realm of substance use and law. Without clear evidence supporting either its benefits or risks, it poses a challenge. More research is needed to guide regulations and health advice. For now, anyone thinking of using kratom should be careful, seek medical advice, and keep up with laws and health guidelines.
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