MJBizMag April 2023 - 23

INDUSTRY DEVELOPMENTS
Missouri
A regulatory miscue prompted a Missouri judge to side with a medical marijuana cultivator and grant
the company a license.
The Eastern District Court of Appeals ruled that Mo Cann Do must be issued an MMJ license after
regulators failed to inform the company that certain paperwork was missing from its application.
The reversal marks the first time that a court ordered the Department of Health and Senior Services,
the state's chief regulator, to issue a license it had previously denied.
Mo Cann Do, which was seeking a license to grow in the town of Cuba, submitted its initial
application for a cultivation license in August 2019.
The company also applied for five dispensary licenses, which were also denied, although the court
did not weigh in on the status of those applications.
Montana
State Rep. Mike Hopkins of Missoula introduced a measure seeking to eliminate sales taxes on medical
marijuana, a move that could breathe life into the state's struggling MMJ market.
The dwindling number of MMJ patients in Montana currently pay a 4% state sales tax as well as a
3% local tax in certain jurisdictions. But both would be eliminated if House Bill 420 becomes law.
Hopkins said he wants to cut the MMJ tax because adult-use cannabis sales generate adequate tax
revenue, according to local news outlets.
Montana recorded $48.5 million in adult-use tax revenue on $230 million worth of sales since the
legal market launched in January 2022. The state levies a 20% excise tax on adult-use sales, and
localities may add an additional 3% tax.
In the year since adult-use sales began in Montana, the number of registered MMJ cardholders has
decreased from 40,000 to 21,000.
Nevada
The Las Vegas City Council approved regulations for marijuana consumption lounges in one of the
industry's most-watched markets for cannabis tourism and hospitality innovation.
The seven-member board, which includes Mayor Carolyn Goodman, approved several new
provisions that are more industry-friendly than initial proposals.
Most notably, the board chose to keep a 1,000-foot buffer between consumption lounges-a
requirement overwhelmingly opposed by operators and advocates-but included an option for
businesses to receive a waiver from the city council to bypass the rule and cluster near one another.
Consumption lounges also are prohibited in the city's casino, resort and medical districts.
Twenty prospective consumption lounge applications were submitted during the October 2022
application window.
Marijuana consumption lounges were approved in September in Las Vegas and Clark County.

https://helenair.com/news/state-and-regional/govt-and-politics/bill-would-eliminate-tax-on-medical-marijuana/article_05cbda02-75c3-5ee6-aa5a-507487bc4d86.html http://laws.leg.mt.gov/legprd/LAW0203W$BSRV.ActionQuery?P_SESS=20231&P_BLTP_BILL_TYP_CD=HB&P_BILL_NO=420&P_BILL_DFT_NO=&P_CHPT_NO=&Z_ACTION=Find&P_ENTY_ID_SEQ2=&P_SBJT_SBJ_CD=&P_ENTY_ID_SEQ https://mjbizdaily.com/montana-prepares-for-jan-1-launch-of-325-million-adult-use-cannabis-market/ https://www.urban.org/policy-centers/cross-center-initiatives/state-and-local-finance-initiative/state-and-local-backgrounders/marijuana-taxes https://mjbizdaily.com/nevada-marijuana-firms-ready-consumption-lounges-to-serve-tourist-throngs/ https://ccb.nv.gov/wp-content/uploads/2022/12/Cannabis-Consumption-Lounge-Prospective-License-Holders-FINAL.pdf https://mjbizdaily.com/las-vegas-gives-thumbs-up-to-marijuana-consumption-lounges/

MJBizMag April 2023

Table of Contents for the Digital Edition of MJBizMag April 2023