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CA: Court's Dismissal Of Mendocino County Cannabis Tax Lawsuit Appealed

Ron Strider

Well-Known Member
The plaintiffs in a lawsuit claiming Mendocino County's cannabis business tax is unconstitutional have appealed the court's decision to dismiss the suit.

"All consumers of medical cannabis will ultimately pay that new tax, which is in addition to all the ordinary sales and other taxes that apply generally to all businesses," said their attorney, Larry Rosen, in his announcement of the appeal. "The plaintiffs are appealing this decision for our collective sake to stop this unconstitutional special taxing of our medical cannabis products."

The plaintiffs, a group of cannabis business owners and advocates, argue the tax (Measure AI) passed on the November ballot is not a general tax, as presented, but a special tax.

Judge Jeanine Nadel refuted this claim in court, stating there was no specific spending requirement laid out in the measure, leading to her denial of their original motion to sue the county.

County Counsel Katharine Elliott said on Friday that she met with Rosen earlier this month to try to settle out of court, but the meeting was fruitless. In that meeting, she reportedly told Rosen the Court of Appeals process is taking more than a year for this district, as a court clerk told her earlier that day.

Rosen announced the appeal effort after the meeting with Elliott, indicating the plaintiffs' disinterest in settling, stating his group is "patient and hopeful."

News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Court’s dismissal of Mendocino County cannabis tax lawsuit appealed
Author: Ashley Tressel
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