KANSAS CITY, Mo. — Legal Missouri 2022 got its recreational marijuana imitative passed statewide in November, and when they wrote the Constitutional Amendment, sales taxes were thought out.

“The counties can collect the tax in unincorporated areas and in incorporated areas. That’s up to that municipality,” Legal Missouri campaign manager John Payne told FOX4 last month.

A municipality would be like a city. On April 4, voters in multiple Missouri jurisdictions, like Kansas City and Jackson County, passed 3% sales tax initiatives.

Before that April vote, counties argued they could collect that tax in an incorporated city in the county, saying the taxes can be stacked.

Jackson County Executive Frank White wants the county to be able to collect that money.

“It was levied to the legislature with the assumptions that all of those legalities were already vetted,” Jackson County Legislator Manny Abarca told FOX4 Thursday. “So to hear that they may not have been is very concerning.” 

The county and Legal Missouri 2022 disagree on the tax stance. Abarca asked about where the county was in whether they’d be able to collect the tax at Thursday’s legislative meeting.

“I can’t give you an update on the litigation,” County Administrator Troy Schulte said back to Abarca. “I’ll defer you to the counselor’s office if there is any.”

White was not in attendance, but Schulte talked to FOX4 after the meeting.

“No,” he said when asked if Frank misled the legislature on whether the taxes can be stacked. “I think it’s still an unresolved issue, and the fact that 20 counties in the state passed it as well as incorporated cities suggests that we’re probably on as solid legal standing as we can. Ultimately, it’s up to the courts to decide.”

Schulte said he believes Jackson County would be able to collect about $3 million a year in sales taxes when they start collecting them in October.

City leaders know they’ll be able to collect at that time. County leaders are unknown.