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Administrative: Sales Tax-Recreational Marijuana-Class Action
Staff Report//July 9, 2026//
Plaintiffs moved to remand their complaint. Plaintiffs filed a putative class action under Missouri law against several marijuana dispensaries. Plaintiffs sought to challenge defendants’ collection of a sales tax on recreational marijuana products that had subsequently been held unconstitutional by the Missouri Supreme Court. Defendants removed the case to federal court, citing federal jurisdiction under the Class Action Fairness Act. Plaintiffs’ motion to remand challenged that basis for jurisdiction.
Where the court determined that plaintiffs’ amended complaint, which limited the plaintiff class to Missouri citizens, was the operative complaint, the court found that an exception to CAFA jurisdiction applied, warranting remand of the case to state court.
Plaintiffs motion for remand granted.
Vick v. Fresh Green, LLC (MLW No. 84910/Case No. 4:25-cv-00739-DGK – 13 pages) (U.S. District Court, Western District of Missouri, Kays, J.)
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