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-- Tax on drugs? huh?


Posted by SidMl on Sep-07-2007 22:44:

Tax on drugs? huh?

http://tennessean.com/apps/pbcs.dll...NEWS03/70907021

quote:

Tennessee�s tax on illicit drugs, known as the �crack tax,� is unconstitutional, the Tennessee Court of Appeals ruled today.

The unanimous opinion, written by Judge Sharon G. Lee, upholds a Loudon County Chancery Court decision that found that the tax on illicit drugs violates the drug possessor�s constitutional guarantee of due process and protections against self-incrimination.


Under a Tennessee law that took effect in January 2005, the state levies a tax on illegal substances, including marijuana, moonshine and cocaine. Drug dealers are required to anonymously pay the tax at a state revenue office and get a stamp to prove payment. If a dealer is arrested and doesn�t have a stamp, the state then goes after the money it is owed.

The law has been highly controversial, with some criminal defense attorneys claiming that the state is taxing people who aren�t even convicted of crimes and that the law violates a defendant�s right to self-incrimination.

�We affirm the trial court�s conclusion upon the alternate ground that the statute is arbitrary, capricious, and unreasonable and, therefore, invalid under the Tennessee Constitution, in that it seeks to tax as a privilege, activity that prior legislation has designated as criminal activity,� the opinion said.


Posted by Sunsnail on Sep-07-2007 22:45:

Similar to the marihuana tax


Posted by Frenchie on Sep-07-2007 22:47:

HAHA right!

"Excuse me sir, let me see your stamp"

Who cares about the drugs now, it's all about the stamp.


Posted by Fibonacci on Sep-07-2007 22:55:

As though the $50 fine and $25 surcharge is really going to break the bank after spending 6 figures in lawyer and court fees just for selling crack out at the playground again


Posted by Darkarbiter on Sep-07-2007 23:58:

So you can either pay it now or when your arrested... ofcourse you might not be arrested. What the hell's the point of paying it beforehand?


Posted by Frenchie on Sep-08-2007 00:05:

"Be a proper deal"

I'd rather cover my ass.


Posted by Saint John on Sep-08-2007 00:36:

its like how they got that one big ganster back in the day for not paying his taxes instead of all the crimes he did....thats why they are doing this i think



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