Marijuana Stamps & Their "Use's"...

Now, most people believe, Marijuana is illegal but, its a little strange that, they would tax it! Funny? Well, check each state (state statues NOT federal law) and you'll find, that even if it was criminalize, the stamps show it is a COMMERICALIZED TRANSACTION and it it weren't, then, they wouldn't tax it...

Would they? Well, lets take a look at the Marijuana Tax Act of 1937..

http://en.wikipedia.org/wiki/Marihuana_Tax_Act_of_1937

This is a federal MANDATE not, a state manifesto. So, the states decided, they wanted to 'raise revenue'. Let's take a look at the states in which, still provide (at this time) stamps and their statues, for raising revenue...



Alabama

Statue: §40-17A

Tax Rate: $3.50/gram if owner possesses 42.5 grams or more

Penalized for Nonpayment: (Civil & Criminal)  200% of Tax Class C Felony

Additional Info: Tax withstood constitutional challenge in 1991 on the grounds of self-incrimination in Briney v. State Department of Revenue, 594 So. 2d 120.

Tax withstood constitutional challenge in 1994 on the grounds of double jeopardy in Milner v. State, 658 So. 2d 500.

Connecticut

Statue: § 12-651

$3.50/gram if owner possesses 42.5 grams or more

Penalized for Nonpayment: (Civil & Criminal) 

200% of tax and up to $10k or 6 yrs prison or both


No Image (Georgia)


Statue: §48-15
Tax Rate: $3.50/gram
Penalized For Nonpayment (Civil & Criminal): Misdemeanor




Idaho



Statue: §63-4203


Tax Rate: $3.50/gram or $775/planet
Penalized (Criminal & Civil) 200% of tax and punishment for tax evasion to the same extent as poss of marijuana.

Additional Info:


Tax found to violate protection against self-incrimination in State of Idaho v. Smith, 120 Idaho 77. Purchase of stamp must now remain confidential.

No Image (Indiana)

Statue: § 6-7-3-8

Tax Rate: $3.50/gram

Penalized (Civil & Criminal) 200% of Tax

Additional Info: Tax found to violate double jeopardy protections in Fassinger v. State, 656 N.E.2d 1163. As a result, tax stamp violations must be processed separately from criminal proceedings.

The lack of due process and the Department of Revenue’s levying of the tax for constructive possession alone were challenged unsuccessfully in Hurst v. Department of Revenue, 720 N.E.2d 370 (Ind. Tax. 1999) and Hall v. Department of Revenue, 720 N.E.2d 1287 (Ind. Tax 1999).

For more information, call the Department of Revenue’s Criminal Investigations Division at (317)232-3360

Iowa

Statue: §435B

Tax Rate: $3.50/gram if owner possesses 42.5 grams or more $750/plant

Penalized: (Criminal & Civil) 200% of Tax and interest and Class D Felony

Kansas

Statue: K.S.A. 79-5201

Tax Rate: $3.50/gram if owner possesses 28 grams or more $.40/g wet plant $.90/g dry plant

Penalized: (Criminal & Civil): 100% and interest

Additional Info: Withstood constitutional challenge on the grounds of double jeopardy in Kansas v. Gulledge, 257 Kan. 915

For detailed information about the tax, visit:http://www.ksrevenue.org/faqs-abcdrugtax.htm

Kentucky

Statue:  §138.872

Tax Rate: $3.50/gram if owner possesses 42.5 grams or more $1000/plant if owner possesses 5 plants or more

Penalized (Criminal & Civil): 200% of tax and interest and Class C Felony


Additional Info: 

Withstood constitutional challenge on the grounds of double jeopardy in Kentucky v. Bird, 979 SW 2d 515 Louisiana Statue(s): §47:2601-47:2610 Tax Rate: $3.50/gram if owner possesses 42.5 grams or more Penalized (Criminal & Civil): 200% of tax and up to $10k or 5 years prison or both  Massachusetts Statue: Ch. 64K, §4 Tax Rate: $3.50/gram if owner possesses 40 grams or more Penalized (Criminal & Civil): $200 of tax and and up to $10k or 5 years prison or both Additional Info: Found unconstitutional as double jeopardy in Commissioner of Revenue v. Robert Mullings, 428 Mass. 406; later amended to comply. Minnesota Statue: Stat. 297D Tax Rate: $3.50/gram Penalized (Criminal & Civil) 200% of tax and $14k or 7 year's prison or both Additional Info: Withstood a constitutional attack on the grounds of self-incrimination in Sisson v. Triplett, 428 NW 2d 565. Nebraska  Statue: §77-4301 Tax Rate: $100/ounce if owner possesses 6 ounces or more Penalized (Criminal & Civil): 200% of tax and Class IV felony Additional Info:  Withstood constitutional attack on the grounds of self-incrimination inState v. Garza, 242 Neb. 573. Withstood constitutional attack on the grounds of double jeopardy in State v. Detweiler, 249 Neb. 485. Nevada Statue: §372A.070 Tax Rate: $100/g and $250 annual registration fee Penalized (Criminal & Civil): 200% of tax Additional Info: Found unconstitutional as double jeopardy in Desimone v. Nevada, 966 P.2d 405; later amended to comply. North Caroline Statue[s]: §105-113.107 Tax Rate: $3.50/gram if owner possesses 42.5 grams or more $.40/gram stems Penalized (Criminal & Civil): 140% of tax and interest Additional Info: Found unconstitutional as double jeopardy in Lynn v. West, 134 F.3d 582; later amended.  For more information, visit:http://www.dor.state.nc.us/taxes/usub/substance.html Oklahoma                                                  Statue: §450 Tax Rate: $3.50/gram Civil: 200% of tax No Image (Rhode Island) Statue: §44-49 Tax Rate: $3.50/gram if owner possesses 42.5 grams or more Penalized (Criminal & Civil): 200% of tax and up to $10k or 5 years prison or both South Carolina  Statue[s]: §12-21-5020 Tax Rate: $3.50/gram if owner possesses 42.5 years prison or both Penalized (Criminal & Civil): 200% of tax and up to $10k or 5 years prison or both Additional Info: Withstood constitutional attack on the grounds of double jeopardy inMcMullin v. South Carolina Dept. of Revenue, 321 SC 475. Tennessee Statue: §67-4 Tax Rate: $3.50/gram if owner possesses 42.5 grams or more $.40/gram stems Civil: 200% of tax and interest Additional Info: Circa September 7, 2007, Tennessee’s tax stamp has been declaredunconstitutional by the appellate courts, pending appeal to the state Supreme Court. No Image (Texas) Tax Code Ch. 159 Tax Rate: $3.50/gram if owner possesses 4 ounces or more Penalized (Criminal & Civil): 200% of tax and 3rd Degree Felony Additional Info: For more information, visit:http://www.window.state.tx.us/taxinfo/contr_sub/index.html Utah Statue[s]: §59-19-103 Tax Rate: $3.50/gram if owner possesses 42.5 grams or more Penalized (Criminal & Civil): 200% of tax and 3rd Degree Felony Additional Info: Withstood constitutional attack on the grounds of self-incrimination inState v. Davis, 787 P.2d 517 Found unconstitutional as a violation of double jeopardy in Brunner v. Collection Division of Utah State Tax Commission, 945 P.2d 687; later amended. Well, look at what we have.. Legal or illusion of law's APPLIED by profiter's of this system?? If you have any question, email or text me if, you like.... The Man- Politics & MoneY 312-521-0462 markgilmore0@gmail.com