Kansas Department of Revenue - Illegal Drug Tax Implemented!

Kansas Department of Revenue ^ | FR Post 7-24-2003 | Editorial Staff - Kansas Dept of Revenue.

[vannrox]

Not a JOKE. This is REAL!

[jocon307]

You're kidding, right. This has to be a joke, or I think the Feds may have some serious problems with the great State of Kansas.

[KS Flyover]

Kansas isn't the only State:

The marijuana dealers tax

Right before the Sweet Potato Tax statute comes LSA R.S. 47:2601 which levies a tax on all dealers of marijuana in the State of Louisiana. Further, the law authorizes tax stamps that must be "affixed to or stamped on marijuana or controlled dangerous substances, or containers thereof."

To quote further from the law: "Stamps shall be affixed by the dealer on the smallest container or package of marijuana or controlled dangerous substance that is subject to the tax, to permit the secretary to readily ascertain by an inspection of any dealer's stock on hand whether or not the tax has been paid."

And how much is the tax? $3.50 per gram and the stamps are available from the Department of Revenue. By the way, dealers are not required to give their name or address when they buy their stamps.

And if a dealer does not have stamps on his goods? In addition to the other criminal penalties, the dealer faces up to five years at hard labor. Although the law seems amusing, the purpose is obvious: to enable additional prosecutions for the same offense. A similar Arizona law was recently overturned.

[templar]

Don't know if it still does, but Oklahoma used to have a marijuana tax stamp.

[wildbill]

Texas also has a tax stamp for every kind of drug with draconian penalties for not having it. I think the Texas marijuana stamp is $100 for a gram. I thought about buying one once and having it mounted for the wall but decided the probable hassle wouldn't be worth the conversation piece.

Funny thing, I've never heard of anyone ever being prosecuted under the law. Anyone else?

[KS Flyover]

Kansas State Drug Tax Stamp Project Going Up In Smoke

The Joplin Globe; January 27, 2003

WICHITA, Kan. - The Kansas state budget has been a little strapped lately, but at least the drug dealers have been doing their part.

The state taxes marijuana and cocaine just as it does legal products such as alcohol and cigarettes. And state tax collections on marijuana increased by 3.6 percent, from $139,227 to $144,236, in the first half of this fiscal year. Tax collections on cocaine, methamphetamine and other hard drugs were up 20.6 percent, $252,515 to $304,905.

The state even issues a gold foil "drug tax stamp," showing a marijuana leaf, a vial of cocaine and three pills. The stamps come in handy denominations from $10 to $1,000.

Illegal drugs also have their own tax table. For example, there are three different rates for marijuana: "wet plant," "dry plant" and "processed."

Under the relevant state law, "The drug tax is due as soon as the dealer takes possession of the marijuana or controlled substance," according to the state Department of Revenue's Web site.

Dealers are supposed to "attach the stamp to the marijuana and/or controlled substance immediately after receiving the substance."

The tax allows the state to seek civil penalties from dealers regardless of the outcome of any criminal prosecution, said Bob Longino, director of the Division of Alcohol Beverage Control, the branch of the Revenue Department that administers the program.

Because the tax usually is collected only after a drug dealer is arrested, 75 percent of the money goes to the local law enforcement agency while 25 percent goes to the state general fund.

But no one seriously suggests that drug pushers are buying tax stamps.

"Just about the only people who buy those are stamp collectors," said Sen. Stan Clark, R-Oakley, a member of the Assessment and Taxation Committee.

"My son and I collect stamps, but we didn't want that kind of public exposure," he laughed.

He needn't have worried.

The Revenue Department is aware of the collector interest in its stamps, Longino said. "That's about all we sell."

The Revenue Department also assures that drug stamp purchases are anonymous - - and information is not shared with law enforcement - to protect the stamp buyers' constitutional right not to incriminate themselves in a crime.

(c) 2003 The Joplin Globe
http://www.mpp.org/KS/news_3119.html

[Paulie]

I don't think it's joke at all. It just underscores the desperation that exists for gov't to deal with the entitlement mentality they've created. Nobody really thinks it'll fly, but it's a useful way to ease into the real objective: drug legalization. Then it's easily taxed.

Big mistake, but that's what will happen.

[squidly]

As others have noted, this isn't a new thing. I know that Alabama enacted a similar statute a few years ago.

[E. Pluribus Unum]

FYI, the federal government is the precedent for this.

There is no federal law making hemp (marijuana) illegal.

Since it is a perfectly legitimate crop grown for thousands of years for fiber (by George Washington, for example), the feds knew they could not make it illegal.

Instead, they placed an exorbitant tax on it in the form of a tax stamp.

It's what they'll do to guns someday.

[Mike4Freedom]

You're kidding, right. This has to be a joke, or I think the Feds may have some serious problems with the great State of Kansas.

The Federal government sells Marijuana tax stamps as well. That is the cover for making MJ illegal despite the constitutional prohibition. According to some stupid judicial decision in the early 20th century, the Feds can regulate anything that they tax, so selling tax stamps supposedly gives them authority to forbid its use.

Makes no sense, but then it is the government.

[D. Brian Carter]

This has been going on for years... the purpose is so the state can bust dealers for evasion of the tax. It's an added tool in putting away dealers and distributors. Obviously, no dealer in their right mind is going to buy the stamp, so when they get busted, there is an enhanced charge to add to the indictment.

[supercat]

It's what they'll do to guns someday.

Ever heard of the National Firearms Act of 1934?

[E. Pluribus Unum]

Ever heard of the National Firearms Act of 1934?

I have, and I knew that, I just forgot.

In theory, it's perfectly legal to own sawed-off shotguns and fully-automatic firearms if you purchase the required stamp.

However, purchasing the stamp is an open invitation to the BATF to send a SWAT team to your house at any time.

[Mike4Freedom]

However, purchasing the stamp is an open invitation to the BATF to send a SWAT team to your house at any time.

And if you do not buy the stamp, it is an open invitation for the BATF to send a SWAT team to you home (compound) and start shooting with those same weapons. Do you remember an incident in Waco Texas that occurred about 10 years ago. The lack of a $200 tax stamp was the prime reason for the search warrant (to look for a gun that might have required that tax stamp).

[Wolfie]

It's what they'll do to guns someday.

The Marijuana Tax Stamp Act was modeled directly on the Machine Gun Tax Stamp Act. Basically the practice was this: require the Tax Stamp, but refuse to issue it.

[E. Pluribus Unum]

And if you do not buy the stamp, it is an open invitation for the BATF to send a SWAT team to you home...

I beat you to it in post #13. :^])

[MrLeRoy]

it's a useful way to ease into the real objective: drug legalization.

I wish I could believe that.

Big mistake

Why?

[jmc813]

WOD Ping

[bigduke]

You obviously need to find a better avenue to spend your time. This particular law is a great prosecution tool and without it I can tell you from experience there would be a lot more drug dealers roaming the streets.

[StriperSniper]

the purpose is obvious: to enable additional prosecutions for the same offense.

A kind of legal double jeopardy penalty. If you look at the gammut of charges filed these days, the practice is rampant. Another example is the charge of 'paraphernalia' sometimes used for the package that a substance is contained in. Even if the Founders wouldn't agree with the use of drugs, these legal abuses would appall them.