Tennessee Tax On Illegal Drugs Ruled Unconstitutional

[CHIEF USA]

Hmmmmmm, selling drugs is a felony.......participation, aiding, and abetting selling drugs is a felony.

Recieving money from the sale of drugs is a felony.

When do the felony prosecutions of all involved in this act of hypocritical state criminality begin???

I am SURE the felonious state of Tennessee will pay back ALL of these ill gotten gains right??????

Posted: July 24, 2009 02:38 PM CDT



NASHVILLE, Tenn. - The Tennessee Supreme Court has ruled that a state law that taxes illegal drugs is unconstitutional.

The court ruled Friday in a 3-2 decision that the law, sometimes called the ‘crack tax,' exceeds the state's taxing power because it isn't a tax on ‘merchants, peddlers and privileges.'

The amount of 'crack tax' the state charged did vary, depending on the type of illegal drug they were buying the stamps for.

"You pay a tax by using a stamp program. It's anonymous. You cannot be incriminated on the criminal side for paying the tax," said Tennessee Supreme Court spokesperson Laura Click.

The stamps generated millions of dollars for the state and a four year court battle between the Department of Revenue and Steven Waters.

In 2005 police busted Waters for buying $12,000 worth of cocaine. Soon after his arrest, the state seized Waters bank account to re-coup the 'crack tax' he owed. Waters sued saying that was unconstitutional.

"He took it to chancery court in Loudon County to challenge this," said Click.

The trip to chancery court was successful for Waters. The state appealed but Waters also won the case. The 'crack tax' issue went all the way to the Tennessee Supreme Court where once again, Waters won.

"They are saying this statute at it stands is unconstitutional so no longer can the department of revenue tax you for the possession of illegal substances," said Click.

Tennessee's justices heard this case back in 2008 but just released their decision Friday.

The court opinion written by Justice Gary R. Wade dismissed arguments that the law violated constitutional protections against self-incrimination.

The court said in a news release that the ruling leaves open the possibility for remedial legislation to make the tax constitutional.

Tenn. Tax On Illegal Drugs Ruled Unconstitutional - NewsChannel 5.com - Nashville, Tennessee -