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 veggie
Registered: 07/26/04
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 [TN] Lawmakers try to revive 'crack tax' 
#12199070 - 03/14/10 07:55 AM (3 years, 2 months ago) |
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Lawmakers try to revive 'crack tax'
March 13, 2010 - tennessean.com
Tennessee lawmakers are trying to revive a state law taxing illegal drugs that was declared unconstitutional last year.
The measure, sponsored by Democratic Rep. Charles Curtiss of Sparta and Republican Sen. Randy McNally of Oak Ridge, would rewrite the law known as the "crack tax" to specifically target drug dealers.
Tennessee's drug tax that took effect in 2005 and generated more than $10 million required people to buy tax stamps for illegal drugs and liquor, just as wholesalers must buy for cigarettes.
The measure allowed the state to go after the belongings of people who are caught with illegal drugs or alcohol that didn't bear the special tax stamps, regardless of the outcome of their criminal cases.
"Mainly it's to make criminals pay for the cost they impose on society in general," McNally said Thursday. "Why should the general public have to pay to defend a drug dealer?"
The state Supreme Court in a 3-2 decision last year found the law unconstitutional because it exceeded the state's taxing power on "merchants, peddlers and privileges."
Curtiss told the House Government Operations Committee on Wednesday that state lawyers think they could defend a rewritten law that would define as dealers those who possess at least 1.5 ounces of marijuana, more than 7 grams of other drugs sold by weight or more than 10 doses of narcotics not sold by weight.
"There's going to be fewer people caught in this particular tax because of what some of the challenges were," Curtiss said. "We think we've got them all resolved."
Is it cost effective?
Legislative analysts project the new law would generate about $1.1 million per year but would cost the state about $700,000 annually in personnel costs, primarily because of the need to restore 15 positions eliminated from the Revenue Department's tax enforcement division after the law was ruled unconstitutional.
Revenue Commissioner Reagan Farr said it isn't clear whether lawmakers can just designate someone in possession of a certain amount of drugs to be a dealer, or if authorities would have to wait for a court to make that determination.
"The way this tax worked is we went out, levied and did a jeopardy assessment before you had time to dispose of the assets," he said. "If we have to wait for a criminal court to find that you had the intent to distribute, then there's no point in passing a new program."
Farr said lawmakers will have to decide if it's worth passing a law that will likely see another series of costly legal challenges. Curtiss told the House panel that there's always a risk of being taken to court.
"Any time we pass a law, it's subject to be challenged," he said. "But the attorneys believe we have something that can be defended."
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preschooler
Stranger
Registered: 01/27/03
Posts: 3,929
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Re: [TN] Lawmakers try to revive 'crack tax' [Re: veggie]
#12200233 - 03/14/10 02:54 PM (3 years, 2 months ago) |
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700,000 in personal cost my ass .....more like 100 million when you get done paying all the gov employees.
Too bad they can't just put a "real" tax on these things and let the cops fight crimes not drugs.
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smokintheherb
Heart black as lungs
Registered: 02/15/08
Posts: 359
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Re: [TN] Lawmakers try to revive 'crack tax' [Re: preschooler]
#12200301 - 03/14/10 03:04 PM (3 years, 2 months ago) |
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ironically, i was thinking about going to the post office to see if they still sold these the other day, just for sentimental value. 
"Its unconstitutional, so lets re-word this guys."
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 learningtofly
Ancient Aliens
Registered: 05/21/07
Posts: 15,105
Loc: Out of this world
Last seen: 1 year, 9 months
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Re: [TN] Lawmakers try to revive 'crack tax' [Re: preschooler]
#12200307 - 03/14/10 03:05 PM (3 years, 2 months ago) |
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Quote:
"Mainly it's to make criminals pay for the cost they impose on society in general," McNally said Thursday. "Why should the general public have to pay to defend a drug dealer?"
 This dumb fuck has just disregarded our entire criminal justice system. First of all, why is a drug dealer different than any other criminal defendant. So murderers should get defended, but not drug dealers?
Second of all, according to our ideals, you are innocent until proven guilty, not guilty until proven innocent.
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DetroitUofM
Hoffman's admirer
Registered: 03/13/10
Posts: 18
Loc: Michigan/Ohio/Kentucky
Last seen: 3 years, 1 month
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Re: [TN] Lawmakers try to revive 'crack tax' [Re: learningtofly]
#12201501 - 03/14/10 06:39 PM (3 years, 2 months ago) |
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This is probably one of the most ridiculous/stupid things I can think of, agree with the guy earlier, completely!--why not just legalize and tax? So so so so stupid
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SEE
dislexsic
Registered: 02/06/10
Posts: 132
Last seen: 1 year, 8 months
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Re: [TN] Lawmakers try to revive 'crack tax' [Re: DetroitUofM]
#12203765 - 03/15/10 01:08 AM (3 years, 2 months ago) |
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This is definetly a backwards way of doing things- do they have sales tax in that state? If so why not just bust em for failing to pay sales tax in stead of using outdated tactics from the 20 & 30's? What about state income tax ( what the feds use) if nothing else or hell both why tax stamps? Are these guys that old or are they just enjoying being very poor at writing laws? Put down the Jim beam guys and start thinking about personal liberties they use to call it freedom.
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I Before E Except after ME, SEE, what happened was....but don't worry i have it covered...I'll just tell God they died.
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Rabid Jelly Bean
Stranger
Registered: 01/26/10
Posts: 411
Loc: TX
Last seen: 22 days, 1 hour
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Re: [TN] Lawmakers try to revive 'crack tax' [Re: SEE]
#12206871 - 03/15/10 04:52 PM (3 years, 2 months ago) |
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I'm really getting annoyed by all of the guilty until proven innocent laws I keep finding.
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