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Swami
Eggshell Walker
Registered: 01/18/00
Posts: 15,413
Loc: In the hen house
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It is now illegal to deal drugs illegally
#2576475 - 04/19/04 01:11 AM (19 years, 11 months ago) |
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web site
The fact that dealing marijuana and controlled substances is illegal does not exempt it from taxation. Drug dealers are required by law to purchase drug tax stamps and place them on the drug containers just like manufacturers must place state tax stamps on alcohol or cigarettes.
According to Senior Special Agent David Hutchings, Kansas Bureau of Investigation, the drug tax stamp is a statutory requirement that states when a person has possession of an illegal drug, a drug tax stamp must be affixed to it.
Hutchings said that the law states that no dealer may possess marijuana... or controlled substance... without a drug tax stamp.
"A dealer is defined as any person who in violation of Kansas law manufactures, produces, ships, transports or imports into Kansas or in any manner acquires or possesses more than 28 grams of marijuana or more than one gram of any other controlled substance, or any 10 dosage units of any controlled substance, which isn't sold by weight," Hutchings said.
"We tax a lot of things, like alcohol and gasoline. It just makes sense that we would tax something that costs the government money, and possession of illegal drugs costs the government money."
The purchase of a drug tax stamp does not make the illegal drugs legal to possess, it is simply a way for the government to collect taxes on what is bought and sold, just like with any legal merchandise.
Hutchings and Kyle Smith, a spokesman for the KBI, both said drugs cost the state an enormous amount of money and that is, in part, the reason for the drug tax stamp.
"We're talking about substances that cost the state a lot of money," Smith said. "They possess these drugs with the intent to sell them and they sell them illegally without any (state) revenue coming from it. So the idea of the drug tax stamp is to try and make up for that lost tax that isn't generated because they are illegally selling substances."
Smith said that resources and assets of criminals shouldn't be left to the criminals to further their illegal trade. Instead, he said those assets and resources should be used to fight drugs.
"They thought they would bring the power of the tax code into the drug war and say you have to have these drug tax stamps and if you don't have them you owe taxes," Smith said. "To pay off taxes they can go after property that would be exempt during forfeiture.
Forfeiture deals with property that is proceeds of drug or other criminal activity or is used to facilitate that activity, like the car used to deliver the dope. Taxes aren't bound by that. If you owe taxes, they don't care whether that car had anything to do with the activity that created the tax lien. They can go after that car."
The actual sale of drug tax stamps brings in little revenue, but the state has ordered convicted drug dealers to pay millions of dollars in taxes on possession of illegal drugs.
Drug tax stamps, which need to be renewed every three months, can be purchased in denominations and multiples of $10, $50, $100, $500, and $1,000; not having one could be extremely expensive.
Hutchings said Stamps can be purchased from the Department of Revenue and can be done completely anonymously.
"They don't ask any questions, you don't have to write your names down or anything like that," he said.
Illegal drugs have their own tax table. For example, there are three different rates for marijuana: "wet plant," "dry plant" and "processed."
"Since drug dealers are in fact businessmen, it is hard to comply and be charging twice what your competitors are charging," Smith said. "Nobody's honestly expecting this to be complied with for the most part."
For example, a drug tax stamp for 10 grams of cocaine would cost about $2,000.
But the penalty for not having the drug tax stamp is the original $2,000 doubled, or $4,000. Three-quarters of the money goes to the local law enforcement agency while 25 percent goes to the state general fund.
-------------------- The proof is in the pudding.
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germin8tionn8ion
enthusiast
Registered: 04/14/04
Posts: 399
Last seen: 19 years, 8 months
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Re: It is now illegal to deal drugs illegally [Re: Swami]
#2576941 - 04/19/04 06:58 AM (19 years, 11 months ago) |
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Thats why Leary was charged with a felony, the pot he had didn't have a tax stamp. Didn't he fight this back when and say that requiring a non-issued tax stamp was unconstitutional, and didn't he win?
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SpecialEd
+ one
Registered: 01/30/03
Posts: 6,220
Loc: : Gringo
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Re: It is now illegal to deal drugs illegally [Re: Swami]
#2577407 - 04/19/04 10:33 AM (19 years, 11 months ago) |
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Yes, Kansas has some fun laws on the book. This one is probably the best one, but here are some more:
It is illegal to sell alcohol on sundays
It is illegal to sell 5% beer in grocery stores and gas stations
Liquor stores cannot sell food or cigarettes.
Homosexual statutory rape is waaaaaaaaaaaay worse. It carries a minimum sentence of like 15 years, while heterosexual statutory rape offenders can plea bargain for a 2 month sentence.
-------------------- "Plus one upvote +1..." --- // -- /l_l\/ --\-/----
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Divided_Sky
Ten ThousandThings
Registered: 11/02/03
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Loc: The Shining Void
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Re: It is now illegal to deal drugs illegally [Re: SpecialEd]
#2577581 - 04/19/04 11:42 AM (19 years, 11 months ago) |
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What a stupid law. How can they tax you for something that is already illegal and subject to fine? How can you buy tax stamps without getting arrested for possesion? This is on par with those ridiculous DUID laws, where if you smoke weed and get pulled over a month later, having any trace of THC in your blood makes you DUI.
-------------------- 1. "After an hour I wasn't feeling anything so I decided to take another..." 2. "We were feeling pretty good so we decided to smoke a few bowls..." 3. "I had to be real quiet because my parents were asleep upstairs..."
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Ahab McBathsalts
OTD Windmill Administrator
Registered: 11/25/02
Posts: 35,162
Loc: Wind Turbine, AB
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Re: It is now illegal to deal drugs illegally [Re: SpecialEd]
#2584095 - 04/20/04 06:28 PM (19 years, 11 months ago) |
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in canada most grocery stores don't carry any kind of alcohol, and only few gas stations sell alcohol.
If the government wants to tax it, they have to make it legal obviously.
and they say potheads are dumb.
-------------------- "Nobody exists on purpose. Nobody belongs anywhere. Everybody's going to die."
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Baby_Hitler
Errorist
Registered: 03/06/02
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Re: It is now illegal to deal drugs illegally [Re: Swami]
#2584678 - 04/20/04 09:01 PM (19 years, 11 months ago) |
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We need a tax on stupid laws.
-------------------- "America: Fuck yeah!" -- Alexthegreat “Nothing can now be believed which is seen in a newspaper. Truth itself becomes suspicious by being put into that polluted vehicle. The real extent of this state of misinformation is known only to those who are in situations to confront facts within their knowledge with the lies of the day.” -- Thomas Jefferson The greatest sin of mankind is ignorance. The press takes [Trump] literally, but not seriously; his supporters take him seriously, but not literally. --Salena Zeto (9/23/16)
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silversoul7
Chill the FuckOut!
Registered: 10/10/02
Posts: 27,301
Loc: mndfreeze's puppet army
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Re: It is now illegal to deal drugs illegally [Re: Baby_Hitler]
#2584706 - 04/20/04 09:08 PM (19 years, 11 months ago) |
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Quote:
Baby_Hitler said: We need a tax on stupid laws.
STOP MAKING SENSE!!!!!!
-------------------- "It is dangerous to be right when the government is wrong."--Voltaire
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GernBlanston
unintended sideeffect
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Re: It is now illegal to deal drugs illegally [Re: silversoul7]
#2584827 - 04/20/04 09:44 PM (19 years, 11 months ago) |
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Yah! I hereby declare a tax on people who make sense! 5 Dinars. Gimme.
-------------------- There is no flag large enough to cover the shame of killing innocent people. -- Howard Zinn
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Ekstaza
stranger than most
Registered: 04/10/03
Posts: 4,324
Loc: Around the corner
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Re: It is now illegal to deal drugs illegally [Re: GernBlanston]
#2584858 - 04/20/04 09:54 PM (19 years, 11 months ago) |
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I think I actually have some dinars somewhere. You got change for a hundred?
-------------------- YOUR EXPERIENCE WITH ANY GIVEN DRUG ISN'T THE DEFINITIVE MEASURE OF THE DRUGS EFFECTS.
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Learyfan
It's the psychedelic movement!
Registered: 04/20/01
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Re: It is now illegal to deal drugs illegally [Re: Baby_Hitler]
#2585002 - 04/20/04 10:37 PM (19 years, 11 months ago) |
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-------------------- -------------------------------- Mp3 of the month: Sons Of Adam - Feathered Fish
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silversoul7
Chill the FuckOut!
Registered: 10/10/02
Posts: 27,301
Loc: mndfreeze's puppet army
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Re: It is now illegal to deal drugs illegally [Re: Learyfan]
#2585006 - 04/20/04 10:39 PM (19 years, 11 months ago) |
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I don't think it's really B_H's birthday. I think he put today as his birthday because it's the real Hitler's birthday.
-------------------- "It is dangerous to be right when the government is wrong."--Voltaire
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Learyfan
It's the psychedelic movement!
Registered: 04/20/01
Posts: 34,185
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Re: It is now illegal to deal drugs illegally [Re: silversoul7]
#2585251 - 04/20/04 11:36 PM (19 years, 11 months ago) |
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Oh shit. I didn't think of that.
-------------------- -------------------------------- Mp3 of the month: Sons Of Adam - Feathered Fish
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