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With all of the frustrations attendant to Drug Czar Kerlikowski's Fresno brain fart this week re: "marijuana is dangerous and has no medicinal value", it was good to hear this news as I was weeding my town square's flower beds this afternoon. I got up and drove to a friend's house right away. His small patch was busted last year and, a week later, he received a bill for almost $30,000 (with a $5,000 late fee even though it was the first bill he received) for his $500/plant "drug tax". They even levied the tax on a handful of moldy male plants he had pulled and neglected to remove from the patch. My friend will get his money back next week (I hope, I hope).
Now if I only had something to celebrate with, that would make this news even better. But that would be wrong ..... (not). Now for the news. -----
'Drug Tax' Ruled Unconstitutional Tennessee Supreme Court Decision 3-2
NASHVILLE, Tenn. - The Tennessee Supreme Court ruled Friday that a state law that taxes illegal drugs is unconstitutional.
The court found in 3-2 decision that the law exceeds the state's taxing power because it isn't a tax on "merchants, peddlers and privileges."
But the court also ruled that the law didn't violate constitutional protections against self-incrimination, leaving open the possibility that the General Assembly could develop a new tax on drugs that would be constitutional.
The ruling differed from some of the reasoning of lower courts that struck down the tax because of the self-incrimination issue and because it seeks to generate revenue from illegal activity.
Justice Gary Wade acknowledged in the court's opinion the "enormous burden" using, possessing and selling illegal drugs places on Tennessee.
"Even under these circumstances, however, it is our duty to dispassionately apply the rule of law in a fair and impartial manner, unswayed by genuine public concerns, partisan interests, or fear of criticism."
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