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TN Illegal Drug Tax Ruled Unconstitutional

Again? Seriously, how many times must this be ruled before, uh, a ruling actually gets rid of it? See prior rulings and coverage here.

Full opinion here, via AC.

9 Responses to “TN Illegal Drug Tax Ruled Unconstitutional”

  1. Music City Bloggers » Blog Archive » Fat Chicks Roasting Marshmallows Says:

    […] SaysUncle on the repeal of the tax on illegal drugs. Note: Not a woman. No idea if he’s fat or not, but I do know he has some guns. […]

  2. DrawingDead Says:

    At least one more time. The local Chancellor here in Loudon got it right, and now the Court of Appeal has. As I recall from looking at it (as there seems to be something wrong with your URL link to the PDF). I would assume the state AG/Dept Revenue would have to appeal to the Supreme Court on this one.

    At that point, I’d say it’s pretty much done. Of course, knowing our General Assembly, they’ll try to ram through another ridiculous piece of legislation that’s close to this one next term, trying to get it to pass Constitutional muster.

  3. serr8d Says:

    It’s a great idea, the Crack Tax. Allows the seizure of real property from real criminals, real fast.

    I’m all for any system to bash drug dealers and take their ill-gotten gains. I hope the ruling is overturned, and the seizures continue.

    How can anyone oppose this thing, and not be a drug dealer or user?

  4. Concerned Citizen Says:

    I oppose this thing. And I am not a drug dealer or user. Gee, imagine that..

    I do not, however, oppose the 5th amendment. The government has declared drug use to be a crime. If they are going to put people in jail for this, the burden of proof is on THEM. It is not up to the perpetrator to admit his or her wrongdoings and pay a tax on them. In fact, it is their 5th amendment right and duty NOT to do so. To comply would be an injustice.

    And as we all know, an injustice to anyone (including drug users) is an injustice to everyone.

  5. SayUncle Says:

    How can anyone oppose this thing, and not be a drug dealer or user?

    Little concept called ‘due process of law’

  6. serr8d Says:

    Let’s see…we go to a perp’s house, or car, and carefully weigh substances that are deemed drugs (always, they are drugs; we haven’t yet weighed anything that came back as oregano or flour). On the ‘street’ valuation of that weighed drug, we collect an overdue tax.

    You can’t get much more ‘proof’ than that physically weighed and measured drug. Those are real drugs, folks, not something that’s as ephemeral as 12 million ‘illegal’ immigrants who aren’t illegal after all, according to Rudy. Just because dealing drugs is illegal does not exempt that practice from taxation.

    This is a carefully crafted tool used to immediately seize the ill-gotten assets of bad, bad people: drug dealers. Those same people who use our stolen guns to commit crimes, thereby causing more angst against us, law-abiding gun owners.

    Personally, I support any methods that will detract from the population of crooks, anywhere. And take away their toys. So as to support my continued addiction to guns & ammo…

    Don’t worry, this ruling is going to go eventually all the way to the Supremes, and we’ll see how quickly the ACLU comes in with their negation of this tool. Almost as quickly as they come to the rescue of the 2nd Amendment, huh?

  7. SayUncle Says:

    And all that is useless unless said perp is convicted by a jury of his peers. You know, the law. That thing that separates us from dictators.

  8. SayUncle » Disappointing Artwork Says:

    […] know, Tennessee’s unconstitutional drug tax stamp is not as cool looking as Texas’ unconstitutional drug tax […]

  9. Xrlq Says:

    I’m not sure what “again” means, when it involves an appeal of the same case. If the Supremes uphold it, though, it will be an interesting result indeed: break one law and you earn an automatic right to break another.