N.C. sends tax bill to 2 charged in marijuana case
http://www.wral.com/news/state/story/3481020/

Posted: Today at 7:24 a.m.
Updated: Today at 8:54 a.m.

ASHEVILLE, N.C. — The state of North Carolina has sent an $88,866 tax bill to two people charged with marijuana offenses after Buncombe County authorities seized 114 plants this summer.

Darwin Bisping, 32, a pizza delivery driver, was charged with manufacturing marijuana and trafficking after the plants were found at his Asheville home in July. Housemate Jennifer McCart, 30, also was charged and received a separate tax bill.

Buncombe County Sheriff Van Duncan said officials notify state revenue agents when a drug arrest is made because state law allows taxation of illegal drugs, The Asheville Citizen-Times reported Thursday.

Bisping said he needs marijuana for medical reasons and he doesn't think it is right to be taxed on "something you can't even legally grow."

Officials said the tax bill is a civil matter that isn't part of the criminal case. The Legislature in 1998 said taxing someone for an illegal substance doesn't amount to punishing the person twice, said George Valsame, assistant director of the Revenue Department's unauthorized substance tax division.

The state law specifically says that more than 42.5 grams of marijuana can be taxed at $3.50 per gram.

Bisping and McCart each were taxed on 18,053 grams of marijuana and also were charged $25,274 in penalties and $406 in interest.

Bisping said he uses the drug to calm nerve problems and to help him swallow food after esophagus surgery. He also disputes the weight of the marijuana that was seized.

"This ain't about justice, this is about money," he said.

Valsame said the tax is the state's way of getting revenue, but admits it is hard to keep up with the fluctuating price of drugs.

He said 75 percent of the tax goes to the agency that seized the drug and the rest goes into the state's general fund. The penalties support schools.

Valsame said a drug dealer can pay the fees anonymously and not be penalized if arrested on criminal charges. The division has stamps showing the amount paid that are supposed to be attached to the drugs.

"In the entire history of the program, I think all of the stamps we have sold, as far as, we know have gone to stamp collectors," he said. "We don't have drug dealers coming and buying these stamps."

----------------

To all those who want pot taxed just like beer and cigarettes, here you go!

What is bullshit is that the way they weigh it. Every leaf, stem, stalk, root and piece of dirt that clings to the plant.  

Texas has marijuana tax stamps, too.

Its just a way of charging someone for the same crime, twice.  Getting the tax stamps does NOT make the possession of the MJ legal.

Oh, and possession up to a pretty high amount is a simple misdemeanor in Texas.  First offense is mandatory probation, even.  But if you don't have the tax stamp...well THAT is a felony.

NORML is some interesting reading.

He said 75 percent of the tax goes to the agency that seized the drug and the rest goes into the state's general fund. The penalties support schools.

And we wonder why kids wave to firemen and flip off cops.

Wow... let's twist the tax code to further expand the failed WOD... great...

Quoted: N.C. sends tax bill to 2 charged in marijuana case http://www.wral.com/news/state/story/3481020/ Posted: Today at 7:24 a.m. Updated: Today at 8:54 a.m. ASHEVILLE, N.C. — The state of North Carolina has sent an $88,866 tax bill to two people charged with marijuana offenses after Buncombe County authorities seized 114 plants this summer. Darwin Bisping, 32, a pizza delivery driver, was charged with manufacturing marijuana and trafficking after the plants were found at his Asheville home in July. Housemate Jennifer McCart, 30, also was charged and received a separate tax bill. Buncombe County Sheriff Van Duncan said officials notify state revenue agents when a drug arrest is made because state law allows taxation of illegal drugs, The Asheville Citizen-Times reported Thursday. Bisping said he needs marijuana for medical reasons and he doesn't think it is right to be taxed on "something you can't even legally grow." Officials said the tax bill is a civil matter that isn't part of the criminal case. The Legislature in 1998 said taxing someone for an illegal substance doesn't amount to punishing the person twice, said George Valsame, assistant director of the Revenue Department's unauthorized substance tax division. The state law specifically says that more than 42.5 grams of marijuana can be taxed at $3.50 per gram. Bisping and McCart each were taxed on 18,053 grams of marijuana and also were charged $25,274 in penalties and $406 in interest. Bisping said he uses the drug to calm nerve problems and to help him swallow food after esophagus surgery. He also disputes the weight of the marijuana that was seized. "This ain't about justice, this is about money," he said. Valsame said the tax is the state's way of getting revenue, but admits it is hard to keep up with the fluctuating price of drugs. He said 75 percent of the tax goes to the agency that seized the drug and the rest goes into the state's general fund. The penalties support schools. Valsame said a drug dealer can pay the fees anonymously and not be penalized if arrested on criminal charges. The division has stamps showing the amount paid that are supposed to be attached to the drugs. "In the entire history of the program, I think all of the stamps we have sold, as far as, we know have gone to stamp collectors," he said. "We don't have drug dealers coming and buying these stamps." ---------------- To all those who want pot taxed just like beer and cigarettes, here you go!

Pretty sure the people who said to tax it also said to legalize it THEN tax it.

Quoted: To all those who want pot taxed just like beer and cigarettes, here you go!

You do realize this is in ADDITION to the criminal penalties, right?  This is exactly how it was with the Feds until the Nixon administration.  You could technically buy a marijuana tax stamp from the Feds and legally possess MJ... but you had to incriminate yourself by showing you already possessed the mj to do so.  At which point, they'd arrest your ass.

Quoted: You do realize this is in ADDITION to the criminal penalties, right?  This is exactly how it was with the Feds until the Nixon administration.  You could technically buy a marijuana tax stamp from the Feds and legally possess MJ... but you had to incriminate yourself by showing you already possessed the mj to do so.  At which point, they'd arrest your ass.

Reading is fundamental, no mj required to buy the stamps:

"a drug dealer can pay the fees anonymously and not be penalized if arrested on criminal charges. The division has stamps showing the amount paid that are supposed to be attached to the drugs."

This asshatery has already been struck down by the SCOTUS on the grounds that taxing something illeagal is a violation of the 5th amendment. It's is just amazing how local and state goverments will blatently violate the decisions handed down by the SCOTUS time and time again. The Heller saga is just another example of criminal defiance by state and local goverments of federal law.




.

Quoted: He said 75 percent of the tax goes to the agency that seized the drug and the rest goes into the state's general fund. The penalties support schools. And we wonder why kids wave to firemen and flip off cops.

Quoted: Quoted: You do realize this is in ADDITION to the criminal penalties, right?  This is exactly how it was with the Feds until the Nixon administration.  You could technically buy a marijuana tax stamp from the Feds and legally possess MJ... but you had to incriminate yourself by showing you already possessed the mj to do so.  At which point, they'd arrest your ass. Reading is fundamental, no mj required to buy the stamps: "a drug dealer can pay the fees anonymously and not be penalized if arrested on criminal charges. The division has stamps showing the amount paid that are supposed to be attached to the drugs."

So you go first.  If the Feds had a "you can register your illegal mgs now, just come on in and pay us and we'll be all squared away" would you do it?

Quoted: What is bullshit is that the way they weigh it. Every leaf, stem, stalk, root and piece of dirt that clings to the plant.

yeah, that's what's bullshit about this whole thing.

if they're that despirate, why not just tax them on the income from selling the stuff, not create a whole new BS tax?

Oh what screwed up laws we have!

"Legalize and tax it"


Be careful what you wish for.

Yea ok, buts it still illegal jerky. How can anyone justlfy taxing something illegal? If you want to tax it, then its defacto legal... No attorney but would argue that one...

Play stupid games, win stupid prizes.  I am supposed to feel sorry for these drug users but not for crack or meth heads?  Fuck that.  

Use illegal drugs, your life is marked with FAIL.

Quoted: "Legalize and tax it" Be careful what you wish for.

Read your post again as how it relates to this story.  Slowly read your first word, repeat as necessary.

Quoted: Use illegal drugs, your life is marked with FAIL.

Did that also hold true for those who used alcohol during prohibition? And if so, what was the magic that changed that simply because of the arbitrary illegal/legal status change?

Quoted: He said 75 percent of the tax goes to the agency that seized the drug and the rest goes into the state's general fund. The penalties support schools. And we wonder why kids wave to firemen and flip off cops.

I have it on good authority from many posters here that there is never any money at stake for the agencies as result of their law enforcement activities.

Just legalize and tax the buyers already. Jesus.

Quoted: What is bullshit is that the way they weigh it. Every leaf, stem, stalk, root and piece of dirt that clings to the plant.

DING DING DING!


And $3.50 ... per gram ?

That'd be roughly $7 per joint.

Quoted: Play stupid games, win stupid prizes.  I am supposed to feel sorry for these drug users but not for crack or meth heads?  Fuck that.   Use illegal drugs, your life is marked with FAIL.

Spoken like a supporter government knows best laws.

EX: "We shall not own guns because they're harmful to the children!"

Buncombe!

Quoted: Just legalize and tax the buyers already. Jesus.

yep

Quoted: Yea ok, buts it still illegal jerky. How can anyone justlfy taxing something illegal? If you want to tax it, then its defacto legal... No attorney but would argue that one...

Thats precisely what Spitzer proposed doing. Taxing illegal drugs in NY.

Quoted: Quoted: What is bullshit is that the way they weigh it. Every leaf, stem, stalk, root and piece of dirt that clings to the plant.   DING DING DING! And $3.50 ... per gram ? That'd be roughly $7 per joint.

More like $1.75.

Quoted: Quoted: Use illegal drugs, your life is marked with FAIL. Did that also hold true for those who used alcohol during prohibition? And if so, what was the magic that changed that simply because of the arbitrary illegal/legal status change?

That is a baseless argument.  Alcohol was and is a legal and frequently used product by a large majority of Americans.  It was made illegal by the actions of a vocal minority and eventually repealed.  

MJ has never been specifically legal in the USA.  It has been "unclassified" like many natural drugs, for quite some time.  It is used by a minority of Americans, most of whom use it illegally (medical usage aside).  

I am sure that many people here smoke and I would never know if you didn't tell me.  I don't really care.  Don't ask, don't tell as far as I am concerned.  I am sure there are pedophiles here too.  Just because your particular proclivity is part of your lifestyle doesn't give special rights to users and it doesn't mean that mainstream America has to stand by and sanction and condone it just because tax revenue can be generated from it.

Stupid law.

Either get rid of the tax stamp bullshit or legalize it and keep the tax stamps.


What is next.  Armed robbery licensing or you get more jail time?

i have no sympathy.. its not like they didnt know they had 114 plants in their home... dont do the crime if you cant do the time..... and pay the tax bill.. :-)

Quoted: Quoted: Quoted: Use illegal drugs, your life is marked with FAIL. Did that also hold true for those who used alcohol during prohibition? And if so, what was the magic that changed that simply because of the arbitrary illegal/legal status change? That is a baseless argument.  Alcohol was and is a legal and frequently used product by a large majority of Americans.  It was made illegal by the actions of a vocal minority and eventually repealed.   MJ has never been specifically legal in the USA.  It has been "unclassified" like many natural drugs, for quite some time.  It is used by a minority of Americans, most of whom use it illegally (medical usage aside).   I am sure that many people here smoke and I would never know if you didn't tell me.  I don't really care.  Don't ask, don't tell as far as I am concerned.  I am sure there are pedophiles here too.  Just because your particular proclivity is part of your lifestyle doesn't give special rights to users and it doesn't mean that mainstream America has to stand by and sanction and condone it just because tax revenue can be generated from it.

Its never been "specifically legal?"  Wtf does that mean?  Alcohol was "unspecified" before it was outlawed, too.  Thats a ridiculous word game.   If there's no law against something, it is, in fact, legal.  Marijuana was perfectly legal to use prior to the 1930s.

And did you really just make a comparison between pedophilia and smoking a plant?

For 3.50 a gram, I better be getting some chronic grown in the fucking ISS

'Cause that shit is out of this world

Quoted: Quoted: Quoted: Quoted: Use illegal drugs, your life is marked with FAIL. Did that also hold true for those who used alcohol during prohibition? And if so, what was the magic that changed that simply because of the arbitrary illegal/legal status change? That is a baseless argument.  Alcohol was and is a legal and frequently used product by a large majority of Americans.  It was made illegal by the actions of a vocal minority and eventually repealed.   MJ has never been specifically legal in the USA.  It has been "unclassified" like many natural drugs, for quite some time.  It is used by a minority of Americans, most of whom use it illegally (medical usage aside).   I am sure that many people here smoke and I would never know if you didn't tell me.  I don't really care.  Don't ask, don't tell as far as I am concerned.  I am sure there are pedophiles here too.  Just because your particular proclivity is part of your lifestyle doesn't give special rights to users and it doesn't mean that mainstream America has to stand by and sanction and condone it just because tax revenue can be generated from it. Its never been "specifically legal?"  Wtf does that mean?  Alcohol was "unspecified" before it was outlawed, too.  Thats a ridiculous word game.   If there's no law against something, it is, in fact, legal. And did you really just make a comparison between pedophilia and smoking a plant?

The comparison was between two illegal behaviors.  Just because one can be taxed for revenue, doesn't make it right.  

For all of you who say "Legalize and tax it,"  fine that is your point of view.  You must be true to your cause though, you must support legalizing every drug it for EVERYONE, including cigarettes and booze.  You can't argue legalization on one hand and restrictions on the other.  So if legal, you won't have a problem with me selling weed, meth or crack to your kids right?  What about heroin?  Coke?  Aw hell, I can't do that to kids.  How about I sell them some Boone's Farm while they wait for the school bus?   You shouldn't have a problem with that right?

Fuck 'em.  Pot heads are another example of surplus people in society.  Arrest them, tax them, jail them, who cares.  

Quoted: Quoted: Quoted: Quoted: Quoted: Use illegal drugs, your life is marked with FAIL. Did that also hold true for those who used alcohol during prohibition? And if so, what was the magic that changed that simply because of the arbitrary illegal/legal status change? That is a baseless argument.  Alcohol was and is a legal and frequently used product by a large majority of Americans.  It was made illegal by the actions of a vocal minority and eventually repealed.   MJ has never been specifically legal in the USA.  It has been "unclassified" like many natural drugs, for quite some time.  It is used by a minority of Americans, most of whom use it illegally (medical usage aside).   I am sure that many people here smoke and I would never know if you didn't tell me.  I don't really care.  Don't ask, don't tell as far as I am concerned.  I am sure there are pedophiles here too.  Just because your particular proclivity is part of your lifestyle doesn't give special rights to users and it doesn't mean that mainstream America has to stand by and sanction and condone it just because tax revenue can be generated from it. Its never been "specifically legal?"  Wtf does that mean?  Alcohol was "unspecified" before it was outlawed, too.  Thats a ridiculous word game.   If there's no law against something, it is, in fact, legal. And did you really just make a comparison between pedophilia and smoking a plant? The comparison was between two illegal behaviors.  Just because one can be taxed for revenue, doesn't make it right.   For all of you who say "Legalize and tax it,"  fine that is your point of view.  You must be true to your cause though, you must support legalizing every drug it for EVERYONE, including cigarettes and booze.  You can't argue legalization on one hand and restrictions on the other.  So if legal, you won't have a problem with me selling weed, meth or crack to your kids right?  What about heroin?  Coke?  Aw hell, I can't do that to kids.  How about I sell them some Boone's Farm while they wait for the school bus?   You shouldn't have a problem with that right?

I DO support legalization of all drugs.  For adults.  But that isn't the only logical viewpoint.  There's also a large number of people with perfectly rational points why they think mj should be legalized but not other drugs.  I disagree with them, but I think they still have some valid arguments.

Your assertion that because someone supports the legalization of drugs they must logically support selling drugs to minors is a patently ridiculous strawman, however.

Quoted: The comparison was between two illegal behaviors.  Just because one can be taxed for revenue, doesn't make it right.   For all of you who say "Legalize and tax it,"  fine that is your point of view.  You must be true to your cause though, you must support legalizing every drug it for EVERYONE, including cigarettes and booze.  You can't argue legalization on one hand and restrictions on the other.  So if legal, you won't have a problem with me selling weed, meth or crack to your kids right?  What about heroin?  Coke?  Aw hell, I can't do that to kids.  How about I sell them some Boone's Farm while they wait for the school bus?   You shouldn't have a problem with that right?

I can't believe how stupid this post is.

Quoted: Quoted: "Legalize and tax it" Be careful what you wish for. Read your post again as how it relates to this story.  Slowly read your first word, repeat as necessary.

Half way there.

Quoted: Quoted: The comparison was between two illegal behaviors.  Just because one can be taxed for revenue, doesn't make it right.   For all of you who say "Legalize and tax it,"  fine that is your point of view.  You must be true to your cause though, you must support legalizing every drug it for EVERYONE, including cigarettes and booze.  You can't argue legalization on one hand and restrictions on the other.  So if legal, you won't have a problem with me selling weed, meth or crack to your kids right?  What about heroin?  Coke?  Aw hell, I can't do that to kids.  How about I sell them some Boone's Farm while they wait for the school bus?   You shouldn't have a problem with that right? I can't believe how stupid this post is.

+10000000000000000

ETA:

By DV8's logic our adult freedoms should be limited to those that can be enjoyed by minor children of all ages.  

So much for automobiles, drinking, swearing, fucking, smoking, R rated movies, guns, knives, pointy sticks, porn, power tools, aircraft, and damn near everything else...  At least it was fun while it lasted.

Apparently if we wouldn't want it prominently displayed or sold to our children at bus stops we should make it illegal.

Quoted: Quoted: Quoted: The comparison was between two illegal behaviors.  Just because one can be taxed for revenue, doesn't make it right.   For all of you who say "Legalize and tax it,"  fine that is your point of view.  You must be true to your cause though, you must support legalizing every drug it for EVERYONE, including cigarettes and booze.  You can't argue legalization on one hand and restrictions on the other.  So if legal, you won't have a problem with me selling weed, meth or crack to your kids right?  What about heroin?  Coke?  Aw hell, I can't do that to kids.  How about I sell them some Boone's Farm while they wait for the school bus?   You shouldn't have a problem with that right? I can't believe how stupid this post is. +10000000000000000 ETA: By DV8's logic our adult freedoms should be limited to those that can be enjoyed by minor children of all ages.   So much for automobiles, drinking, swearing, fucking, smoking, R rated movies, guns, knives, pointy sticks, porn, power tools, aircraft, and damn near everything else...  At least it was fun while it lasted. Apparently if we wouldn't want it prominently displayed or sold to our children at bus stops we should make it illegal.

lol thats what I think of that statement also

i fucking hate marijuana.

i am glad these fucking criminals have to pay for their actions.

This thread just blew my freakin mind!

Quoted:
N.C. sends tax bill to 2 charged in marijuana case
http://www.wral.com/news/state/story/3481020/



FREAKIN AWESOME!!! This should be done to every pothead doper they catch.

Don't do drugs.

Better yet don't get caught growing and selling illegal drugs and you won't have to worry about all the jail time, taxes and shit, yo.

Quoted: Yea ok, buts it still illegal jerky. How can anyone justlfy taxing something illegal? If you want to tax it, then its defacto legal... No attorney but would argue that one...

Ask Al Capone

Quoted: Play stupid games, win stupid prizes.  I am supposed to feel sorry for these drug users but not for crack or meth heads?  Fuck that.   Use illegal drugs, your life is marked with FAIL.

lulz. There are people who have done illegal drugs who have done a hell of a lot more with their life than you have or will ever do. I certainly wouldn't say they have failed.

Quoted: Wow... let's twist the tax code to further expand the failed WOD... great...

Its an old idea- The NFA was based off of the first round of drug laws. They just taxed stuff out of existance, or didn't issue tax stamps at all.  Many states required you to already posess the drugs to get tax stamps- but it was illegal to posess the drugs without tax stamps .  I know here in Arizona the state courts struck down such tax laws.  

Theres a reason that they didn't just ban stuff outright, and a reason that Prohibition took an amendment to the Constitution.  Its sad people don't think that way anymore


You can still buy drug tax stamps online.  Texas has the coolest by far (Grim Reaper with a Death/Taxes motif ), although I'm partial to the Arizona "saguaro" one.

Quoted: Stupid law. Either get rid of the tax stamp bullshit or legalize it and keep the tax stamps. What is next.  Armed robbery licensing or you get more jail time?

Quoted: MJ has never been specifically legal in the USA.  It has been "unclassified" like many natural drugs, for quite some time.  It is used by a minority of Americans, most of whom use it illegally (medical usage aside).

Beg to differ... but it WAS legal at one time... many years ago, just as legal as booze or the cocaine in coca-cola.

I don't smoke the shit but if someone else wants to it is their business. I for one do not see where the problem would be in legalization and taxing the shit out of it.

teat like booze. done deal and a pile of taxes that they would then have to .. well waste, but there is nothing anyone can do about that.

Seems like there was a case on this that either went to appellate courts or SCOTUS that said you can't tax something and make it impossible to pay the tax to legally possess it.  Can't recall though.

Quoted: Quoted: Yea ok, buts it still illegal jerky. How can anyone justlfy taxing something illegal? If you want to tax it, then its defacto legal... No attorney but would argue that one... Ask Al Capone

Al Capone was charged on INCOME tax evasion. As on the money he made selling the illegal alcohol. Not for not having paid taxes on said alcohol.