From: [d--ks--e] at [bronze.lcs.mit.edu] (Arian Wolverton) Newsgroups: alt.hemp,alt.drugs,talk.politics.drugs Subject: Montana Marijuana Tax Case Date: 5 Oct 1994 13:30:24 -0400 Here is a (sort of) old article. It was in the Boston Herald from Tuesday, June 7, 1994, page 3. Thought some might find it interesting. "Court Nixes Drug Tax In Montana Pot Bust" WASHINGTON - The Supreme Court ruled yesterday states cannot exact a tax on illegal drugs from someone convicted of drug possession. The high court, in a 5-4 decision, struck down Montana's $100-an-ounce tax on the possession of marijuana on the grounds it violates constitutional protection against double jeopardy. The decision has far-reaching applications as at least 22 other states have imposed similar marijuana taxes. The court's decision also freed a family from having to pay $181,000 in dangerous-drug taxes for growing marijuana on the Choteau County, Mont., ranch and farm it used to own. Richard and Judith Kurth pleaded guilty after police and federal agents raided their farm in 1987 and found 2,155 marijuana plants and more than 100 lbs. of harvested marijuana. Kurth was Montana's Conservation Rancher of the Year in 1971, but by the mid-1980's the ranch was $2 million in debt. Trying to save it, the Kurths began growing and selling marijuana. Justice John Paul Stevens, writing for the majority, said the tax appears to be motivated more for punishment than for the usual revenue-raising purposes. "In addition, it purports to be a property tax, yet it is levied on goods - here the destroyed marijuana plants - that the taxpayer neither owns nor posseses," he said. States simply could increase the criminal fine at the time of conviction, he wrote, adding the tax "is a second punishment that must be imposed durign the first prosecution or not at all." Justices Harry Blackmun, Anthony Kennedy, David Souter, and Ruth Bader Ginsburg joined the decision. Chief Justice William H. Rehnquist and Justices Sandra Day O'Connor, Antonin Scalia and Clarence Thomas dissented. Rehnquist said the decision "drastically alters existing law. We have never previously subjected a tax statute to double jeopardy analysis." The high court also unanimously said prison officials may be held liable for acting with deliberate indifference to an inmate's health or safety only if there was knowledge of serious risk or harm and they still failed to take reasonable steps to prevent it. The court ordered more hearings in the case of Dee Farmer, a transsexual inmate who sued prison officials after being raped in 1989 by another inmate at a federal prison in Indiana. -Herald Wire Services -end of article- Arian -- ------------------------------------------------------------------------------- Arian Wolverton | [d--ks--e] at [bronze.lcs.mit.edu] | "Hemp For Victory!" - U.S.D.A -------------------------------------------------------------------------------