What does this TX law apply to?
The link below shows Texas’ laws about tax stamps for those in possesion of controlled substances (marijuana, etc.) Who or what does this law apply to? I was under the impression that any amount of marijuana yields jail time, and legal penalties it Texas. Is this for pharmacies and such?
http://www.window.state.tx.us/taxinfo/contr_sub/index.html
First answerer, Any amount of marijuana is punishable by jail time in Texas, a minimum of 180 days, and fines, etc. Check this website if you dont believe me… http://norml.org/index.cfm?wtm_view=&Group_ID=4566
Second answerer, you make a lot of sense. Upon further research on my end, i found out that Texas uses this law as a way impose additional penalties on the suspect… tax evasion. So this law is Texas’ way of being able to collect a lot more money from offenders.
All controlled substances are available to authorized research labs. And hey, guess who makes and sells it? The government. However, some licensed labs can make it too (also to sell to researchers). But you have to be a legit scientist with a valid reason to get it. In any case, I would assume that’s what the taxes apply to. Also, I’m not an expert on Texas law or anything, but I highly doubt that all marijuana possession charges = automatic jail time.
…I could be wrong though.
This is fascinating. The link refers to Texas Tax Code, Chapter 159. You’d think at first glance that it applies only to people in legal possession of otherwise illegal drugs, but I don’t think so. In fact, the very last provision of the Act, section 159.103, provides an explicit exemption for cases where “the activity is authorized by law.” Further, if you look at the definitions in the beginning of the Act, it states a “dealer” is someone who “in violation of law of this state” imports, etc…controlled substances.
This statute clearly only applies to people dealing drugs illegally. The only explanation I can think of is that this is designed as a backup to the property seizure laws in the criminal code. Like, if a cop busts you with drugs in your car, they take your car. If they catch you with drugs outside of your car, they don’t have reason to do that. However, they can determine that you didn’t pay taxes as required under the Texas Tax Code, and seize your property to pay for back taxes. That’s messed up.
I suppose they could also use it to try and apply larger criminal sentences to dealers. Like, if you get busted with a whole bunch of cocaine, they can bust you for possession AND for failing to pay taxes, which would be separate crimes.