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(AP) Amusing Man serves sentence for drug distribution...then finds out he owes the state $47 million for failing to purchase "drug stamps"   (wwl.com) divider line 66
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ZAZ [TotalFark] 2009-04-12 09:00:41 AM  
Massachusetts courts said the drug "tax" is really a fine so collection has to be merged with the criminal prosecution.

 
JoeBagadonutz [TotalFark] 2009-04-12 09:22:56 AM  
So if a drug dealer goes to the state and says," I'd like to pay the taxes on my bags of weed.", they are going to take his money and turn him loose? Bullshiat! It's forcing him to give evidence against himself and is clearly against the spirit of the constitution. Calling this place a free country any more is a joke.

 
lajimi [TotalFark] 2009-04-12 09:31:04 AM  
But 28-year-old Todd Matherne of Chauvin (SHOH'-van) says in a lawsuit that nobody told him when he pleaded guilty in a steroid case almost three years ago that he owed 47 million dollars in drug taxes.

STEROID?


i236.photobucket.com

 
Ima10urin8 [TotalFark] 2009-04-12 09:31:52 AM  
its all about the stamp

too bad the U.S. never issued the stamp

 
z_gringo [TotalFark] 2009-04-12 09:47:54 AM  
That law just idiotic. Surely it won't hold up.

 
dj_bigbird [TotalFark] 2009-04-12 10:15:52 AM  
Didn't the US fight a war or something over tax stamps?

 
And-1 2009-04-12 10:52:27 AM  
lajimi: STEROID?

Just what I was wondering.

Not drugs...

oboerista.files.wordpress.com


Not drugs...

zrapcoagency.co.in

Not drugs...

web.njcu.edu

Not drugs...

www.udel.edu

ZOMG DRUGS!!1!1elevnty!!

i236.photobucket.com


fakring morons.

 
real shaman [TotalFark] 2009-04-12 11:12:34 AM  
North Carolina's law is based on the transfer of pharmaceutical drugs by unlicensed vendors. IIRC it's about $12.00 a pill. SURPRISE!!!!

 
40below [TotalFark] 2009-04-12 11:29:51 AM  
Well, duh. Why do think Al Capone was convicted of tax evasion and not racketeering?

 
medius [TotalFark] 2009-04-12 12:01:31 PM  
lajimi: But 28-year-old Todd Matherne of Chauvin (SHOH'-van) says in a lawsuit that nobody told him when he pleaded guilty in a steroid case almost three years ago that he owed 47 million dollars in drug taxes.

STEROID?


I'm strong to the finish when I smoke my spinach.

 
Goldeneye007 2009-04-12 12:03:05 PM  
They tried this in Tennessee and it was ruled unconstitutional and they kept enforcing it while its under appeal.

 
farfigneugan [TotalFark] 2009-04-12 12:03:07 PM  
And-1: lajimi: STEROID?

Just what I was wondering.

Not drugs...

Not drugs...

z

Not drugs...



Not drugs...



ZOMG DRUGS!!1!1elevnty!!

fakring morons.


The most beautiful post I've seen in a long time.

 
El_ 2009-04-12 12:03:10 PM  
eqtworld: dj_bigbird: Didn't the US fight a war or something over tax stamps?

If you guys throw all my pot into the harbor, ima be pissed


Hilarious!

 
cuibonoono 2009-04-12 12:08:15 PM  
store44.com

 
Karma Chameleon 2009-04-12 12:09:56 PM  
eqtworld: dj_bigbird: Didn't the US fight a war or something over tax stamps?

If you guys throw all my pot into the harbor, ima be pissed


Don't know if you watch Weeds, but when Celia threw all of Nancy's pot in the pool, I about cried. Wet weed is a horrifying, tear-jerking thing.

 
Zimmy 2009-04-12 12:10:08 PM  
And-1: lajimi: STEROID?

Just what I was wondering.

Not drugs...

Not drugs...

z

Not drugs...



Not drugs...



ZOMG DRUGS!!1!1elevnty!!

fakring morons.


Technically, they are drugs. However, they aren't illegal drugs.

 
CokeBear 2009-04-12 12:10:56 PM  
I think they have it backwards.

First you legalize, *then* you can tax it!

 
TeeJay 2009-04-12 12:11:11 PM  
Just drop them the check in the mail and get it over with.

 
earthworm2.0 2009-04-12 12:11:44 PM  
ummm.... I was under the impression that any profits garnered from illigal activities were also deemed illegal and unenforcable....

so really, the entire law is unjust and they are jsut betting on the fact that the drug dealers aren't going to know that constitution or applicable laws and will be unable to defend themselves from prosecution.

 
the_chief 2009-04-12 12:13:45 PM  
BURN THE WITCH!!!

 
andrew131 [TotalFark] 2009-04-12 12:14:28 PM  
Something about a fifth amendment???

 
SharkTrager 2009-04-12 12:16:36 PM  
JoeBagadonutz: So if a drug dealer goes to the state and says," I'd like to pay the taxes on my bags of weed.", they are going to take his money and turn him loose? Bullshiat! It's forcing him to give evidence against himself and is clearly against the spirit of the constitution. Calling this place a free country any more is a joke.

I believe this is why the equivalent federal laws were abandoned and replaced.

 
Karma Chameleon 2009-04-12 12:19:50 PM  
earthworm2.0: ummm.... I was under the impression that any profits garnered from illigal activities were also deemed illegal and unenforcable....

so really, the entire law is unjust and they are just betting on the fact that the drug dealers aren't going to know that constitution or applicable laws and will be unable to defend themselves from prosecution.


I doubt they really care if dealers know the Constitution or not. The War on Drugs has violated the sovereignty of other nations, pissed all over the the Bill of Rights, and made people less safe from pretty much every substance ever. It's simply another hypocritical and failed law that serves as nothing more than a money-making scheme.

 
Weaver95 [TotalFark] 2009-04-12 12:19:58 PM  
z_gringo: That law just idiotic. Surely it won't hold up.

I wouldn't be so sure about that if I were you. The Fed has been remarkably consistant with upholding tax stamp laws. There's a fairly tortured legal reasoning behind it, but basically the government can pass a law that requires you to pay taxes on illegal items, then add yet another layer of charges against you for failing to pay taxes on the sale of items that, if reported, would get you tossed into a jail cell.

you'd think that'd be a violation of the 5th amendment but nobody involved in the war on drugs really gives a damn about that useless bit of paper.

 
fireside68 2009-04-12 12:26:23 PM  
Karma Chameleon: eqtworld: dj_bigbird: Didn't the US fight a war or something over tax stamps?

If you guys throw all my pot into the harbor, ima be pissed

Don't know if you watch Weeds, but when Celia threw all of Nancy's pot in the pool, I about cried. Wet weed is a horrifying, tear-jerking thing.


However, hearing Ween's "You farked Up" in the background as they're panning away from the pool made it all worthwhile. I don't think I've ever laughed so hard at a scene/song pairing.

 
Karma Chameleon 2009-04-12 12:27:36 PM  
fireside68: Karma Chameleon: eqtworld: dj_bigbird: Didn't the US fight a war or something over tax stamps?

If you guys throw all my pot into the harbor, ima be pissed

Don't know if you watch Weeds, but when Celia threw all of Nancy's pot in the pool, I about cried. Wet weed is a horrifying, tear-jerking thing.

However, hearing Ween's "You farked Up" in the background as they're panning away from the pool made it all worthwhile. I don't think I've ever laughed so hard at a scene/song pairing.


True that

 
chipspastic 2009-04-12 12:28:07 PM  
Weaver95: z_gringo: That law just idiotic. Surely it won't hold up.

I wouldn't be so sure about that if I were you. The Fed has been remarkably consistant with upholding tax stamp laws. There's a fairly tortured legal reasoning behind it, but basically the government can pass a law that requires you to pay taxes on illegal items, then add yet another layer of charges against you for failing to pay taxes on the sale of items that, if reported, would get you tossed into a jail cell.

you'd think that'd be a violation of the 5th amendment but nobody involved in the war on drugs really gives a damn about that useless bit of paper.


Wait a minute - wasn't the MJ Tax Act replaced with the Controlled Substances Act precisely because the MJ Tax Act violated the 5th amendment?

 
GoodyearPimp 2009-04-12 12:28:54 PM  
earthworm2.0: I was under the impression that any profits garnered from illigal activities were also deemed illegal and unenforcable

Profits are unenforceable? That's a helluva grasp of the legal system you got there, chum.

 
zamboni 2009-04-12 12:30:21 PM  
z_gringo: That law just idiotic. Surely it won't hold up.

It might. And don't call me Shirley.

 
Nemo's Brother 2009-04-12 12:31:23 PM  
Massachusetts rules!

 
Jormungandr 2009-04-12 12:37:16 PM  
Karma Chameleon: earthworm2.0: ummm.... I was under the impression that any profits garnered from illigal activities were also deemed illegal and unenforcable....

so really, the entire law is unjust and they are just betting on the fact that the drug dealers aren't going to know that constitution or applicable laws and will be unable to defend themselves from prosecution.

I doubt they really care if dealers know the Constitution or not. The War on Drugs has violated the sovereignty of other nations, pissed all over the the Bill of Rights, and made people less safe from pretty much every substance ever. It's simply another hypocritical and failed law that serves as nothing more than a money-making scheme.


What a sad state of affairs. Unfortunately the War on Drugs does make an insane amount of money for a lot of people so I doubt it will go anywhere.

 
Al Zeimer 2009-04-12 12:38:54 PM  
JoeBagadonutz So if a drug dealer goes to the state and says," I'd like to pay the taxes on my bags of weed.", they are going to take his money and turn him loose? Bullshiat! It's forcing him to give evidence against himself and is clearly against the spirit of the constitution. Calling this place a free country any more is a joke.

In Illinois several dealers had their charges dismissed after they paid the taxes, citing double jeopardy. So the state quickly repealed the tax.

 
saneyman 2009-04-12 12:39:33 PM  
farfigneugan: And-1: lajimi: STEROID?

Just what I was wondering.

Not drugs...

Not drugs...

z

Not drugs...



Not drugs...



ZOMG DRUGS!!1!1elevnty!!

fakring morons.

The most beautiful post I've seen in a long time.




Yeah I have to second this! And 1 is the shizzy

 
andrew131 [TotalFark] 2009-04-12 12:40:22 PM  
Sell for a loss, voila!!!

 
Weaver95 [TotalFark] 2009-04-12 12:41:31 PM  
chipspastic: Wait a minute - wasn't the MJ Tax Act replaced with the Controlled Substances Act precisely because the MJ Tax Act violated the 5th amendment?

i'm not entirely sure about that, i'd have to go back and check.

 
chipspastic 2009-04-12 12:43:12 PM  
Weaver95: chipspastic: Wait a minute - wasn't the MJ Tax Act replaced with the Controlled Substances Act precisely because the MJ Tax Act violated the 5th amendment?

i'm not entirely sure about that, i'd have to go back and check.


Please do. Check out Leary v. US from right around 1970. (Yes, that's Timothy Leary)

 
thesubliminalman 2009-04-12 12:49:51 PM  
It's easter, beautiful weather here, I am gonna roll me up some steroids and go take a walk. This shat is depressing!

 
mama's_tasty_foods 2009-04-12 12:50:06 PM  
here's a link to a more informative story:

http://www.nola.com/newsflash/index.ssf?/base/national-2/1239358861212770.xml&s t orylist=louisiana

Apparently Louisiana's statute is designed to avoid the infirmities that caused some other state laws to be struck down by the courts.

The story says he "was one of three people arrested in Houma in 2005 in connection with a ring that state police said sold steroids and impotence drugs by mail. A state police news release at the time described an operation that sold counterfeit versions of at least seven brand-name drugs. Hundreds of bottles of liquid steroids were confiscated." "According to the tax stamp law, each gram of marijuana is taxed at a rate of $3.50. Other drugs are assessed at $200 per gram if sold by weight or $400 per 10 dosage units. Anyone who fails to purchase the stamps can be made to pay twice the amount of tax owed."

My question is, how could he possibly have had/sold enough steroids to rack up this kind of tax bill? Suppose the tax was $1200 or so per bottle; in that case he'd have to have sold 20,000 or so bottles in order to get a tax bill in the $20 million range, which doubles to the 40s when you don't pay it.

But if he really moved 20,000 bottles of illegal drugs, why the hell is he convicted in 2006 and on the streets in early 2009? Indeed the article doesn't say he ever served a prison sentence at all!

Contrary to the sheriff, I don't think this suit is frivolous, though it may be ultimately found to be a loser. Even if a fine is labeled as non-criminal, if it's so punitive in effect or purpose as to negate the legislature's characterization, courts will call bullshiat and say that it's really criminal in nature. It's hard to have a clear grasp of this without knowing the drug quantities involved. However, a tax bill of several hundred grand might be more understandable; a bill that probably exceeds the yearly budget of the state department of revenue looks like more a criminal punishment to me.

 
JRaynor [TotalFark] 2009-04-12 12:51:49 PM  
And-1: lajimi: STEROID?

Just what I was wondering.
Not drugs...
Not drugs...
z
Not drugs...
Not drugs...
ZOMG DRUGS!!1!1elevnty!!

fakring morons.


Yes, you are. All of those things are still classified as drugs. The difference is they're legal.

 
rezin8 2009-04-12 01:06:42 PM  
hehehehe... I lived in Terrebonne Parish for 32 years and I can say with no amount of uncertainty, this guy will lose the case. The funny part is, only the State Police enforces the Tax Stamp laws. If he were arrested by TPSO, he wouldn't have had to worry about it.

Todd is a pretty cool guy, but he's not too smart. What the article fails to mention was the giant pill press they found in his barn or all the other stuff he was found in possession of.

 
rezin8 2009-04-12 01:25:30 PM  
BTW, Here's a story (^) on the original bust with pictures of the lab.

 
Braindeath 2009-04-12 01:31:21 PM  
eqtworld: dj_bigbird: Didn't the US fight a war or something over tax stamps?

If you guys throw all my pot into the harbor, ima be pissed


We're only going to throw the stuff from Mexico in the harbor. No real loss.

 
i8dbbq 2009-04-12 01:47:02 PM  
Didn't rtfa; however I would advise everyone in wherever that is to keep voting for the same leaders. That way you will get tons more moronic laws that have zero basis in reality.

 
orat-on-a-stick 2009-04-12 01:50:08 PM  
A Recognized Edward R. Murrow Site.


I thought Eddy boy died in '65? How could he recognize the site?



/Three years in a row!

 
bohica 2009-04-12 02:13:15 PM  
He's gonna have to move a shiatload of dope to make back $47Mil.

 
medius [TotalFark] 2009-04-12 02:14:21 PM  
man should've paid his taxes

 
james_bong 2009-04-12 02:16:27 PM  
I'm under the impression that this is how marijuana was first outlawed. You can't sell it without getting the tax stamp, but as soon as you come in to get the tax stamp they are going to bust you for having marijuana without a tax stamp. Kind of a catch 22. As someone else pointed out, they eventually straight up outlawed it rather having this convoluted system.

 
pedrop357 2009-04-12 02:28:55 PM  
Gotta love it. Drugs are bad and only the state can profit from their distribution.

Imagine if you ran a small building where you subleased different rooms to people and charged them all 'taxes' on their business income regardless of source and one of your tenant-taxpayers happened to deal drugs. Do you think it would matter one iota whether you knew they were dealing drugs or not when the government sought to jail you and seize every dollar and possession you had?

100,000,000:1 (there I go illegally gambling again) the prosecutor would tell the court that you should not be allowed to profit from illegal activity even if you didn't know it was illegal and that you had a (unwritten) responsibility to verify your tenants' income when 'taxing' it. They would also claim that you were enabling/encouraging/condoning it by accepting the money, especially if you knew where it came from.

How is government any different? How are they not condoning the illegal activity when they demand to be paid for it?
The various governments should not be allowed to profit from illegal activity anymore then you or I can.

 
phartlick 2009-04-12 02:35:03 PM  
yeah im pretty confused how its legal to tax something illegal

 
Mad-n-FL 2009-04-12 02:43:20 PM  
If he is 47 million in debt, he should start a bank.

 
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