200% of tax and punishment for tax evasion to the same extent as poss. of marijuana
Additional Information
Tax found to violate protection against self-incrimination in State of Idaho v. Smith, 120 Idaho 77. Purchase of stamp must now remain confidential.
Indiana
Stamp
State Code
§ 6-7-3-8
Tax Rate
$3.50/gram
Penalty for Nonpayment (Civil and Criminal )
200% of Tax
Additional Information
Tax found to violate double jeopardy protections in Fassinger v. State, 656 N.E.2d 1163. As a result, tax stamp violations must be processed separately from criminal proceedings.
The lack of due process and the Department of Revenue’s levying of the tax for constructive possession alone were challenged unsuccessfully in Hurst v. Department of Revenue, 720 N.E.2d 370 (Ind. Tax. 1999) and Hall v. Department of Revenue, 720 N.E.2d 1287 (Ind. Tax 1999).
For more information, call the Department of Revenue’s Criminal Investigations Division at (317)232-3360
Iowa
Stamp
State Code
§435B
Tax Rate
$3.50/gram if owner possesses 42.5 grams or more $750/plant
Penalty for Nonpayment (Civil and Criminal )
200% of Tax and interest and Class D Felony
Additional Information
Kansas
Stamp
State Code
K.S.A. 79-5201
Tax Rate
$3.50/gram if owner possesses 28 grams or more $.40/g wet plant $.90/g dry plant
Penalty for Nonpayment (Civil and Criminal )
100% and interest
Additional Information
Withstood constitutional challenge on the grounds of double jeopardy in Kansas v. Gulledge, 257 Kan. 915
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