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Home > Legal Issues > Marijuana Tax Stamp Laws And Penalties > State Tax Stamp Data

State Tax Stamp Data


Alabama | Connecticut | Georgia | Idaho | Indiana | Iowa | Kansas | Kentucky | Louisiana | Massachusetts | Minnesota | Nebraska | Nevada | North Carolina | Oklahoma | Rhode Island | South Carolina | Tennessee | Texas | Utah


Top
 Alabama
Stamp
State Code §40-17A
Tax Rate $3.50/gram if owner possesses 42.5 grams or more
Penalty for Nonpayment (Civil and Criminal ) 200% of Tax Class C Felony
Additional Information

Tax withstood constitutional challenge in 1991 on the grounds of self-incrimination in Briney v. State Department of Revenue, 594 So. 2d 120.

Tax withstood constitutional challenge in 1994 on the grounds of double jeopardy in Milner v. State, 658 So. 2d 500.



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 Connecticut
Stamp
State Code § 12-651
Tax Rate $3.50/gram if owner possesses 42.5 grams or more
Penalty for Nonpayment (Civil and Criminal ) 200% of tax and up to $10k or 6 yrs prison or both
Additional Information

For more information, visit: http://www.ct.gov/drs/lib/drs/publications/pubsip/ip99(20.1).pdf



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 Georgia
Stamp
State Code §48-15
Tax Rate $3.50/gram
Penalty for Nonpayment (Civil and Criminal ) Misdemeanor
Additional Information



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 Idaho
Stamp
State Code §63-4203
Tax Rate $3.50/gram
$775/plant
Penalty for Nonpayment (Civil and Criminal ) 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.



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 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



Top
 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



Top
 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

For detailed information about the tax, visit: http://www.ksrevenue.org/faqs-abcdrugtax.htm



Top
 Kentucky
Stamp
State Code §138.872
Tax Rate $3.50/gram if owner possesses 42.5 grams or more
$1000/plant if owner possesses 5 plants or more
Penalty for Nonpayment (Civil and Criminal ) 200% of Tax and Interest and Class C Felony
Additional Information

Withstood constitutional challenge on the grounds of double jeopardy in Kentucky v. Bird, 979 SW 2d 515



Top
 Louisiana
Stamp
State Code §47:2601-47:2610
Tax Rate $3.50/gram if owner possesses 42.5 grams or more
Penalty for Nonpayment (Civil and Criminal ) 200% of tax and up to $10k or 5 years prison or both
Additional Information



Top
 Massachusetts
Stamp
State Code Ch. 64K, §4
Tax Rate $3.50/gram if owner possesses 40 grams or more
Penalty for Nonpayment (Civil and Criminal ) 200% of tax and up to $10k or 5 years prison or both
Additional Information

Found unconstitutional as double jeopardy in Commissioner of Revenue v. Robert Mullings, 428 Mass. 406; later amended to comply.



Top
 Minnesota
Stamp
State Code Stat. 297D
Tax Rate $3.50/gram
Penalty for Nonpayment (Civil and Criminal ) 200% of tax and up to $14k or 7 years prison or both
Additional Information

Withstood a constitutional attack on the grounds of self-incrimination in Sisson v. Triplett, 428 NW 2d 565.

For more information, visit http://www.state.mn.us/ebranch/mdor/reports/hndbk98.pdf



Top
 Nebraska
Stamp
State Code §77-4301
Tax Rate $100/ounce if owner possesses 6 ounces or more
Penalty for Nonpayment (Civil and Criminal ) 200% of tax and Class IV felony
Additional Information

Withstood constitutional attack on the grounds of self-incrimination in State v. Garza, 242 Neb. 573.

Withstood constitutional attack on the grounds of double jeopardy in State v. Detweiler, 249 Neb. 485.



Top
 Nevada
Stamp
State Code §372A.070
Tax Rate $100/g and $250 annual registration fee
Penalty for Nonpayment (Civil and Criminal ) 200% of tax
Additional Information

Found unconstitutional as double jeopardy in Desimone v. Nevada, 966 P.2d 405; later amended to comply.



Top
 North Carolina
Stamp
State Code §105-113.107
Tax Rate $3.50/gram if owner possesses 42.5 grams or more
$.40/gram stems
Penalty for Nonpayment (Civil and Criminal ) 140% of tax and interest
Additional Information

Found unconstitutional as double jeopardy in Lynn v. West, 134 F.3d 582; later amended.
For more information, visit: http://www.dor.state.nc.us/taxes/usub/substance.html



Top
 Oklahoma
Stamp
State Code §450
Tax Rate $3.50/gram
Penalty for Nonpayment (Civil and Criminal ) 200% of tax
Additional Information



Top
 Rhode Island
Stamp
State Code §44-49
Tax Rate $3.50/gram if owner possesses 42.5 grams or more
Penalty for Nonpayment (Civil and Criminal ) 200% of tax and up to $10k or 5 years prison or both
Additional Information



Top
 South Carolina
Stamp
State Code §12-21-5020
Tax Rate $3.50/gram if owner possesses 42.5 grams or more
Penalty for Nonpayment (Civil and Criminal ) 200% of tax and up to $10k or 5 years prison or both
Additional Information

Withstood constitutional attack on the grounds of double jeopardy in McMullin v. South Carolina Dept. of Revenue, 321 SC 475.



Top
 Tennessee
Stamp
State Code §67-4
Tax Rate $3.50/gram if owner possesses 42.5 grams or more
$.40/gram stems
Penalty for Nonpayment (Civil and Criminal ) 200% of tax and interest
Additional Information

Circa September 7, 2007, Tennessee’s tax stamp has been declared unconstitutional by the appellate courts, pending appeal to the state Supreme Court.



Top
 Texas
Stamp
State Code Tax Code Ch. 159
Tax Rate $3.50/gram if owner possesses 4 ounces or more
Penalty for Nonpayment (Civil and Criminal ) 200% of tax and 3rd Degree Felony
Additional Information

For more information, visit: http://www.window.state.tx.us/taxinfo/contr_sub/index.html



Top
 Utah
Stamp
State Code §59-19-103
Tax Rate $3.50/gram if owner possesses 42.5 grams or more
Penalty for Nonpayment (Civil and Criminal ) 200% of tax and 3rd Degree Felony
Additional Information

Withstood constitutional attack on the grounds of self-incrimination in State v. Davis, 787 P.2d 517

Found unconstitutional as a violation of double jeopardy in Brunner v. Collection Division of Utah State Tax Commission, 945 P.2d 687; later amended.


updated: Sep 14, 2005
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