Drug Tax Law: In Tennessee, First They Punish You, Then You Go To Court

[Egalia]

Police State Strikes In Tennessee: First They Punish You, Then You Go To Court

http://guerillawomentn.blogspot.com/2005/05/police-state-strikes-in-tennessee.html

Tennessee's drug tax, or Tax on Unauthorized Substances is no tax at all, rather it is punishment before you go to trial. If you are found guilty, you get yet more punishment. If you are found innocent, well, too bad, cause the Bill of Rights are null and void in Tennessee.

A family member just had all his money and cars seized for the marijuana tax; they put a lien on his house. He was busted over the weekend here in Nashville for a few baby-sized plants and a small amount of commercial weed.

I thought people were innocent until proven guilty in this country. This man is almost 60 years old; he is recovering from cancer. This mild-mannered, kind-hearted elderly man smokes marijuana to alleviate pain and depression. They have charged him with dealing and are taking everything he owns before he even goes to court!

Without a car, how does he go to work? Without money, how does he obtain a lawyer? Since he’s not in the best of health, all of this may be enough to kill him. They call it a tax, but it is obviously punishment. He was told that regardless of whether he is found innocent or guilty, he will not get anything back.

This is obviously unconstitutional, but do we even have a constitution any more?

I’ve been doing some frantic researching, but right now I don’t feel so good. I’ll post on this again later. (Apparently the same law or laws very similar have been ruled unconstitutional in some states.) If anyone has any knowledge or ideas on this, please share them. Right now, I just need to figure out how he can get some competent help. Or, how I can take all my family and friends to Canada.


Documenting the state of Tennessee's utter disregard for the constitutional rights of citizens - Links:

Tennessee’s new drug tax law - Tax on Unauthorized Substances law –became effective in January 2005. Public Chapter 803 SB 2419 - HB 2796

Description of law from TN Dept of Revenue

Say Uncle has a very interesting discussion of Tennessee’s unconstitutional drug tax law. He also has a copy of the TN form you are supposed to fill out, like if you are a drug dealer and want to notify the government that you are a drug dealer by paying "taxes" on your illegal substance.

[nothingshocksmeanymore]

1. Here's lawyers from NORML's site

http://www.norml.org/index.cfm?wtm_view=legal&Group_ID=4565

They can probably help

[Egalia]

2. thanks

I hope they can help when tbe state has all your money.

[nothingshocksmeanymore]

3. They can petition the court to release his assets

The site at NORML does not indicate that cultivation of fewer than 10 plants warrants such seizure. I would think they are pretty up to date on local laws.

[Egalia]

6. this is tennessee

where 53% of adults are illiterate, at least according to a recent study. I believe it. A police officer, Officer Nealy, told my daugher that she saw at least one "bogus charge" that they tacked on. They've exaggerated and multiplied everything, weak little baby plants are presumed to result in some ungodly amount of dope. I won't have all the details until tomorrow, but I know something is wrong when they take away everything you own before you go to court.

[mermaid]

4. Not Much Different Than

the Federal asset-forfeiture laws, which have repeatedly been used against people the Federal givernment wanted to break or punish. sometimes, the victims were guilty of no crime whatsoever. And were never even charged with one.

did you know that if you are carrying more than $10,000 in cash, the Feds can come and simply take it away from you, on the assumption that it is proceeds of drug sales?

and you'll play hell getting your money back, too!!

You could, for example, sell a car on e-bay...and drive to the location of your buyer. You sell the car for, say, $12,000. You buy a one-way plane ticket to get back home, since you don't have the car.

Because you bought a one-way ticket, same day...and with cash, you get singled out for "extra security." They find your money when they search you...and they confiscate it, on the assumption that it is proceeds of illegall drug sales.

Forget the fact you have the paperwork concerning the sale fo the car right there on your person. They won't see them and don't want to. They just want to grab the moeny...and they will do it, too.

and then you will play hell to EVER get your money back.

And I think THAT is a lot of what this extra airport security is REALLY all about. finding ways to confiscate people's stuff and money...and separating law-abiding citizens from their money and property, in order to fund a fascist regime.

[Egalia]

5. thanks

Mermaid, I feel so much better now.

What the F**k kind of country is this? I'd be so much happier if I thought this kind of thing went on only in the red states. But it's all the same damn country.

If any of you want to recommend this post for the front page, it might help. I can't think of anyway out of this nightmare other than suing the state. For that we need help.

[Philly Buster]

7. The war on drugs has been the war on the Constitution

Once the government had a foothold on ignoring parts of the Constitution, particuarly the 4th, 9th, and 10th amendments, the rest of the Constitution became fair game too.

Now some of the consequences of the forfeiture laws for drugs are expanded to other things, like DUI (NYC siezes cars without conviction) and NJ is thinking of passing a law which would allow police to confiscate your house and car for illegal gun possession. With a passage a a new gun law (Model so and so is now banned for example) a person can become an instant criminal and lose everything.

A few years ago a guy lost a $40,000 SUV that he had just purchased that day because after he got home from the dealer he had a few drinks in his home and later went out to the driveway and was playing with the stereo. A neighbor complained about the noise, the police came, and charged him with DUI and took the SUV.

[Egalia]

8. I guess the 'freedom on the march' just marched right out of the country

That helps explain why I can't get that old Beatle tune to stop running through my head, you know the one, Back in the USSR.

You guys aren't cheering me up much, heh heh. But I appreciate the support. I was thinking of moving to a blue state, but maybe the whole country is screwed. Seems like it these days.

Still looking for an org that wants to help us sue the state of TN.

[ridgerunner]

9. Welcome to Amerika

You might want to check out this site. http://fear.org/