Archive for Wednesday, January 22, 2014

Douglas County prosecutors not likely to pursue drug tax stamp charges in future cases

January 22, 2014

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Douglas County prosecutors will shift away from filing drug tax stamp charges after a recent Kansas Supreme Court ruling.

Douglas County District Attorney Charles Branson said his office would now typically file drug charges alone without tacking on additional charges of failure to purchase a drug tax stamp.

This comes after the Kansas Supreme Court ruled last month in a Salina case that a defendant can't be convicted of both possessing marijuana and possessing the same marijuana without a tax stamp.

Branson said adding tax stamp charges don't often enhance drug cases.

At issue is the 1987 Kansas drug tax stamp law, which allowed prosecutors to file separate drug and tax charges. But in last month's ruling, the Kansas Supreme Court decided that both offenses come from the same conduct, therefore constituting a single crime.

Comments

Rick Johnson 1 year, 4 months ago

Nope, but if caught with no drug tax stamp they sure can seize your property for those taxes!!

The Lawrence paper kind of forgot to mention that part!

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