Pubdate: Wed, 07 Apr 2004 Source: City Paper, The (TN) Copyright: 2004, The City Paper,LLC Contact: http://www.nashvillecitypaper.com/ Details: http://www.mapinc.org/media/3080 Author: Judith R. Tackett BILL WOULD TAX DRUG DEALERS Should Drug Traffickers Pay Taxes On The Illegal Substances They Sell? Proposed legislation would authorize the state to collect excise tax on controlled substances and alcoholic beverages that are illegally possessed. Bill sponsor Sen. Randy McNally (R-Oak Ridge) said his proposal was modeled after North Carolina law. The state of North Carolina has netted about $6 million annually during the past five years by taxing illegal substances, McNally said. The state would issue stamps that people dealing with illegal substances could buy in lieu of taxes. The stamp would not provide any criminal protection. In reality, nobody expects criminals to buy stamps for illegal substances but the state has to put some mechanism in place that criminals could access to meet the law. "About the only people that purchase the stamps are stamp collectors," McNally said. However, if arrested the possessors of illegal controlled substances would have to pay the amount of taxes owed and penalties for failing to pay taxes. McNally said the fiscal note on the bill talks about a net income of about $3.6 million per year for Tennessee; 75 percent would go to the state or local law enforcement agency that was involved in the findings of the illegal drugs and 25 percent would go to the state general fund. "This is money that I hope could eventually be used to fund things like increasing the penalties for methamphetamine and also the drug interdiction program on a state and local level," McNally said. Sen. Jim Kyle (D-Memphis) asked to defer the bill for two weeks to allow time to meet with the comptroller's office and address the issue as to where the collected fines would be going. "Years ago . we really tried to get away from earmarking essentially the bounties on particular activities of law enforcement," Kyle said. Kyle said it might be better if all the money collected from penalties went to the state's general fund. Sen. John Ford (D-Memphis) questioned how the proposed legislation could be enforced. He said any money seized during an arrest would be confiscated and could not be used to pay for back taxes. "I think the law we have right now is sufficient," Ford said. McNally said the bill would provide that the state could go after assets not tied to the criminal act for which the person was arrested. The calculation of back taxes would follow a schedule which suggests that, for example, for each gram of cocaine $50 would be owed, $200 for each unit of 10 of OxyContin, or $3.50 for each gram of marijuana, etc. The legislation will again be taken up in the Senate Finance Committee in two weeks. It currently is in the House Judicial Committee without any action scheduled. - --- MAP posted-by: Larry Seguin