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charge of poss.of CDS w/o tax stamp?


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#1 mommaneedshelp

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Posted 15 February 2010 - 03:18 AM

CAN ANYONE TELL ME EXACTLY WHAT THE CHARGE OF POSSESSION OF A CDS WITHOUT A TAX STAMP IS? 



#2 Tax_Counsel

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Posted 15 February 2010 - 06:43 AM

The specifics depend on the state bringing the charge and you did not indicate the state. However, there are some states that have imposed taxes on controlled substances. When the tax is paid, the person paying the tax gets a stamp to affix to the controlled substance package as proof the tax was paid. It may well be that possessing a controlled substance without that tax stamp on it is a crime in your state.


#3 mommaneedshelp

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Posted 15 February 2010 - 12:27 PM

ITS THE STATE OF OKLAHOMA.  HOW CAN SOMEONE BE CHARGED WITH THIS SPECIFIC CRIME WHEN THEY WEREN'T SELLING ANY CONTROLLED SUBSTANCES.  SO, HOW COULD THEY PAY ANY TAX IF NOTHING WAS SOLD? 


THIS PARTICULAR DA INVESTIGATOR HAS BEEN, BASICALLY, HARASSING MY SON FOR QUITE SOME TIME.  IS THERE ANYTHING WE CAN DO ABOUT THIS?



#4 Tax_Counsel

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Posted 16 February 2010 - 09:17 PM


mommaneedshelp said...
It’s the state of Oklahoma.  How can someone be charged with this specific crime when they weren’t selling any controlled substances.  So, how could they pay any tax if nothing was sold?


OK imposes a tax on the possession of controlled substances in 68 O.S. § 450.2. The tax is levied based on the amount of the drug possessed.  Under 68 O.S. § 450.3, this tax is payable by a "dealer" immediately upon acquisition or possession of a controlled substance in the state. The dealer must then immediately affix the tax stamps obtained from paying the tax to the drug packages. Each stamp may be used only once.

For this purpose, dealer "means a person
who in violation of the Uniform Controlled Dangerous Substances Act
manufactures, distributes, produces, ships, transports, or imports into
Oklahoma or in any manner acquires or possesses more than forty-two and
one-half (42 1/2) grams of marihuana, or seven or more grams of any
controlled dangerous substance other than marihuana, or ten or more
dosage units of any controlled dangerous substance other than marihuana
which is not sold by weight."

Thus, someone merely possessing a sufficient amount of a controlled substance can be considered a dealer even if the person was not involved in selling the drug to others. If that person did not pay the tax immediately upon possession or acquisition of the substance and affix the appropriate stamps, he or she is violation of the tax act.

There are both civil and criminal penalties for violating this act under 68 O.S. § 450.8. The civil penalty is 100% of the tax amount, in addition to the tax imposed. This effectively doubles the tax. The criminal penalty is a felony punishable by up to 5 years in prison, a fine of $10,000, or both.

I suggest that if you post further follow-ups, you not use ALL CAPS. Posts in all caps are a lot harder to read, and some folks may pass up your posts because of that.


#5 mommaneedshelp

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Posted 17 February 2010 - 11:06 PM

Thank you very much for the information you have given to me about my question.  It was very helpful.  I have just one more question for you.


Would having less than a half gram of meth follow under that charge?  Thats all my son he had.  Would our lawyer be able to get that charge dropped?


Thanks



Please keep all related posts together in one discussion thread rather than starting new threads.
You can add to an existing discussion thread by clicking the "Answer/Reply" button within the original question.



#6 Tax_Counsel

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Posted 18 February 2010 - 01:19 AM

mommaneedshelp said...

Would having less than a half gram of meth follow under that charge?  Thats all my son he had.  Would our lawyer be able to get that charge dropped?


Potentially the charge could be dropped. The definition of dealer would require that he had 7 grams or more of any controlled substance (other than marijuana) or 10 dosage units of the drug. So, just half a gram of meth shouldn't make him a dealer unless that was divided into 10 or more dosage units. Indeed, in one  in OK the appeals court reversed the conviction on the controlled substance tax charge because the state conceded that the amount of the drug found was less than the amount necessary to make him a dealer.


#7 Tax_Counsel

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Posted 18 February 2010 - 01:22 AM

My last sentence in the previous reply got garbled due to cutting and pasting, apparently. It should say:

Indeed, in one OK case the appeals court reversed the conviction on the
controlled substance tax charge because the state conceded that the
amount of the drug found was less than the amount necessary to make the defendant a
dealer.



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