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Drug Tax Ruled as Form of Punishment

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From Times Staff and Wire Reports

The Texas Court of Criminal Appeals ruled that drug offenders cannot be forced to pay the state’s costly tax on confiscated drugs and still face jail or other criminal penalties. It said the tax is a form of punishment and that pursuing criminal charges in addition to the tax violates the constitutional protection against double jeopardy, or being punished or prosecuted twice for a crime. The ruling came in the case of Mark Stennett of Houston, who was slapped with $49,070 in marijuana taxes and penalties.

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