Pubdate: Sun, 23 Sep 2007
Source: Tennessean, The (Nashville, TN)
Copyright: 2007 The Tennessean
Contact:  http://www.tennessean.com/
Details: http://www.mapinc.org/media/447
Author: Lars Hall

LEGISLATORS FIGURE OUT PROHIBITION DOESN'T WORK

To the Editor:

Tennessee lawmakers sought an end-around on self-incrimination in 
2005 when they became the 23rd state legislature to enact a tax on 
the possession of illegal drugs. Fortunately, the appeals court saw 
through this and overturned the tax as "arbitrary, capricious and 
unreasonable." ("Bredesen has doubts about tax on illegal drugs," Sept. 14)

Do I find the tax arbitrary? Not really. It seems to have a built-in 
target market. Do I find it capricious? Yes, if you mean that it was 
an impulsive and not-well-thought-out attempt to take advantage of 
people who are prone to a specific sort of "questionable" behavior; 
has a lower burden of proof than the criminal possession of the 
actual substance does; and only offers a very short means of redress 
(48 hours) to make it hard to satisfy the conditions of the law.

Do I find it unreasonable? Definitely, in that it offers no real, 
suitable alternative to tap into this giddily hoped-for revenue 
windfall that many of these people would gladly pay under other, 
legal circumstances.

So, hopefully one day, the legislature will address this taxation, 
without violating the Bill of Rights.  The only way to do that is to 
first decriminalize and then tax.

Prohibition doesn't work, and you would think the revenuers would 
know that by now in this state.

Lars Hall

Murfreesboro 37129 
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MAP posted-by: Richard Lake