Wednesday, 04/07/04
'Crack tax' targets illegal drugs, booze
By BONNA de la CRUZ
Staff Writer
Sponsor: Making dealers pay could net state millions
Moonshiners and illegal drug dealers in Tennessee should have to pay a state tax on their unlawful goods if caught by police, according to an East Tennessee lawmaker.
The state could generate $3.6 million in tax revenue and penalties in one year's time, said Sen. Randy McNally, R-Oak Ridge, a pharmacist who has dubbed the levy the ''crack tax.''
He said the estimate is based on 10% of the illicit drugs confiscated in the state. A note accompanying the legislation said the estimate is based on the number of drug arrests and the value of drugs seized by the Tennessee Bureau of Investigation and local law enforcement agencies in a fiscal year.
Tax rates would vary according to how the drugs are sold: a $200 tax for 10 doses of a controlled substance, such as the much-abused prescription painkiller OxyContin; $50 per gram of cocaine; $3.50 per gram of marijuana, excluding stems and stalks; and from $12.80 to $31.70 per gallon for illegal alcohol, depending on whether the alcohol is sold by the drink.
McNally said the legislation is modeled after a 1999 North Carolina law that has netted that state $6 million so far.
''It would be hard-pressed for an individual to argue we shouldn't tax drug dealers, given the tremendous cost they have to society and the state,'' McNally said.
The tax would be assessed when police or the TBI nab dealers red-handed, McNally said. Paying the tax would not provide immunity from criminal prosecution.
McNally pushed a similar bill without success several years ago and revived it this year as a way to make money to help combat the rise of methamphetamine use.
Sen. John Ford, D-Memphis, called the proposed tax ''asinine'' yesterday during a meeting of the Senate Finance Committee.
''I don't know anyone who'll have an illegal drug and tell law enforcement I want to pay my taxes,'' said Ford, adding that drug dealers will be penalized with jail time anyway.
McNally said he wants to try to get at their profits.
''We're taxing illegal drugs because North Carolina does it — they're not the smartest people in the world,'' Ford told McNally.
McNally responded that ''$6 million is a lot to leave on the table.''
The committee put off a vote for two weeks because Sen. Jim Kyle, D-Memphis, did not like McNally's idea of earmarking who gets the tax money.
As in the North Carolina law, McNally proposes that 75% of the tax money go to the law enforcement agency that makes the bust and 25% to the state general fund.
SB 2419 can be tracked at
www.legislature.state.tn.us.
Reach Bonna de la Cruz at 726-4892 or e-mail
[email protected].
http://www.tennessean.com/government/archives/04/04/49498192.shtml?Element_ID=49498192