Jump to content

Federal Lawsuit Questions If Wa Can Tax Marijuana


Recommended Posts

Seattle -- A federal lawsuit is challenging Washington state’s authority to tax marijuana as long as marijuana remains illegal under federal law.

 

The case arises from the state’s attempt to collect sales taxes from a medical marijuana dispensary. But lawyer Douglas Hiatt, who filed it late Thursday, said it could throw a wrench in Washington’s plans for collecting taxes on recreational marijuana, too.

Read More...

Link to post
Share on other sites

Just the thing to put the brakes on state legislatures adopting it. Fools

 

I'm not sure who are the fools here? Is the guy foolish for not paying taxes because of issues relating to self-incrimination, or because he is bringing a federal lawsuit to address his legal problem and to help clarify this totally screwy state/federal legal divide?

 

And the state legislatures are "adopting it" because that has been the will of the people in the relevant states.

 

You'da think that those governors would be needling the Obama administration to get cannabis off of Schedule 1. It would certainly solve their tax problems, among other things. 

 

z

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
  • Similar Content

    • By trix
      Washington and Colorado -- The first two states to legalize recreational marijuana have collectively raked in at least $200 million in marijuana tax revenue, according to the latest tax data -- and they're putting those dollars to good use.
       
      In Colorado, after about a year and a half of legal recreational marijuana sales, the state has collected more than $117 million in excise taxes from both the recreational and medical marijuana markets, according to the most recent data from the Colorado Department of Revenue.

      Read More...
    • By trix
      Washington, D.C. -- State lawmakers are calling on the federal government to change its drug laws to let states experiment with marijuana and hemp policy.
       
      The National Conference of State Legislatures, the de facto bipartisan group of lawmakers, passed a resolution at its annual meeting Thursday calling on the federal government to amend the Controlled Substances Act to authorize state marijuana laws and on the administration to keep its nose out of state pot policies.

      Read More...
    • By trix
      USA -- Every morning, former Air Force senior airman Amy Rising makes breakfast for her second-grader, drives him to school and returns home to prepare what she calls her medicine.
       
      She suffers from severe anxiety after four years working in the frenetic global command center at Scott Air Force Base in Illinois, coordinating bombings and other missions in Iraq and Afghanistan. Rising says she has found a treatment that helps her cope. But her local Veterans Affairs hospital does not provide it — because her medicine is a joint.

      Read More...
    • By trix
      Washington, D.C. -- In its bid to fend off congressional interference with a pending marijuana decriminalization law, the District might have prompted President Obama to make an interesting declaration.
       
      The White House on Monday said it “strongly opposes” the amendment attached last month to the House spending bill that includes the D.C. budget. The amendment, offered by Rep. Andy Harris (R-Md.), would bar the District government from spending any money on provisions that weaken its drug laws.

      The Harris Amendment, the Obama administration says, “undermines the principles of States’ rights and of District home rule” — which, setting aside the fact that the District is not a state, explicitly suggests that the White House believes marijuana policy should be left to individual jurisdictions.
       
      The Drug Policy Alliance, a national advocacy group, called that a “groundbreaking policy position” in a news release. “It is great to see the White House accepting that a majority of Americans want marijuana law reform and defending the right of D.C. and states to set their own marijuana policy,” said Bill Piper, the group’s director of national affairs. “The tide has clearly shifted against the failed war on drugs and it’s only a matter of time before federal law is changed.”
       
      The administration statement is not a total surprise: It is in keeping, for instance, with the Justice Department’s express hands-off policy toward local marijuana liberalization efforts across the country, and Obama has made comments tolerating the legalization laws in Colorado and Washington as “experiments.” But framing the debate as a matter of “states’ rights” could have an effect on the national debate over cannabis laws.
       
      What may be of greater interest on the local level is that the White House statement also appears to endorse concerns that the Harris Amendment may have inadvertently legalized marijuana, saying the budget rider “poses legal challenges to the Metropolitan Police Department’s enforcement of all marijuana laws currently in force in the District.”
       
      The D.C. decriminalization law is set to pass through a congressional review period and take effect later this week. Should the Harris Amendment subsequently become law, police could be barred from enforcing the new law, which makes small-time marijuana possession punishable by a $25 civil citation, without having a local criminal statute left to enforce. City lawyers were tasked with examining the possible effects of the amendment, officials said last month, but the results of any review have not been released.
       
      The White House statement on the spending bill, which is now on the House floor, also includes opposition to restriction on local funding for abortions, the ban on federal funding for needle exchange, and cuts to the District’s college tuition grant program.
       
      If the House passes the budget bill as expected, its inclusion in any spending law would be subject to negotiation with Democrats, and Obama’s opposition could be helpful in that process. Del. Eleanor Holmes Norton (D-D.C.) called it “indispensable” in a Monday statement. But it is hardly a magic bullet: In a high-stakes 2011 budget negotiation, Obama famously traded away the District’s ability to spend locally raised tax funds on abortion in talks with House Speaker John A. Boehner (R-Ohio).
       
      Mike DeBonis covers local politics and government for The Washington Post. He also writes a blog and a political analysis column that runs on Fridays.
       
      Source: Washington Post (DC)
    • By trix
      Colorado's 40 casinos — and hundreds of others, including in the gaming mecca in Las Vegas — are bound by the same money-reporting rules that have made banks reluctant to let legal marijuana businesses open bank accounts, federal authorities now say.

      That means casinos can keep anyone associated with legal weed enterprises — from dispensary to grow operations — away from gaming tables anywhere in the country.

      And if they do allow them to play, casinos must file the same suspicious activity reports banks must file whenever they handle money derived from pot profits, according to the Financial Crimes Enforcement Network, a division of the U.S. Department of the Treasury.

      "FinCEN's guidance applies to all financial institutions covered under FinCEN regulations, including casinos," FinCEN's public affairs director Stephen Hudak told The Denver Post.

      Because the government says casinos are financial institutions, like banks, they must have stringent anti-money-laundering programs in place.

      Filing suspicious activity reports, or SARs, to crack down on money laundering by criminal and terrorist organizations is not new for casinos.

      What is new is that it now extends to the legal marijuana trade.

      While FinCEN in February announced how banks could work with legal marijuana businesses, the government only now realized it extends to casinos.

      That's in any casino in the country — whether in Colorado, Atlantic City or Las Vegas — on land, on water or on sovereign American-Indian soil. So a casino on the Las Vegas strip would, by law, have to pay attention to the owner of a marijuana dispensary in Colorado who heads there to gamble.

      Currently, 22 states have legalized the sale of medical marijuana and two — Colorado and Washington — have legalized recreational sales. Colorado and 41 other states have some form of legal casino gambling.

      The news — revealed June 12 at a Las Vegas conference directed at curtailing money laundering — has stopped state regulators and the casino industry in its tracks.

      "The (Colorado) Division of Gaming was unaware of the FinCEN guidance," spokeswoman Cameron Lewis told The Post. "Division management will be taking this matter under discussion."

      Similarly, the Colorado Gaming Association, the trade group that represents the state's casinos, was unaware of the requirement.

      "To my knowledge, we have not been contacted by FinCEN regarding any issues dealing with ... marijuana suppliers," executive director Lois Rice said.

      Like banks, casinos must "know their customer" and have some knowledge of their source of funds. The casino industry keeps close track of gamblers through a variety of methods including high-roller clubs, frequent-player programs and other in-house incentives.

      "Casinos most comply with the government's guidance on filing suspicious-activity reports" said Jim Dowling, an anti-money-laundering consultant.

      "Their alternative is to not conduct a financial transaction with these individuals who were involved directly, or indirectly in the MJ business," said Dowling, a former IRS agent who was also an adviser on money-laundering issues to the White House.

      Because marijuana is illegal under federal law, FinCEN's requirements for doing business with the marijuana industry modified how financial institutions are to file SARs.

      The reports must now reflect that clients are in states where marijuana sales are allowed.

      Although the pot industry saw it as a first step in obtaining banking services — and more recent efforts have included the theoretical creation of a marijuana financial cooperative — Colorado banks have mostly shied from opening the door too widely.

      The marijuana-specific reports would either identify the cannabis-related business or employee as legally operating under appropriate guidelines, identify them as one conducting suspicious activity, or as one where the casino has ended its banking relationship "in order to maintain an effective anti-money-laundering" compliance program.

      The seven-page guidance also notes a number of "red-flag" scenarios that would require a bank or casino to file a SAR, including for a customer "depositing cash that smells like marijuana" who might be trying to conceal involvement in marijuana-related business activity.

      "There are a number of ways money laundering can occur in a casino," Dowling said, "and keeping track of this is very labor-intensive."

      FinCEN Director Jennifer Shasky Calvery told attendees at the Las Vegas conference that it's no secret casinos are targets of organized crime.

      "Illicit actors are also looking to game the system so that they can move or hide funds among the many cash and non-cash transactions you conduct daily," she said. "Think about what happens each time a customer enters your casino. Often, the first thing a customer does is conduct a financial transaction — they buy chips. And the last action a customer takes is usually also a financial transaction — they cash out those chips."

      Casinos, like banks, must know who is bringing them money, she said, and meeting that obligation relies on the casino's ability to understand with whom it is doing business.

      "It's one thing when it's organized crime or terrorist money laundering, when the individuals might be unknown," Dowling said. "It's quite another matter when it's a licensed business and the individuals associated with it are indeed known."

      With a dispensary's difficulty in obtaining a banking relationship, casinos could become an easy substitute.

      For instance, "chip walking" — when chips are not redeemed — is a well-known problem at casinos. A marijuana business without a bank account could choose to pay its employees with casino chips, which are redeemed for cash, a transactions that is, by definition, now laundered.

      Chips purchased with marijuana-derived funds also can be redeemed for cash or a casino's check, which could then be deposited into a personal bank account.

      Though Colorado has a $100 limit on the size of a bet, there is no limit on how many chips a customer can purchase. FinCEN's rules require casinos to file SARs when it "knows, suspects, or has reason to suspect" a transaction is suspicious, but only when the amount of money involved — typically buy-ins or cash-outs — is at least $5,000, at once or in a single day.


      http://www.denverpost.com/marijuana/...owners-workers


×
×
  • Create New...