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Marijuana Businesses To Pay Taxes Violates Us Constitution


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CO Attorney Claims Requiring Marijuana Business to Pay Taxes Violates US Constitution

 

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Colorado Attorney Rob Corry is asking the Denver District Court to block marijuana taxes in Colorado, claiming that requiring marijuana businesses to pay taxes violates the Fifth Amendment of the US Constitution.  The Fifth Amendment protects people from self-incrimination.

 

Corry argues that by paying taxes, marijuana sellers and growers are effectively forced to incriminate themselves under federal law, which still considers marijuana to be illegal.

 

As a part of his case, Corry is seeking a preliminary injunction to block the state from collecting tax on marijuana.  If the injunction is denied, Corry plans to advise his marijuana shop clients to stop paying their taxes.  However, if shops do that, it is likely their retail licenses would be revoked by the state, forcing them to close and putting the country’s first legal marijuana system in jeopardy.

 

Corry’s lawsuit has the potential to backfire for marijuana advocates.

 

A strict interpretation of that argument could pave the way for Colorado’s own court system to find its state system for selling pot illegal.  Corry called that an outside chance, but didn’t seem concerned at the possibility.

 

The state attorney general’s office is not paying much attention to the sit.  Carolyn Tyler, spokesperson for Attorney General John Suthers stated, “Mr. Corry’s claims are bizarre and lack legal and logical consistency.  We will aggressively defend the state against any legal challenge.”

 

Corry has been known for his radical stance on marijuana in the past.  His opposition to the 2013 ballot question that enacted taxes on marijuana led to more scrutiny and stricter regulations of marijuana from the city of Denver, rather than eliminating taxes for marijuana businesses as Corry had hoped.

 

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