Title 63-42

I am new to the board. Thank you for being kind enough to read this. I enjoy comments and feedback, "for by many counselors, victory is assured."

Law Students:

I found this in the library and made a purchase of two Tax Stamps according to this Act.

I spoke with an Attorney and he told me that the law is a novelty. It is interpreted as an absence law because, well, no one pays the tax upfront. The ACLU called it a novelty, A stamp for the collection at home.

Because of very strict rules by the Tax Commission, they could not tell me when the last stamp had been sold, however, the clerk had to hand write a receipt for me because their system had never had the Tax Stamp code programmed in. They also complained that the present system had to be replaced because it was so old. The law was written and passed in 1989-90.

I bought Two: Each can hold 42.5g of Harvested Marijuana, and according the the written word, "In addition to any other prohibition against possession of a controlled substance by Idaho Law, no person subject to a tax imposed in this chapter may possess a controlled substance, unless the tax has been paid as evidenced by a stamp or other official indicia." (p.2, Title 63-4204, Idaho Statute)

I understand the Controlled Substance Act is subject to (under jurisdiction) of Tax Control. Can anyone verify that?

The law will most certainly be seen again. Let us hope sooner than later.

Show this to your favorite "Stoner" Attorney and ask what he thinks.

The website is:
http://www3.state.id.us/idstat/TOC/63042KTOC.html

another state as well:
http://www.le.state.ut.us/~code/TITLE59/59_13.htm

Am I legal? I have to know..

I suggest you pose this question on the Straight Dope Message Boards. I have been a member there for a couple years, and there are are several practicing lawyers there with literally decades of experience between them. The board is well known for the quality of information to be obtained there. I suggest posting in the General Questions forum.

If it helps any, my own research indicates that the Marijuana Tax Act was repealed in 1970 and replaced with the Comprehensive Drug Abuse Prevention and Control Act of 1970, the parent of the Controlled Substances act. Thus, the tax stamps do not allow you to legally possess marijuana in any form. Your lawyer friend was correct.