The Texas Tax Code requires our State comptroller to produce tax stamps for controlled substances. Theoretically, you buy these stamps and then place them on your bag of weed, meth, or crack.
How much are these stamps? $200 per gram for eachcontrolled substance except for pot. Pot is a much more reasonable $3.50 per gram.
For some reason Texas laws refer to marijuana as marihuana. Where did they get that spelling?
Does the comptroller just fax buyer information to the cops? They are not supporsed to. It is illegal (class B misdemeanor) for the comptroller to release a buyer’s information. However, I am not sure the State would be interested in prosecuting such a case.
Not A Defense
If you do buy these stamps, your drugs are not legal. From the tax code-
Nothing in this chapter provides a defense or affirmative defense to, exception to,
or immunity from prosecution under the penal laws of this state relating to controlled substances, counterfeit substances, simulated controlled substances, or marihuana.
These taxes are obviously not meant to generate revenue. They are merely another tool to take money from defendants. The real crime is the sales tax Texas loses on the daily marihuana sales in our state. Instead of wasting millions on incarceration we should be generating revenue.