Johnson County Criminal Defense Blog
by Patrick Lewis
Kansas Marijuana Tax Stamps
December 2, 2012
Most people find it difficult to believe, let alone understand why, the State of Kansas thinks that people must pay taxes on marijuana. The average person on the street finds it incredibly stupid that people who possess marijuana are prosecuted for not having a tax stamp on their weed. More than that it is a felony.
They cannot charge a person with failure to have a tax stamp until he possesses over 28 grams of marijuana. And, to be fair, in Johnson County
the District Attorney will generally not prosecute this crime until the amount is substantially more, say half pound. But they could charge it at 28.1 grams.
But can you actually get a tax stamp? Absolutely, the state will happily sell you a tax stamp, as many as you would like really. The tax is $3.50 per gram, or portion of a gram. And because it is the government, if they catch you holding marjuana without tax stamps not only will they charge you the tax, but they will hit you with 100% penalty. And they are willing to take your property to get their money.
Will having a tax stamp on our weed save you from arrest and prosecution? Well, sort of, but not really. If you are found in possession of marijuana and you have afixed a tax stamp to the baggie you will not be prosecuted for a violation of K.S.A. 79-5208. However you should expect to be arrested, or at least given a ticket and ordered to appear in court, for possession of marijuana, a Class A misdemeanor on a first offense.
