Kansas Court Ruling Puts Skids On Drug Tax Stamp Law

By: Greg Palmer
By: Greg Palmer

WICHITA, Kan. (AP) _ A Kansas Supreme Court ruling has prompted prosecutors in one of the state's largest counties to dismiss some drug tax-stamp charges and vow to not file them in the future.

The court ruled last month in a Salina case that a defendant can't be convicted of both possessing marijuana and possessing the same marijuana without a tax stamp.

The Wichita Eagle reports Sedgwick County District Attorney Marc Bennett says he won't be filing new tax-stamp charges without exceptional circumstances.

The court's decision marks a reversal of an earlier ruling in which it upheld the 1987 Kansas drug tax-stamp law, calling one a drug offense and the other a tax offense.

Its ruling last month said both offenses arose from the same conduct, thus constituting a single crime.

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