CO Attorney Says Marijuana Taxes Are Illegal

Colorado attorney argues marijuana taxes are illegal

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Last year, attorney Rob Corry, who helped author Amendment 64, the 2012 law that legalized limited recreational marijuana sales, campaigned against cannabis taxation measures by, among other things, co-hosting rallies featuring free joints.

Corry’s efforts fell short at the ballot box, so now he’s trying his luck at the courthouse. In a complaint filed this week in Denver District Court, Corry and other plaintiffs argue that special pot taxes should be eliminated and all the money paid to date be refunded.

The entire document is over at Westword.com, along with a summons to defendants such as Governor John Hickenlooper and Denver mayor Michael Hancock. (Plaintiffs include marijuana activist Kathleen Chippi and Miguel Lopez, founder of the Denver 4/20 rally.) But here’s the synopsis of the complaint:

Plaintiffs, through undersigned counsel, hereby petition and apply for injunctive and declaratory relief, and for a refund and damages, against Defendants and their collection and enforcement of illegal and unconstitutional Marijuana Taxes, as provided in Colorado Proposition AA and Denver Referred Question 2A.

It’s important to note at the outset that Corry isn’t against taxes on marijuana. However, he believes cannabis should be “taxed just like any other product — no more and no less. There should not be specific marijuana taxes.”

As it stands now, Colorado residents pay about 20 percent in sales tax, sometimes more.

More over from Michael Roberts over at the Denver Westword.