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* There was an organized effort to fill up the comments at the end so I’m gonna disqualify entries 3 and 4.

That’s too bad, because we talk a lot about medical marijuana here and we had a question on tax returns by candidates last year, I think.

So, let’s kinda combine the two. Posted by Cassandra…

Can we tax the medical pot?

Discuss.

posted by Rich Miller
Friday, Apr 16, 10 @ 3:41 pm

Comments

Do we tax perscription drugs?

Comment by Chathamite Friday, Apr 16, 10 @ 3:42 pm
Yes, at the 1% rate.

Comment by Anonymous Friday, Apr 16, 10 @ 3:49 pm
We do tax alcohol to agreat degree.

If this is the path you want to take, then you need to stop the efforts to control the new crop of syntetic pot as well as any new recreational drugs.

Comment by Plutocrat03 Friday, Apr 16, 10 @ 3:49 pm
Legalized pot should be taxed…heavily. Medical marijuana should be treated like all other prescriptions.
Let me also say that while I voted for this topic, I am also very concerned about early childhood education. That topic deserves a lot of discussion before drastic decisions are made.

Comment by casual observer Friday, Apr 16, 10 @ 3:50 pm
===Medical marijuana should be treated like all other prescriptions.===

Prescription drugs aren’t taxed in Illinois.

Comment by Rich Miller Friday, Apr 16, 10 @ 3:50 pm
Rich,
Shhhh!! You may have just inadvertently given legislators an idea on how to get more money.

Comment by casual observer Friday, Apr 16, 10 @ 3:53 pm
Legalize it and tax it - not just for medicine. Just leave it in the hands of the local growers, not the big tobacco companies.

Comment by Dead Head Friday, Apr 16, 10 @ 3:56 pm
35 ILCS 520 already taxes cannabis. I have always wanted to go in to the Dept of Revenue and ask for the required stamp. (Its been found unconstitutional, but if a form of cannabis would be legalized, then I don’t think it would be unconstitutional anymore.)

Comment by krazymoe Friday, Apr 16, 10 @ 4:00 pm
Pfffffft….whateeevvvver, dude….cough….

Comment by You Go Boy Friday, Apr 16, 10 @ 4:04 pm
It would seem that it would not be subject to the general sales tax in Illinois because it would be prescription medication, but it could still be subject to a tobacco-like excise tax if sold in that form.

Comment by George Friday, Apr 16, 10 @ 4:04 pm
I can’t figure how you can tax a substance that is still banned on the federal level.

Comment by wordslinger Friday, Apr 16, 10 @ 4:11 pm
I think the question may be a little misguided.

“Can we tax the medical pot?”
I don’t think anyone talks about TAXING the MEDICAL pot.

There’s two issues here- I think the mainstream view is that medical marijuana should be legalized, but to tax it would be ridiculous. That would be equivalent to taxing prescription drugs.

But taxing non-medical pot? That’s the much more mainstream question. Many view it as a way to help close the budget gap.

I guess more appropriate questions would be-
“Should medical marijuana be legalized?”

or “Should marijuana be legalized and taxed?”

Comment by Matt Friday, Apr 16, 10 @ 4:12 pm
I basically frown on taxes, but I wouldn’t be opposed to a tax on marihuana (yeah I spelled that right). Why not treat this drug like alcohol? Assuming that in this state alcohol is taxed.

Comment by Levois Friday, Apr 16, 10 @ 4:16 pm
BTW, if marihuana is used for a medicinal purpose then that should be treated like prescription drugs. Rx drugs are not taxes as Rich Miller just stated.

Comment by Levois Friday, Apr 16, 10 @ 4:17 pm
===I can’t figure how you can tax a substance that is still banned on the federal level.===

The state required the purchase of marijuana tax stamps during the Thompson administration. It was supposed to be an add-on penalty for dealers and such. It was declared unconstitutional by the state supreme court.

Comment by Rich Miller Friday, Apr 16, 10 @ 4:17 pm
There is no such thing as medical pot. Pot isn’t medicinal anymore than whiskey is medicinal.

Comment by VanillaMan Friday, Apr 16, 10 @ 4:22 pm
I’m waiting for VanillaMan to compare pot to meth. That always makes my day.

Plus, I love how this subject always brings out conservatives who insist the government must take this substance out of our hands for our own protection. Just say no, war on drugs, if we allow pot, what’s next — heroin?

This is one time when the true conservative position should be to legalize pot. That is, if conservatives even know what they stand for these days. Somewhere Bill Buckley and Barry Goldwater are weeping over what’s become of their Republican Party.

Of course it should be legal for doctors to prescribe to patients in need. My mom had to turn to a neighbor’s high school son to get the pot her doctor told her might help with her symptoms from colon cancer treatment. She had to break the law, and ask a high school kid to break the law to help her. Are they criminals?

I’m not persuadable. I can be a zealot on this issue, but I’ll spare you all the lectures and simply ask opponents: why are you afraid of this?

Comment by 47th Ward Friday, Apr 16, 10 @ 4:22 pm
There is no such thing as medical pot. Pot isn’t medicinal anymore than opium is medicinal.

Oops.

– MrJM

Comment by MrJM Friday, Apr 16, 10 @ 4:27 pm
From Section 2-10 of the Retailers Occupation Tax Act
With respect to food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics, for human use, the tax is imposed at the rate of 1%.

Comment by Anonymous Friday, Apr 16, 10 @ 4:28 pm
Not a sales tax, but a certain amount per prescription as a “regulatory fee”….

Comment by Vote Quimby! Friday, Apr 16, 10 @ 4:33 pm
=Pot isn’t medicinal anymore than whiskey is medicinal.=

OK. Then how about a Cannabis tax to subsidize federal borrowing? Hamilton took the pain in 1791. Surely the current bunch in DC can take it today.

Comment by Brennan Friday, Apr 16, 10 @ 4:33 pm
VM,
So when my daughter is nauseous from her shots she should drink a shot of whiskey? If she says smoking a little pot eases her symptoms and makes the little things that you and I take for granted more bearable why would you question that. Her neurologist has many anecdotes from others that say the same, and he even encourages it to those who ask. Will you argue with him?

Comment by Anonymous Friday, Apr 16, 10 @ 4:37 pm
Vanillaman- tell that to the countless doctors, researchers, and medical organizations that say it does have medical value.

Often times these patients get stuck with opiate-based pain killers. These have nasty side effects, don’t always do the job, and include some of the most addictive drugs ever created.

Hell, THC has been made into a legal pill before (Marinol). Although it wasn’t nearly as effective as marijuana itself, it goes to show there is a medical benefit.

Comment by matt Friday, Apr 16, 10 @ 4:38 pm
Rich, A procedural caveat - Do you have any external evidence of ‘ballot stuffing’ for ECE? I read the comments that you did post, and nearly all of them had some actual reasons behind their choice. Possibly just a groundswell of reason in the democracy of this blog?

Comment by erstwhilesteve Friday, Apr 16, 10 @ 4:40 pm
=I’ll spare you all the lectures and simply ask opponents: why are you afraid of this?=

Why are you afraid of reducing tax rates? Why are you afraid of reducing government services? Why are you afraid of reducing the size and scope of government? Why are you afraid of free people participating in free markets?

You know whose idea it was to put the state in charge of these affairs right?

Catholics, Jews, and African-Americans were largely opposed to such state measures, but the filthy, awful, racist, oppressive progressives were all for it.

Comment by Brennan Friday, Apr 16, 10 @ 4:44 pm
===any external evidence of ‘ballot stuffing’===

Yep. A whole bunch of IP addresses pointing to a single association.

Comment by Rich Miller Friday, Apr 16, 10 @ 4:45 pm
Sure, tax the ‘medical’ pot to the gills, that way the supply chain will stay illegal.

‘Medical’ pot is a joke. If people want pot legalized so they can get a ‘real cool high’, just say it and let ‘em vote.

Comment by Park Friday, Apr 16, 10 @ 4:45 pm
===Pot isn’t medicinal anymore than whiskey is medicinal. ===

From the BBC…

===A large shot of whisky can help protect against heart disease, scientists have claimed. ===

Comment by Rich Miller Friday, Apr 16, 10 @ 4:50 pm
===filthy, awful, racist, oppressive progressives were all for it.===

And, yet, you are wholly opposed to re-legalizing it. Interesting.

Just sayin…

Comment by Rich Miller Friday, Apr 16, 10 @ 4:52 pm
I know voting’s closed, but I think the Brady/tax return story is worth pursuing. Also, there’s a pretty good TEA party music video out — holy smokes:

http://vimeo.com/10969400

Comment by Chicago from the Lake Friday, Apr 16, 10 @ 4:53 pm
So if legalizing medical marijuana is fiscally neutral (no cost/no revenue) what is the legitimate opposition?

Comment by Anonymous Friday, Apr 16, 10 @ 4:58 pm
Medicinal pot is an oxymoron.
You want pot legalized, then push for that.
Don’t hide behind ridiculous arguments that we need to smoke weeds to deliver the active chemical compounds within them. How about some modern medicine, circa 1900 at least?

This ruse has been nothing more than a public acceptance of another social vice, and nothing more.

Stop the sillyness.

Comment by VanillaMan Friday, Apr 16, 10 @ 5:04 pm
===Why are you afraid of free people participating in free markets?===

To help you stay on topic Brennan, why on earth do Republicans continue to oppose the free market when it comes to marijuana? The drug war is the biggest anti-free market idea that’s ever been proposed in the history of western civilization. As a public policy, it is a complete disaster. Drugs are cheaper, more available and more potent. Nice work guys.

Instead of regulating what appears to be a huge market, the Republicans launched a war that targets US citizens (who are the biggest consumers) and devastated huge swaths of the developing world’s agricultural potential.

Whether you like it or not, the drug market exists Brennan. Producers and finding buyers. Unfortunately in this case, it’s called the black market and criminals and terrorists are the ones profiting from US consumption of illegal drugs instead of legitimate businesses and taxpayers.

But this subject is about medical use of marijuana, so I’ll ask again: why are you afraid of allowing patients to use marijuana to ease suffering? What is the worst thing that might happen?

Comment by 47th Ward Friday, Apr 16, 10 @ 5:05 pm
“So if legalizing medical marijuana is fiscally neutral (no cost/no revenue) what is the legitimate opposition?”

It could lead to further decriminalization of drug use and perhaps, one day, the eventual closing of some downstate prisons.

And we can’t have that!

– MrJM

Comment by MrJM Friday, Apr 16, 10 @ 5:12 pm
Absolutely tax and regulate pot.

Take a bite out of crime by getting rid of the black market. No one knows Chicago history can endorse this prohibition.

Take a bite out of the deficit that threatens lives and livelihoods in our state.

Take a bite out the pain suffered by seriously ill and the chronically achy.

Take a bite out of the great recession by giving our farmers a new crop to grow.

What is taking so long? Must the state government completely collapse first?

Comment by Chicago Sense Friday, Apr 16, 10 @ 10:25 pm
Rich Whitney, the Green Party candidate for Illinois Governor, has a definite position on the legalization and taxation of marijuana; and in fact, he has tied it, in small part, into his budget plan:

http://www.youtube.com/watch?v=qGc8M1AwSbk

Comment by Squideshi Monday, Apr 19, 10 @ 1:59 pm
Before anyone else comments, I feel like I need to emphasize that legalization and taxation of marijuana is only a SMALL part of Whitney’s budget plan. It was something like bullet point number 6.

Comment by Squideshi Monday, Apr 19, 10 @ 2:03 pm