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Day One, Question One

OAKLAND, California (CNN) ? Oakland?s bid to become the first U.S. city to tax proceeds on medical marijuana passed Tuesday by a landslide vote.

About 80 percent of voters chose to impose the tax on Oakland?s medical marijuana facilities, according to the Alameda County Registrar of Voters.

Some celebrated the news at Oaksterdam University by hand rolling large marijuana cigarettes or stuffing cannabis into pipes. The school trains students for work in the medical marijuana industry.

?It is important because the city of Oakland is facing a massive deficit like many jurisdictions in California,? said Steve DeAngelo, a leader of one of the city?s cannabis clubs. ?And we decided to step up to the plate and make a contribution to the city in a time of need.?

DeAngelo is one of the people who lead the effort to get the tax approved and said his business will now have to pay more than $350,000 from the new tax next year.

Question 1: Would a Marijuana seller have standing to challenge the tax on Supremacy Clause grounds? Discuss.

Question 2: Is this tax provision proper under the federal constitution? Discuss.

Full post as published by Nuts & Boalts on July 22, 2009 (boomark / email).