Monroe County couple to face drug taxes instead of criminal case

State revenue department estimates tax penalty at around $30,000

HT report

Felony marijuana charges against a rural Monroe County couple are being
dismissed so the Indiana Department of Revenue can go after them for as
much as $30,000 in drug excise taxes.

Stanley G Figuered, 54, and Joanne R, Figuered, 48, or 8665 Graves Road
were charged in August with felony possession, cultivation and dealing of
marijuana and maintaining a common nuisance on Aug. 13.

The two were charged after an Indiana State Police flyover and field search
found marijuana plants being grown on their property. Harvested marijuana
also was found in bags.

In all, there were several ponds of marijuana, for which the Indiana
Department of Revenue could assess an illegal drug excise tax plus a 100
percent penalty for nonpayment. Deputy prosecutor Jeffrey Chalfant said the
tax and penalty the state revenue department has assessed is around $30,000.

But under a state Supreme court ruling the state no longer can pursue both
the tax and criminal prosecution against alleged drug offenders, because
the tax amounts to a second criminal penalty. Instead, the state must
choose which course of action to pursue.

So Chalfant has filed for dismissal of the felony charges against the
Figuereds "in the interests of justice," so the revenue department can
pursue the taxes. Under the law, the drug excise tax can be assessed
without any conviction for a drug crime, though it can be appealed.

Chalfant said the tax is a tougher penalty than the couple would likely
have incurred had the been prosecuted or convicted.