Tenn. appellate court says drug tax is unconstitutional

Thanks to TalkLeft for noting Waters v. Chumley, a Tennessee Court of Appeals decision holding that the Tennessee Drug Tax is unconstitutional because it taxes an illegal activity. I know there was some litigation about the nature of the Kansas Drug Tax early after its passage, but this may provide some momentum to look at it again. It generally needs to be raised in the district court to raise it on appeal, so if you are looking for something to litigate in one of these cases, give it a look over. And you might comment on whether you think there is any room for new arguments in Kansas.