Oklahoma Supreme Court Finds New Tobacco Tax Unconstitutional

(August 11, 2017, 1:34 PM EDT) -- OKLAHOMA CITY — The Oklahoma Supreme Court on Aug. 10 found that a tobacco tax labeled as a “smoking cessation fee” is a revenue-raising tax because the money generated from it is being used to balance the state’s budget and, therefore, that it should be stricken in its entirety (James P. Naifeh, et al. v. State of Oklahoma, et al., No. 116102, Okla. Sup.).

(Opinion available. Document #04-170816-009Z.)

Raising Taxes

In February, Gov. Mary Fallin asked the state legislators to raise “sufficient revenues to meet the...
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