Marijuana tax challenge headed to court

DENVER - A handful of marijuana activists in Denver are making a curious legal challenge Friday.

They believe that pot should be legal under federal law. But because it isn't, they say the state of Colorado can't collect taxes on the drug.

The tax challenge is going before a Denver District Court judge Friday morning, who may dismiss the lawsuit.

Colorado pot taxes that can run higher than 30 percent in some jurisdictions. The question of how to tax pot has divided the marijuana community, some of whom argue that the taxes are too high to cut out the black market. Other marijuana activists support the taxes, which include a 12.9 percent sales tax and a 15 percent excise tax.

Colorado has raised $29.8 million in pot taxes since January. That includes medical and recreational pot.

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