
                         THE VIRGINIAN-PILOT
                 Copyright (c) 1994, Landmark Communications, Inc.

DATE: TUESDAY, June 7, 1994                    TAG: 9406070353 
SECTION: FRONT                     PAGE: A2    EDITION: FINAL  
SOURCE: WASHINGTON 
DATELINE: 940607                                 LENGTH: Short

SUPREME COURT RULES AGAINST TAXES ON DRUG POSSESSION

{LEAD} States cannot add drug-possession taxes to criminal penalties for people convicted of drug crimes, a divided Supreme Court said Monday. The ruling marked the first time the court has concluded a tax can amount to double jeopardy.

Most states impose taxes on people already convicted of drug possession, and the 5-4 decision striking down Montana's tax casts doubt on those laws.

{REST} Such taxes are barred by the Constitution's ban on double punishment for the same crime, the court said.

In other action, the court:

Left intact a ruling that barred a public school district in Virginia from charging church congregations higher rents than other noncommercial groups for the weeknight or weekend use of school buildings.

Revived a lawsuit by a transsexual inmate allegedly raped in Indiana by ruling that prison officials can be sued successfully if they knowingly disregard excessive risks of harm confronting prisoners.

{KEYWORDS} U.S. SUPREME COURT DECISION by CNB