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REHG v. ILLINOIS DEPT. OF REVENUE

No. 72374.

605 N.E.2d 525 (1992)

152 Ill.2d 504

178 Ill.Dec. 731

Timothy K. REHG, Appellee, v. The ILLINOIS DEPARTMENT OF REVENUE et al., Appellants.

Supreme Court of Illinois.

October 22, 1992.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Springfield (Rosalyn B. Kaplan, Sol. Gen., and Susan Frederick Rhodes, Asst. Atty. Gen., Chicago, of counsel), for appellants.

Mark D. Lipton and James M. Mullady, Meyer, Capel, Hirschfeld, Muncy, Jahn & Aldeen, P.C., Champaign, for appellee.

Justice BILANDIC delivered the opinion of the court:

The plaintiff, Timothy K. Rehg, brought an action in the circuit court of Champaign County seeking a declaration that the Cannabis and Controlled Substances Tax Act (the Act) (Ill.Rev.Stat.1989, ch. 120, par. 2151 et seq.) was unconstitutional on its face and as applied to him. That statute imposes a tax on the transfer of marijuana and controlled substances. Following a hearing, the circuit court entered...

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