Earlier this year, police found 517 marijuana plants growing in an isolated hollow in eastern Kentucky. Although investigators suspected Charles Thomas Jr., 23, who lived nearby in a trailer, they could not obtain enough evidence to arrest him.

Under a 1994 law that taxes marijuana dealers, however, Thomas is being required to pay the state more than $1 million, or $1,000 a plant. The law comes into play when police report on the seizure or discovery of illegal drugs. The tax assessment, which has brought in nearly $300,000 in revenue for the state, does not require a conviction to be enforced.

The law was upheld by the Kentucky Supreme Court, and was modeled on legislation in other states that passed scrutiny from the U.S. Supreme Court. But Thomas' lawyer, Doug Richards, filed a lawsuit challenging the provision of the law that requires suspected dealers to post a bond equal to the amount owed before they can file a protest.

"Our argument is that the tax completely blocks his access to the judicial system," Richards said. "We're not trying to strike down the tax itself."

State Rep. Stan Cave (R-Lexington), who sponsored the bill, acknowledged that the law may need to be revised if the bond requirement is too onerous.

The state has filed a response to Thomas' lawsuit, but Doug Dowell, a lawyer with the Revenue Cabinet's division of legal services, said details could not be revealed pending litigation.

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