Pubdate: Thu, 14 Aug 2003
Source: Seattle Post-Intelligencer (WA)
Copyright: 2003 Seattle Post-Intelligencer
Contact:  http://www.seattle-pi.com/
Details: http://www.mapinc.org/media/408
Author: Maureen Brown
Note: Maureen Brown practices law in Wenatchee.

LEGALIZE, TAX MARIJUANA TO FILL BUDGET GAP

As every state faces a budget crisis and our Legislature repeals
voter-approved initiatives to fill the budget gap, creative solutions
are needed. A lucrative idea yet to be proposed is to legalize and tax
marijuana.

While seemingly a radical leftist idea, legalizing and taxing
marijuana would not only help close the hole in the budget but also
provide much-needed jobs and help to farmers. Domestically grown
marijuana is the second largest cash crop in the United States, behind
only corn.

The end to marijuana prohibition would merely require the rescheduling
of marijuana from a Schedule I to a non-scheduled drug, similar to
alcohol, nicotine, caffeine or ibuprofen. Once the federal government
had decriminalized marijuana, all states would have the option of
legalizing it. States could either be "smoky" or "clear," similar to
"wet" and "dry" locales after Prohibition ended in the 1930s. In
addition, counties or municipalities could be "clear" jurisdictions if
they so chose.

A model for how marijuana would be sold and how the taxes would be
collected is the state liquor system. Here, liquor may be sold only by
the bottle in state-run liquor stores. There is an excise tax on the
liquor and a sales tax is charged to all non-industry customers.

Similarly, marijuana would only be sold in state-run stores, possibly
in current liquor stores. Ordinary customers could pay a variety of
taxes on the marijuana bought there, including a federal excise tax, a
state excise tax and a sales tax. Customers also would have the option
of going to marijuana bars, possibly including current alcohol bars,
to buy marijuana to be smoked there.

By legalizing this drug, the government would save the money it
currently spends fighting the war on marijuana. The federal government
spends $19.2 billion every year in fighting the war on drugs; state
governments combined spend $77.8 billion every year in this effort.
Conservatively estimated, 20 percent of the government's war on drugs
expenditures goes toward marijuana. Assuming that Washington state
spends one-fiftieth of the states' combined expenditure, this means we
spend somewhere around $300 million to fight marijuana.

The government could also raise revenues by placing an excise tax on
marijuana, much like the excise taxes imposed on alcohol and
cigarettes. A federal excise tax of 6 percent on the $11 billion U.S.
consumers spend on marijuana every year would produce $660 million for
the federal government. Similarly, Washington could impose excise and
sales taxes on marijuana. If Washingtonians smoke one-fiftieth of the
total marijuana smoked in the United States, we consume $220 million
worth of marijuana every year. A 6 percent excise tax would bring in
$13.2 million every year for the state. The average state and local
sales tax is around 8 percent, which would bring in another $17
million every year.

Yet another source of revenue would be from taxing all the income
derived from the marijuana industry that currently goes unreported. In
a nation with legalized marijuana, many workers would earn income from
the marijuana industry, among them agricultural workers, farmers,
factory workers, salespeople and CEOs.

Assuming that the $11 billion gross sales of marijuana would generate
half that much in taxable income, the government could tax an
additional $5.5 billion of income. The federal income tax rate varies
due to taxable income and deductions, but assuming a 20 percent
average tax rate and $5.5 billion in marijuana income, the federal
government could collect $1.1 billion in income taxes every year.

In addition, the federal government could bring in $382 million in
FICA taxes. Forty-one states have an income tax. In states with income
taxes, they range from 0.36 percent in Iowa's lowest bracket to 25
percent in Rhode Island's highest bracket. Assuming an average tax
rate of 5 percent on income from the marijuana industry, the states
combined would bring in $275 million. Washington state does not have a
state income tax, so it would not gain any extra revenue when the
income from marijuana became taxable.

Adding up all the numbers, the federal government would have
additional revenues of $6 billion a year and the states an additional
$17 billion for a combined total of $23 billion a year. This money
could pay for the entire food stamp program, provide a tax rebate of
approximately $150 per taxpayer per year or pay for a war with an axis
of evil regime. Washington state's portion of the marijuana pie would
be $330 million; that might not be enough to solve our next budget
crisis, but it is a start.
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MAP posted-by: Derek