Pubdate: Tue, 08 Jul 2014
Source: Seattle Times (WA)
Copyright: 2014 The Seattle Times Company
Contact:  http://seattletimes.nwsource.com/
Details: http://www.mapinc.org/media/409
Author: Ed Stern
Note: Ed Stern is a member of the Poulsbo City Council, the board of 
directors of the Association of Washington Cities and the Puget Sound 
Regional Council.
Page: A9

THE CASE AGAINST LEGAL MARIJUANA

A FEW weeks ago the Poulsbo City Council unanimously voted to 
institute a ban on recreational marijuana businesses and collective gardens.

As Washington state's first legal recreational marijuana stores open 
this week under Initiative 502, Poulsbo will not be welcoming such 
retail operations.

In voting to ban such businesses, Poulsbo joined a handful of other 
cities in Washington, including Wenatchee, Centralia and Fife. A 
state attorney general's opinion in January stated that Initiative 
502 did not preclude local government authority to regulate matters 
within its jurisdiction.

Each community cited various reasons for their decisions, ranging 
from federal law to health and safety concerns - real or perceived. 
But none of these were Poulsbo's concern.

Reaction was swift from some quarters regarding Poulsbo's ban, best 
exemplified by an interview I participated in with Seattle's KIRO 
radio that attempted to find out why we as elected council members 
were "thwarting the will of the voters."

The surprising answer to that question was: We as a council 
representing our citizens were attempting to carry out the will of the voters.

How can that be? It's not just political double-talk.

The truth of the matter is buried in state history. The direct 
parallel to today's marijuana legalization is the end of alcohol 
prohibition in 1933. The first thing the state Legislature did back 
then was sit down with the cities and counties and figure out how to 
responsibly share the burdens and cost of regulation, inspection and policing.

Why? Simple: Nobody lives on a state level. Nobody shops on a state 
level. Everybody, including our state legislators, must live in a 
local community and shop in a local community.

In other words, the impacts of the end of alcohol prohibition, as is 
the case of marijuana legalization, happened where people lived and 
shopped - on the local level, not some abstract state level.

Yet unlike 1933, Washington state chose not to share one dime of 
revenue from the 25 percent marijuana excise tax with the impacted 
cities and counties of our fair state - or what used to be a fair state.

While cities will collect local sales taxes and local 
business-and-occupation taxes, which Poulsbo does not have, that 
revenue would not cover the real costs and burden for cities: the 
cost of adopting local regulation of marijuana businesses, inspecting 
these premises and most important ensuring the safety of both 
producers and customers through good community policing and support.

A long history of local and state government sharing in the burdens, 
costs and the revenues through taxes of these and other activities 
has largely fallen by the wayside over the course of the Great 
Recession, even though it impacted all levels of government.

Poulsbo's City Council finds the state's grab of the 25 percent 
excise tax charged on marijuana at each of the three steps of 
producing it for market to be unconscionable. Poulsbo's City Council 
finds the 2.2 percent share of the 8.7 percent state sales tax that 
the city receives on all transactions charged to our citizens at 
point of sale for any item to be far too little.

The state Legislature will do what it sees fit. Local government by 
the same token must do what it does, to ensure that the voters' will 
is carried out responsibly. As I said to disgruntled voters: Don't 
get mad at your local council, call your state legislator. If the 
Legislature would reconsider, Poulsbo would too.
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MAP posted-by: Jay Bergstrom