Pubdate: Sat, 01 Mar 2014
Source: Yakima Herald-Republic (WA)
Copyright: 2014 Yakima Herald-Republic
Contact:  http://www.yakima-herald.com/
Details: http://www.mapinc.org/media/511
Author: Mike Faulk

YAKIMA CITY COUNCIL SUPPORTS SEEKING POT TAX REVENUE

YAKIMA, Wash. - The Yakima City Council has decided to support 
efforts to seek state tax revenue raised from marijuana sales.

The council made the decision Friday following a hectic 48 hours in 
which Mayor Micah Cawley's signature accidentally appeared on a 
letter from other mayors statewide supporting the measure, even 
though the entire council hadn't heard the proposal. Friday's special 
meeting was called specifically to address the issue.

Some council members initially planned to object to the proposal but 
voted unanimously to support it after they heard arguments from city 
staff and police that legalized marijuana will strain public resources.

At the heart of the debate was whether it would be hypocritical for 
the council, which banned the growing, processing and sale of 
marijuana within city limits, to seek tax revenue raised by 
businesses in cities that do allow them. But the five council members 
in attendance agreed with staff that easier access statewide could 
have a local impact on law enforcement.

"I'm prepared to defend cries of hypocrisy from now until whenever," 
Councilman Dave Ettl said.

City Manager Tony O'Rourke said he took the blame for accidentally 
authorizing Cawley's signature on a letter published Wednesday by the 
Association of Washington Cities, asking the state to share 
recreational marijuana taxes with cities.

"On this matter we dropped the ball. We're sorry for that," O'Rourke said.

Some council members, including Rick Ensey, were at first opposed to 
endorsing the letter, but said they had a change of heart.

"At first I thought it was hypocritical, but I can see the logic 
behind it," Ensey said.

Councilwomen Kathy Coffey and Maureen Adkison were absent.

The request for state tax revenue is open-ended with regard to 
whether it would come from state sales taxes or the 25 percent excise 
tax levied on growers, processors and retailers prior to sale. More 
than 80 percent of revenues from the excise tax were supposed to be 
earmarked for health, prevention and public safety programs under 
Initiative 502.

Possession of certain amounts of marijuana and marijuana-infused 
products remains legal for those 21 years or older everywhere in the 
state except on federal and tribal lands. Public consumption and 
driving under the influence of marijuana remain illegal under state law.

Yakima police Chief Dominic Rizzi said marijuana-related traffic 
offenses take officers more time because they require blood draws. 
Rizzi said it would be unfair for the state to not share the 
available revenue with all localities because marijuana-related 
offenses will increase across the state.

"It's an unfunded mandate that has funding," Rizzi said.

The city had no specific estimate of how much crime might increase 
with legal recreational marijuana. There were 360 DUI cases in Yakima 
in 2013, 72 of which involved blood draws that found 37 individuals 
under the influence of marijuana and eight under both marijuana and alcohol.

Alison Holcomb, criminal justice director for the ACLU of Washington 
and author of the initiative, said the law was written to dedicate 
funds to statewide public health and safety efforts, but she worries 
local governments are trying to skim some of that to boost their general funds.

She said it is hypocritical for cities that banned pot businesses to 
seek funds generated from those businesses. Holcomb said the Yakima 
City Council only contributed to the problems law enforcement may 
face when it voted in January to ban pot businesses.

"They're continuing to contribute to the problems of illegal sales 
and illegal activity, and they should not benefit from continuing to 
contribute to this problem," Holcomb said in a telephone interview 
from Seattle.

O'Rourke said the city will spend $30.8 million on police, 
prosecutors, jail and court costs this year, but those services will 
only generate $10.5 million. The rest comes from the city's general 
fund, and O'Rourke said more will be needed as marijuana becomes more 
available.

"Criminal enterprises will try to take advantage of the system," 
O'Rourke said. "Yakima is not out of line."
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MAP posted-by: Jay Bergstrom