Legal Marijuana in Washington State Blocked by Backlash

Soft Secrets
30 May 2014

Although legal Cannabis has yet to be sold, some areas of WA might have to wait longer than others, or even be completely denied access.


Although legal Cannabis has yet to be sold, some areas of WA might have to wait longer than others, or even be completely denied access.

Sales of recreational Cannabis were legalized in Washington state via the passage of voter-approved Initiative 502 (I-502) in November of 2012; unfortunately, actual distribution to the public has yet to become implemented. From January through May of this year, local restrictions on pot shops have become a serious issue for potential pot purveyors and their clients. Moratoria and outright bans on legal marijuana distribution have plagued the industry and delayed pot profits for everyone from business owners to investors and even the local infrastructure, which would likely benefit from taxes levied against weed and its related products.

Washington Initiative 502 Section 28 earmarks revenue generated by the law at specific cost amounts for administration of the program. Remaining revenue is to be divided over general public health, drug-abuse treatment, drug-abuse prevention, marijuana research and local research facilities [Credit: WikiMedia Commons]

Around thirty towns have enacted moratoria intended to last between six and twelve months; however, in a somewhat positive sign of slow acceptance, eleven towns have dropped such scheduled delays to legal dope dispersal.

On top of lost tax revenue, investors have also been injured by such bans, including a reservation-wide prohibition of Cannabis distribution across the Yakama Nation and the regions around Yakima and Wenatchee - generally more conservative areas. Roughly one million of those living in more easterly or southern regions of the state must now consider a future drive of up to hundreds of miles to more pot-friendly portions of Washington in order to take part in the legal weed industry.

In addition to the creation of perhaps unwelcome, localized 'weed tourism' in such an ideologically conflicted state, pro-pot activists such as the Center for the Study of Cannabis and Social Policy in Seattle lament the missed opportunities of squeezing out the unsafe and illicit marijuana sales, production and distribution that comprises black market buds. In fact, activists point out that one main underlying source of the concern - that is, accessibility of weed with regards to children - could be remedied by ending prohibition and implementing controlled, adult access to legal Cannabis. Keeping pot away from kids serves as the main reason for such measures as the reservation-wide ban among the Yakama Nation, but others cite different concerns.

As Eric M. Johnson reports for Reuters:


"Many communities are also deeply opposed to policing the business only to see taxes generated by their shops funneled into state - not local - coffers, especially with up to $2 billion in revenues expected over five years.

"Furthermore, some localities prefer to delay opening pot businesses to gauge the [United States] government's response to an industry built on a drug that remains federally outlawed, despite overtures by the Obama administration to grant leeway."

 

In contrast, and perhaps best highlighting the division occurring along both 'moral' and geographical borders, the more liberal city of Seattle has embraced the possible tax revenue - achieved without raising existing taxes - and safer access offered by the legal Cannabis scene. Colorado has seen retail sales of $215,960,667 in the first two quarters of this year, since implementing their own method of pot distribution in January. Washington would be set to match or possibly even surpass that figure through their own legal trade - that is, if bans and moratoria were to be lifted across the state.

The Center for the Study of Cannabis and Social Policy view the ban as delaying progress in terms of quashing the Cannabis black market

Adults over the age of twenty-one should, by law, currently be allowed to legally purchase Cannabis from a licensed shop and consume it at home. The cops would still be able to arrest people for possession of large quantities, infractions on or near school property or public consumption; even so, the penalties would be lower and the general philosophy of 'adult use only' is meant to currently be in play. With entire towns refusing to implement the new policies, Washington nonetheless hangs in a sort of limbo between the pre- and post-pot-prohibition eras, neither progressing nor backsliding. In several months, this is set to change in some areas.

Johnson further notes that "nearly fifty municipalities have enacted bans, moratoria and restrictive zoning ordinances, largely citing fears of a federal crackdown, their children getting high and costly enforcement."

The Reuters piece profiles the case of Tedd Wetherbee, a Gig Harbor resident who had planned on starting a pot-selling business in the small town near Puget Sound. Wetherbee had intended to host a grand opening upon receipt of his license in July; unfortunately, last month the local city council voted unanimously to impose a six-month ban on such retailers, fearing the line of demarcation between Cannabis establishments and local school communities could be imperiled.

Tedd Wetherbee had invested over $30,000 and months of preparation into opening his proposed pot shop, called The Gallery. Wetherbee lamented his plight to the media giant, saying, "I was just shocked. I've signed a five-year lease here. I've got $6,000-worth of tile arriving next week."

Local authorities, activists and investors have been brainstorming ways to circumvent such bans and moratoria, including home delivery, funneling tax revenues into local municipalities and lobbying to prevent local marijuana bans.

Just as authorities closely monitored the legal pot implementation as it progressed in Colorado - currently the only other state in America with state-wide legal Cannabis laws - legislators and activists are keeping an eye on the unfolding drama and discord between the powers-that-be, weed sellers and others regarding the Washington weed scene. Several other states, including Oregon, Alaska, Maine, Nevada, California and Arizona, are currently considering state-wide legalization of Cannabis.

 

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