Pierce County Council pays for units to crack down on marijuana violators

The Pierce County Council has created a fund to pay for marijuana enforcement as a county-imposed deadline looms for businesses either to comply with local laws or shut down.

But the new fund relies on future collection of state marijuana excise taxes, which Pierce County could collect only if it changes its code and allows marijuana businesses to operate in unincorporated areas.

This week’s vote to establish the fund may point to a shift on the council that could end the county’s de-facto marijuana ban.

By a 4-3 vote, the council amended the proposed 2016 budget at its regular meeting Tuesday night. The amendment would, if approved on final passage Monday, provide revenue to create standalone marijuana storefront enforcement units in the Sheriff’s Department and prosecutor’s office.

Council members Doug Richardson, Derek Young, Connie Ladenburg and Rick Talbert supported it. Dan Roach, Joyce McDonald and Jim McCune opposed it.

Richardson sponsored the budget amendment. It marked a rare time when he has crossed party lines and sided with Democrats on the marijuana issue since Washington voters approved Initiative 502 three years ago.

His proposal would be funded with a $486,130 loan from a county equipment-rental fund. That money would then be repaid through the newly created Marijuana Enforcement Special Revenue Fund, designed to accept state marijuana excise taxes, the amendment states. The deadline for repayment is December 2018.

However, Liquor and Cannabis Board spokesman Brian Smith said Pierce County isn’t currently eligible for a share of the state’s marijuana excise tax revenues and therefore hasn’t collected any.

The county could only claim those revenues if it allows marijuana businesses to operate in Pierce County.

Currently, county code requires licensed marijuana businesses to apply for a conditional use permit. But there’s a caveat in the code that says no application will be approved until marijuana is decriminalized by the federal government. That means marijuana businesses are essentially banned in unincorporated Pierce County.

A proposal by Young seeks to change that. It would, in part, remove the federal legality requirement.

The County Council is scheduled to vote on that change Dec. 8 and Richardson, the sponsor of Tuesday’s budget amendment, may cast the deciding vote.

On previous issues related to recreational pot, Richardson has mostly voted with fellow Republicans. His reasoning has been rooted in gaining control over the previously unregulated medical marijuana market before allowing more pot in the county.

Now, sweeping changes in state law are intended to align both markets under one regulatory umbrella, providing the county more certainty.

Richardson on Thursday wouldn’t explicitly say he plans to support Young’s proposal. But he said he remains open-minded as long as his enforcement-fund plan is included in the final budget.

“Without that being part of the budget, there wouldn’t be any consideration by me of the other ordinance,” Richardson said.

Young hopes his colleague’s proposal points to a course change on county marijuana regulations.

“I’m hopeful that if we meet this condition that he’d be supportive,” Young said.

Richardson, in a news release Tuesday, said his budget amendment provides resources needed to close illegal dispensaries and prosecute violators.

“Right now, several of these stores are operating very near schools and other inappropriate locations,” he said. “This measure will help make those neighborhoods safer.”

Richardson said more than 80 unlicensed marijuana businesses currently operate in unincorporated Pierce County.

Marijuana businesses in those areas must obtain licenses or cease sales by July 1, 2016. The county announced in July that businesses that fail to comply will be shut down.

Richardson said his proposal provides the muscle to enforce that deadline.

McDonald, a staunch opponent of allowing marijuana businesses in the county, denounced Tuesday’s decision.

“The amendment that created the so-called ‘marijuana enforcement fund’ relies on loans that are supposed to be paid back with excise taxes from the sale of marijuana,” she said in a news release. “I can’t think of anything more backward than legalizing a drug so that we can collect taxes on it and use them to fight illegal sales of the drug.”

This story was originally published November 12, 2015 at 8:36 PM with the headline "Pierce County Council pays for units to crack down on marijuana violators."