Local governments must conform to marijuana markets

In this week’s issue, you’ll see a lot about pot. I’m not sure if this is the first time The Advocate has done a 4/20 edition or not, but I like it and I hope it continues.

You might read the article by yours truly, about what the Gresham City Council plans to do after the current moratorium on marijuana businesses expires in two weeks.

Generally speaking, the council’s behavior has shown it to be weary of marijuana’s presence in the community. Before Measure 91 was approved by Oregon voters in November, Gresham passed a 5 percent tax on medical marijuana and 10 percent on recreational pot sales. Some members of the city council wished only that they could have taxed it even more.

Gresham has fallen in step with the League of Oregon Cities and the Association of Oregon Counties (AoC). The two organizations lobby in Salem to subvert the will of the people by promoting restrictive policies towards marijuana.

Rob Bovett, legal counsel to the AoC, recommends that municipalities look to Marion County as a good example of how to regulate marijuana businesses.

Here’s the thing about Marion County: Marijuana businesses are illegal, technically. A marijuana business can operate in Marion County but it has to seek a “ban exception permit” from the county before it can even get out of the gate.

That doesn’t include the background checks for all employees and exclusion zones. Plus, the city involved can take away the permit for pretty much any reason, including recommendations from the county Sheriff.

Oregon decisively legalized marijuana in November, with a 56 percent “yes” vote. That’s a 12-point win that I’m sure any politician in this state would salivate over. How can a system like the one in Marion County conform to the will of the people? (Answering that should bring some more clarity on whether the county should or shouldn’t conform to the will of the people.)

Also, let’s not forget that one of the major selling points of regulated marijuana is that it reduces the black market and increases tax revenue. Tight regulations result in a cost-prohibitive market that ends up pushing people back into the black market.

These people need incentives, not blocks of text from the same institutions that persecuted them for so long that now describe what a business can and can’t do.

Gresham walks the line right now as to how officials can effectively regulate marijuana businesses. They can rely on reefer madness, scare tactics and “not in my back yard” attitudes all they want, but the reality is: The market is already here.

So, it’s not really about the marijuana market conforming to Gresham, or any other local government. It will be about the local governments having to conform to the marijuana market.