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Spokane, Washington  Est. May 19, 1883

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Editorial: Marijuana legalization still needs fine-tuning

Washington voters passed Initiative 502 two years ago, and the state has since gone through a long process of writing and implementing regulations. In July, stores began to sell marijuana. The upcoming legislative session is the first in which changes to the law can be made without needing a two-thirds majority vote.

Legitimate concerns have arisen about I-502, so lawmakers should consider the following:

Splitting revenue with local governments. Many cities and towns have issued moratoriums or outright bans on marijuana sales. The law created new enforcement headaches for police and sheriff departments, but the initiative didn’t carve out any funds to address them. Some towns might lift their objections if they were given some pot-generated revenue to enforce the law. Towns that keep their bans shouldn’t be given a share.

Making edibles safe. Candies and other consumables infused with marijuana pose unique problems. The effects of edibles aren’t as well-known as marijuana that’s smoked. The reaction is delayed. It can be difficult to evenly distribute the THC – the ingredient that produces the high – across a bar of candy. Edibles are more appealing to children. Colorado, which put edibles on a faster track to the marketplace, has been the source of worrisome episodes of adults and children suffering from large doses.

To its credit, the Washington Liquor Control Board has taken a cautious approach. The product must be homogenized. Cookies and candies must be scored to delineate the size of a single serving. Packaging must be child resistant. The board must approve all labels to ensure there are no cartoon images or other enticements to children. The state is distributing brochures urging customers to pause after the first bite of edible marijuana before eating more. Lawmakers should closely monitor the effectiveness of those regulations.

Adjusting taxes. Because of the multiple taxes assessed from planting to sale, legal pot is more expensive in Washington than Colorado. Oregon voters just adopted an initiative that calls for significantly lower taxes than in Washington. The high price of legal pot is leaving a large market for illicit sales. These pressures will likely force the state to lower taxes at some point.

Relaxing regulations. The I-502 restrictions on where stores can locate make it difficult to open a pot business in the largest cities. The practical effect of the 1,000-foot buffer between stores and parks, playgrounds, schools, libraries, child-care facilities and public transit centers is that precious little real estate is left. Only 5 percent of Seattle qualifies, leaving the rest of the city to illegal sellers. There are no stores on the South Hill in Spokane. The Legislature may need to make accommodations for larger cities; otherwise, the illicit trade will continue to thrive.

In legalizing pot, the state was plowing new ground. Regulators couldn’t possibly please everyone or account for every detail, and the initiative itself imposed cumbersome burdens. Legislators should consider amending the law to address legitimate concerns and unintended consequences.

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