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October 25. 2014 12:01AM Since You Asked: Local pot taxes likely to go to court Why are cities and counties scrambling to put taxes in place for marijuana sales when they are specifically denied that right under Measure 91? The measure reads: "SECTION 42. State has exclusive right to tax marijuana. No county or city of this state shall impose any fee or tax, including occupation taxes, privilege taxes and inspection fees, in connection with the purchase, sale, production, processing, transportation and delivery of marijuana items."  — Scott W., Medford Scott, we've wondered that same thing, considering that the language in Measure 91 leaves little room for doubt about what its authors intended. But intent and reality can be two different things. Just because a restaurant or theater that checks your coat gives you a ticket that says, "We are not responsible for theft or damage," doesn't mean a court would agree. That's what the cities and counties are banking on. Jackson County Administrator Danny Jordan says there's a more pertinent example to point to: the state's hotel-motel tax, in which the state tried to limit local jurisdictions' taxing authority over lodging. But since those governments already had the taxes in place, the courts ruled the state could not impose its will on them. Essentially, the cities and counties are trying to "grandfather in" their right to tax marijuana. They will argue, if the measure passes, that the state cannot take away from them the right to impose local taxes, especially local taxes they already had on the books. Cities across Jackson County and the state have established, or are establishing, those taxes to be in effect before the Nov. 4 election. Jackson County's tax would have to be approved in a countywide vote, because the county's charter requires that all new taxes must be put before voters. Send questions to “Since You Asked,” Mail Tribune Newsroom, P.O. Box 1108, Medford, OR 97501; by fax to 541-776-4376; or by email to [email protected]. We’re sorry, but the volume of questions received prevents us from answering all of them.   http://www.mailtribune.com/article/20141025/NEWS/141029756 © 2015 Copyright © 1995-2011 Crain Communications Inc. All Rights Reserved. Terms of Use Privacy Statement -->