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GOLD HILL Gold Hill pot dispensary prepared to fight city tax Comment By Buffy Pollock for the Mail Tribune MailTribune.com By Buffy Pollock for the Mail Tribune Posted Sep. 28, 2015 at 12:01 AM By Buffy Pollock for the Mail Tribune Posted Sep. 28, 2015 at 12:01 AM » Social News Gold Hill’s first medical marijuana dispensary is threatening to sue the city if it starts collecting again on a 5 percent tax on marijuana sales. Breeze Botanicals owner Brie Malarkey said a city tax on marijuana is unlawful according to state guidelines and that additional law enforcement because of the dispensary’s presence, which the tax was supposed to pay for, has not been necessary. "They made it very clear that this was something they were going to do in case there was additional crime,” Malarkey said of city officials. “They agreed to revisit it after a year. House Bill 3400 makes it very clear that it is the state that will be the formal taxing authority on marijuana." Mayor Jan Fish said an Oct. 5 meeting set to discuss the marijuana tax likely would find the council voting against it. "I would assume we are going to rescind it,” Fish said. “Since new legislation has occurred stating that it is illegal to tax medical marijuana, we will probably not be taxing it." Gold Hill enacted the tax in June 2014 when it allowed medical marijuana dispensaries to operate within city limits. Breeze Botanicals, which opened that same month, paid an estimated $38,000 into city coffers until last August, when the council voted to cease collection of the tax. “If they say now that they still want me to collect the tax, I'm not going to,” Malarkey said. “It's just wrong to tax a certain group of people based on the fact they were anticipating an impact that never even happened." Malarkey said the looming discussion prompted her to direct her attorney, Robert Graham Jr. of Grants Pass, to draft a letter informing the council that recent amendments to House Bill 3400 prohibit taxation of medical marijuana by local jurisdictions. "Please be advised that any attempt by the City Council to reinstate the sales tax on medical marijuana will be challenged in the Jackson County Circuit Court by my client, as well as by Gold Hill citizens who rely upon Breeze Botanicals for safe access to their medicine," Graham states in his letter. City Manager Rick Hohnbaum said the city would not collect the tax until the council had made a formal decision whether to keep it. Councilwoman Chris Stanley said she still believes the dispensary should provide some funding for public safety and awaited word from the city attorney on whether pre-existing taxes could be grandfathered in. "I stand on the same side I've always been on. I think the tax should stand," Stanley said, noting that she felt strongly that the city needed to increase public safety funding. A law enforcement levy will be sought in an upcoming election, and city funding will be used to create a full-time officer position with the Jackson County Sheriff's Department beginning Oct. 1. Malarkey said the city should consider taxing other businesses that impact public safety, such as local bars. "I really think Gold Hill needs better public safety, and I think the City Council should look to see where crime is originating and then appropriately tax," Malarkey said. "I would be fine with, say, a 1 percent sales tax across the board. I would have no problem with something like that, but to single out a group of people for unfounded reasons, that's where discrimination comes in." Buffy Pollock is a freelance writer living in Medford. Email her at [email protected]. By Buffy Pollock for the Mail Tribune MailTribune.com By Buffy Pollock for the Mail Tribune Posted Sep. 28, 2015 at 12:01 AM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... 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