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0 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Classifieds Jobs Autos Real Estate FEATURED » NEWS NOW Standing guard ... City gears up for hearings on future growth ... Medford School District on the hunt for teachers ... Standing guard ... City gears up for hearings on future growth ... Medford School District on the hunt for teachers ... OUR VIEW Our View: No reason to hurry pot-tax vote Comment MailTribune.com Writer Posted Feb. 3, 2015 at 12:01 AM Posted Feb. 3, 2015 at 12:01 AM What do you think? --> Have an opinion on this editorial? Send a letter to the editor at www.mailtribune.com/sendletter. » Read more X What do you think? Have an opinion on this editorial? Send a letter to the editor at www.mailtribune.com/sendletter . » Social News It's understandable that the Jackson County commissioners want to reserve the county's place in line for a share of the tax windfall that might or might not result from the sale of legal recreational marijuana sometime in 2016. But the county is poised to spend $100,000 it doesn't need to spend to ask voters to approve a local option tax that might not survive a court challenge. County leaders cannot simply enact a tax, as city governments across the state have done. The law requires voter approval of taxes at the county level. That explains the election. It doesn't explain the hurry. The commissioners enacted the tax, subject to voter approval, before the November election when voters statewide legalized recreational marijuana. Rather than wait for the statewide primary election on May 19, the commissioners have opted to hold a special election March 10. That means the county is responsible for the cost, which County Clerk Chris Walker estimates at $100,000. Meanwhile, the Legislature is considering a number of questions related to the legalization measure voters approved in November. One of those is whether to overturn the portion of Ballot Measure 91 that bars local jurisdictions from enacting their own taxes. But Rep. Peter Buckley, D-Ashland, says lawmakers are unlikely to make drastic changes to the voter-approved law, especially where it concerns taxes. The reasoning behind that clause is to keep the tax low enough to allow legal marijuana to drive out the black market. If the tax is too high, illegal sellers will undercut the legal product. Many cities and counties enacted local taxes before the November election in the hope they would be "grandfathered in" and allowed to tax marijuana despite the clear language of the measure. Even if Jackson County's tax proposal passes — a big if — it couldn't take effect unless a court overturned the local-option ban in Measure 91. And in any case, retail sales of marijuana won't happen until 2016. So the county is rushing to seek voter approval for a tax that might never be imposed. Even if it is declared legal by the courts, the tax wouldn't be collected on recreational marijuana until 2016, because no retail sales will happen until then.  Buckley advised the county to "wait a few years to see what happens." That's good advice. The commissioners could start by waiting two months and saving $100,000.   MailTribune.com Writer Posted Feb. 3, 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... Business Name address Location, ST | website.com Find Southern Oregon Attractions Bars Restaurants Beauty Salons Entertainment Doctors Medical Specialists Contractors Education Lawn Services Lawyers Shopping Travel Tanning Used Cars Wedding Services ▼ Add your business here + Events Calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Propel Marketing Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Mobile Site 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. Your privacy is important, read our privacy policy. © Copyright 2015 Local Media Group, Inc. All Rights Reserved. Privacy Policy | Terms of Service | Local Media Group Publications Original content available for non-commercial use under a Creative Commons license, except where noted. MailTribune.com | P.O. Box 1108, Medford, OR 97501