Arrest and Cost Analysis of Adult Marijuana Possession Enforcement In Thurston County, WA Analyzing the Years 2002 - 2011

And Arrest and Cost Analysis of Marijuana Possession Enforcement In Other Washington Cities/Counties Analyzing the Year 2010

August, 2012

Rose Eilts Certified Public Accountant Director, NORML Thurston County National Organization for the Reform of Marijuana Laws NormlThurston@gmail.com http://www.normlthurston.org

This report is divided into five different parts: Part I Part II Part III Part IV Part V Part VI Executive Summary Introduction Thurston County Expenditures for Adult Marijuana Possession Enforcement Other Washington Cities/Counties for Adult Marijuana Possession Enforcement Uniform Crime Reporting in Washington State Sample Document and References

Page 1 of 29

Part I Executive Summary Executive Summary This report examines the cost of marijuana possession enforcement to Thurston County and the cities of Olympia, Lacey, Rainier, Tumwater, Tenino, and Yelm. Rose Eilts, NORML Thurston County Director, who is a CPA with over 20 years experience, analyzed arrest data for the years 2002 - 2011 from FBI Uniform Crime Reports and Washington Association of Sheriffs and Police Chiefs Arrest Statistic Reports for the cities Olympia, Tumwater, Lacey Rainier, Tenino, Yelm, Evergreen State College and Nisqually Tribal. For this study, Thurston County Sheriff’s Department was unable to provide adult arrest data for the years 2002 – 2006. County Sheriff’s Department has indicated those statistics are not available. Information was gathered from city and county budgets or published financial statements to calculate the overall cost of enforcement. The overall cost of enforcement was divided by the total arrests for that jurisdiction to arrive at an average cost per arrest. The average cost per arrest was multiplied by the total marijuana possession arrests for the years 2002 – 2011 to determine the cost of marijuana possession enforcement. Analysis indicates law enforcement in all jurisdictions but City of Lacey arrest far more citizens for marijuana possession and not marijuana sales. Analysis indicates cost of marijuana possession enforcement for the years 2002 – 2011 amounted to $18.5 million for all Thurston County municipalities combined. Cost of marijuana possession enforcement by each jurisdiction is as follows:
For the Years 2002 - 2011 Adult Cost of Adult Marijuana Marijuana Adult Marijuana Possession Possession Arrests Enforcement Sales Arrests Jurisdiction Thurston County 24 80 $ 11,318,480 City of Olympia 39 537 $ 3,204,279 City of Lacey 496 88 $ 543,576 City of Tumwater 14 294 $ 2,810,052 City of Yelm 2 108 $ 339,710 City of Rainier 10 90 $ 112,320 City of Tenino 30 62 $ 204,600 Evergreen State College* 12 127 $ Nisqually Tribe* 3 18 $ Total 630 1,404 $ 18,533,017 * cost analysis not provided for Evergreen State College or Nisqually Tribe

Page 2 of 29

Part I Executive Summary Breakdowns by each jurisdiction provide an estimate of the impact of marijuana possession enforcement and the amount of dollars that would be saved if each jurisdiction adopted lowest enforcement policies towards adult personal use of marijuana. Lowest enforcement policies direct the police, city attorney, and prosecutor to make activities related to investigation, citation and/or arrest of adult cannabis users their lowest law enforcement priority.

Cost analysis was also performed on municipalities within the State of Washington for the year 2010. A summary of costs for the ten municipalities with the highest adult possession arrests is as follows:
For the Year 2010 Adult Adult Marijuana Marijuana Sales Possession Arrests Arrests 56 401 42 179 25 177 26 169 16 166 56 138 33 138 22 137 38 125 41 105 Cost of Adult Marijuana Possession Enforcement $ 4,167,192 $ 949,595 $ 6,643,695 $ 384,306 $ 535,682 $ 907,212 $ 3,065,532 $ 1,321,365 $ 1,134,625 $ 1,818,600

1 2 3 4 5 6 7 8 9 10

Jurisdiction Tacoma Lynnwood Pierce County Kennewick Richland Yakima Bellevue Lakewood Bellingham Kitsap County

The above list represents only the top ten arresting municipalities. Breakdowns by each jurisdiction provide an estimate of the impact of marijuana possession enforcement and the amount of dollars that would be saved if each jurisdiction adopted lowest enforcement policies towards adult personal use of marijuana. Lowest enforcement policies direct the police, city attorney, and prosecutor to make activities related to investigation, citation and/or arrest of adult cannabis users their lowest law enforcement priority.

Page 3 of 29

Part II

Introduction

According to the September 2011 annual national survey, by US Government Substance Abuse and Mental Health Services Administration, 17.4 million Americans were current users of marijuana in the year 2010. (2) How many people does that represent? You’d have to take the entire populations of Washington State (6.8 million), Oregon(3.8 million), Idaho (1.6 million), Montana (1 million), Hawaii (1.4 million) Alaska (.7 million) and New Mexico (2.1 million) to achieve that level of populous. (6) This same US Government Agency survey for 2009 estimated 16.7 million Americans were current users (3); for 2008 the estimate was 15.7 million (4); for 2007 the estimate was 14.4 million (5). Evidence is clear. More and more Americans are choosing to use marijuana, despite the billions of dollars spent to arrest, prosecute, and jail marijuana users. Between 2001 and 2010, more than 100,000 arrests were made in Washington State for marijuana related offenses. The vast majority of these arrests are for marijuana possession.

(1)

There is a cost to local governments for arresting citizens for marijuana possession. At a time when government resources and operating budgets are slim, it is appropriate for local government officials to look at all areas where tax dollars may be saved and/or redirected and used for more critical purposes. One area to examine is the cost associated with arresting citizens for marijuana possession and comparing the cost to the benefit received.
Page 4 of 29

Part II

Introduction

Lowest Enforcement Policies Some cities and counties have opted out of arresting their citizens for marijuana possession. They do that by adopting lowest enforcement policies towards adult personal use of marijuana. Lowest enforcement policies direct the police, city attorney, and prosecutor to make activities related to investigation, citation and/or arrest of adult cannabis users their lowest law enforcement priority. A lowest enforcement policy is for adult possession of marijuana only; sales and juveniles are excluded. The City of Seattle adopted a lowest enforcement policy through Initiative I-75 in 2004, passed with 58% of the vote. City of Tacoma adopted a lowest enforcement policy through Initiative 1 in 2011, passed with 65% of the vote. Others are shown below: (7)
Jurisdiction Oakland, CA Santa Barbara, CA Santa Cruz, CA San Francisco, CA Santa Monica, CA West Hollywood, CA Eureka Springs, AR Missoula County, MT* Denver, CO Fayetteville, AR Hawaii County, HI Hailey, ID Year Passed 2004 2006 2006 2006 2006 2006 2006 2006 2007 2008 2008 2010 Vote % Passed with 65% of the vote. Passed with 66% of the vote. Passed with 64% of the vote. San Francisco Board of Supervisors passed the ordinance in an 8-3 vote. Passed with 65% of the vote. West Hollywood City Council passed the resolution in a 4-0 vote. Passed with 62% of the vote. Passed with 54% of the vote. Passed with 55% of the vote. Passed with 66% of the vote. Passed with 53% of the vote. The initiative passed with 51% of the vote in 2007, and again in 2008 with 54% of the vote, but due to a redaction by a district court judge, the measure did not officially go into effect until 2010. Passed with 66% of the vote.

Kalamazoo, MI

2011

By adopting lowest enforcement initiatives, the city/county saves significant expenditures, as evidenced in this report. It is the recommendation of this author and of NORML Thurston County that Lowest Enforcement Policies can be adopted immediately by Thurston County and its cities.

Page 5 of 29

III.

Thurston County Expenditures for Adult Marijuana Possession Enforcement

Analysis indicates cost of marijuana possession enforcement for the years 2002 – 2011 amounted to $18.5 million for all Thurston County municipalities combined. Cost of marijuana possession enforcement by each jurisdiction is as follows:
For the Years 2002 - 2011 Adult Cost of Adult Marijuana Marijuana Adult Marijuana Possession Possession Arrests Enforcement Sales Arrests Jurisdiction Thurston County 24 80 $ 11,318,480 City of Olympia 39 537 $ 3,204,279 City of Lacey 496 88 $ 543,576 City of Tumwater 14 294 $ 2,810,052 City of Yelm 2 108 $ 339,710 City of Rainier 10 90 $ 112,320 City of Tenino 30 62 $ 204,600 Evergreen State College* 12 127 $ Nisqually Tribe* 3 18 $ Total 630 1,404 $ 18,533,017 * cost analysis not provided for Evergreen State College or Nisqually Tribe

Thurston County Thurston County spent $11.3 million for 80 adult marijuana possession arrests between the years 2002 and 2011. The intent of this study was to analyze ten years of data. For all years under study – 2002 2011, Thurston County’s data was not reported on Uniform Crime reports. In Washington State, participation in Uniform Crime Reporting is optional, not mandatory. The Washington Association of Sheriffs and Police Chiefs (WASPC) provided complete arrest data for the years 2007 - 2011 and juvenile arrest data only for the years 2002 - 2006. Representatives from WASPC and County Sheriff’s Department have indicated adult arrest statistics for the years 2002 – 2006 are not available. Because complete arrest data was not available, an amount had to be estimated for the five years of missing data.

Page 6 of 29

III.

Thurston County Expenditures for Adult Marijuana Possession Enforcement Thurston County actual expenditures were taken from published financial statements. Cost of adult possession enforcement was estimated below. One estimate includes capital outlay expenditures; the other estimate excludes capital outlay expenditures. Costs and estimates were determined as shown below.
Thurston County 2007 2008 2009 2010 2011 Total Total Arrests Adult & Juve 635 1,021 938 1,144 1,162 4,900 Adult 18B Adult 18F MJ MJ Sales Possession 29 6 15 6 6 10 9 2 21 24 80

With Capital Outlay Actual Expenditures from Published Financial Statements Thurston County Public Safety Capital Outlay - Jail Total expenditures 2010 $ 66,012,224 $ 66,012,224 2009 $ 66,470,577 25,335,404 $ 91,805,981 938 97,874 2008 $ 66,370,124 7,505,780 $ 73,875,904 1,021 72,356 2007 $ 62,016,426 $ 62,016,426 635 97,664 Average Cost Per Arrest

Total arrests for the year 1,144 Average cost per arrest $ 57,703 $ Marijuana possession arrests for 5 years of data available Marijuana possession eforcement costs for 5 years of data Estimate for 5 years of arrest data unavailable Marijuana possession eforcement costs for 10 years

$

$

81,399 80 $ 6,511,920 4,806,560 $ 11,318,480

$

Without Capital Outlay Actual Expenditures from Published Financial Statements Thurston County Public Safety Capital Outlay - Jail Total expenditures 2010 $ 66,012,224 $ 66,012,224 2009 $ 66,470,577 $ 66,470,577 938 70,864 2008 $ 66,370,124 $ 66,370,124 1,021 65,005 2007 $ 62,016,426 $ 62,016,426 635 97,664 Average Cost Per Arrest

Total arrests for the year 1,144 Average cost per arrest $ 57,703 $ Marijuana possession arrests for 5 years of data available Marijuana possession eforcement costs for 5 years of data Estimate for 5 years of arrest data unavailable Marijuana possession eforcement costs for 10 years

$

$

72,809 23 $ 1,674,607 4,806,560 $ 6,481,167

$

Page 7 of 29

III.

Thurston County Expenditures for Adult Marijuana Possession Enforcement

City of Olympia City of Olympia spent $3.2 million for 537 adult marijuana possession arrests between the years 2002 and 2011. City of Olympia actual expenditures were taken from published budget reports. Costs and estimates were determined as shown below.
City of Olympia 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Total Total Arrests Adult & Juve 3,375 2,992 2,656 2,661 3,259 2,906 2,564 2,128 2,818 2,597 27,956 Adult 18B MJ Sales 9 3 2 1 8 1 4 3 3 5 39 Adult 18F MJ Possession 138 126 107 38 58 12 11 7 13 27 537

City of Olympia Police Dept Legal Dept @ 50% Municipal Court Special Accounts Medical Benefits Retired Police LEOFF * actual not available, using budgeted figure Total expenditures Total arrests for the year Average cost per arrest Marijuana possession arrests Marijuana possession eforcement costs

2010 2009 2008 2007 $ 13,192,427 $ 12,872,566 $ 12,616,128 $ 12,446,072 $ 541,695 $ 531,396 $ 523,579 $ 426,082 $ 1,445,862 $ 1,578,177 $ 1,623,653 $ 1,497,637

Average Cost Per Arrest

$

510,180 $

448,500 $

475,300 $

468,300

$ 15,690,164 $ 15,430,639 $ 15,238,660 $ 14,838,091 2,818 5,568 $ 2,128 7,251 $ 2,564 5,943 $ 2,906 5,106 $ $

$

5,967 537 3,204,279

* Actual expenditure not evident in reports examined. Used budgeted figure.

Page 8 of 29

III.

Thurston County Expenditures for Adult Marijuana Possession Enforcement

City of Lacey City of Lacey spent $543,576 for 88 adult marijuana possession arrests between the years 2002 and 2011. City of Lacey actual expenditures were taken from published budget reports. Costs and estimates were determined as shown below.
Total Arrests Adult & Juve 1,463 1,494 1,593 1,611 1,664 1,579 1,678 1,429 1,624 1,620 15,755 Adult 18B Adult 18F MJ MJ Sales Possession 39 13 24 5 40 4 41 12 50 8 48 7 59 6 44 8 51 5 100 20 496 88

City of Lacey 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Total

Lacey Police Dept Legal Dept @ 50% Contracted Svcs, District Court Contracted Svcs, Public Defender Contracted Svcs, Victim Advocate Contracted Svcs, Thurston County Corrections Contracted Svcs, Other Jail Services Criminal Justice Fund Narcotics Task Force Equipment Rental Fund - Police Information Management Service Fund - Police Total expenditures Total arrests for the year Average cost per arrest Marijuana possession arrests Marijuana possession eforcement costs $

2010 2009 7,838,944 $ 7,091,032 $ 217,704 218,171 205,578 219,059 141,375 137,935 70,140 55,050 82,516 58,514 486,167 417,703 543,142 620,144 374,997 293,430 174,022 99,174

2008 2007 7,079,922 $ 6,428,323 201,443 189,276 191,770 172,023 106,050 98,945 30,028 28,560 91,056 84,986 459,429 507,749 624,624 565,684 767,738 743,617 399,499 491,129 262,151 60,780

Average Cost Per Arrest

$

10,134,585 $ 9,210,212 $ 10,213,710 $ 9,371,072 1,624 6,241 $ 1,429 6,445 $ 1,678 6,087 $ 1,579 5,935 $ $

$

6,177 88 543,576

Page 9 of 29

III.

Thurston County Expenditures for Adult Marijuana Possession Enforcement

City of Tumwater City of Tumwater spent $2.8 million for 294 adult marijuana possession arrests between the years 2002 and 2011. City of Tumwater actual expenditures were taken from published annual reports. Line item in published financial statements indicated Police Department. Costs and estimates were determined as shown below.
Total Arrests Adult 18B Adult 18F MJ Adult & Juve MJ Sales Possession 625 112 654 97 681 3 27 554 1 14 509 4 6 413 1 4 376 1 2 389 5 428 2 12 731 2 15 5,360 14 294

City of Tumwater 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Total

Tumwater Police Dept Total expenditures

$ $

2010 4,129,896 $ 4,129,896 $ 428 9,649 $

2009 4,044,836 $ 4,044,836 $ 389 10,398 $

2008 3,663,358 $ 3,663,358 $ 376 9,743 $

2007 3,486,504 3,486,504

Average Cost Per Arrest

Total arrests for the year Average cost per arrest $ Marijuana possession arrests Marijuana possession eforcement costs

413 8,442 $ $

9,558 294 2,810,052

Page 10 of 29

III.

Thurston County Expenditures for Adult Marijuana Possession Enforcement

City of Yelm City of Yelm spent $339,710 for 115 adult marijuana possession arrests between the years 2002 and 2011. City of Yelm actual expenditures were taken from published annual reports from the line item in published financial statements titled Public Safety. Although City of Yelm is served by an independent fire district, there could be expenditures for fire service costs included in Public Safety. We used a 50% allocation to determine Law Enforcement estimated expenditures. Costs and estimates were determined as shown below.
City of Yelm 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Total Total Arrests Adult & Juve 347 360 432 417 421 364 401 343 305 334 3,724 Adult 18B MJ Sales 1 1 Adult 18F MJ Possession 13 8 10 10 23 21 16 9 3 2 115

Yelm Public Safety from annual financials Estimated % for law enforcement Estimated Law Enforcement

2010 2009 2008 2007 $ 2,197,234 $ 2,134,270 $ 1,994,430 $ 1,783,197 50% 50% 50% 50% $ 1,098,617 $ 1,067,135 $ 305 3,602 $ 343 3,111 $ 997,215 $ 376 2,652 $ 891,599

Average Cost Per Arrest

Total arrests for the year Average cost per arrest $ Marijuana possession arrests Marijuana possession eforcement costs

364 2,449 $ $

2,954 115 339,710

Page 11 of 29

III.

Thurston County Expenditures for Adult Marijuana Possession Enforcement

City of Rainier City of Rainier spent $112,320 for 90 adult marijuana possession arrests between the years 2002 and 2011. City of Rainier actual expenditures were taken from published annual reports from the line item in published financial statements titled Public Safety. Although City of Rainier is served by an independent fire district, there could be expenditures for fire service costs included in Public Safety. We used a 50% allocation to determine Law Enforcement estimated expenditures. Only one year of published annual financial statements was available from WA State Auditors Office. Costs and estimates were determined as shown below.
City of Rainier 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Total Total Arrests Adult & Juve 227 247 35 35 44 46 76 63 68 841 Adult 18B MJ Sales 2 5 3 10 Adult 18F MJ 24 19 1 2 1 8 18 17 90

Rainier Public Safety from annual financials Estimated % for law enforcement Estimated Law Enforcement

$

2009 189,687 50% 94,844

Average Cost Per Arrest

$

Total arrests for the year Average cost per arrest $ Marijuana possession arrests Marijuana possession eforcement costs

76 1,248 $ $

1,248 90 112,320

Page 12 of 29

III.

Thurston County Expenditures for Adult Marijuana Possession Enforcement

City of Tenino City of Tenino spent $204,600 for 62 adult marijuana possession arrests between the years 2002 and 2011. City of Tenino actual expenditures were taken from published annual reports from the line item in published financial statements titled Public Safety. Although City of Tenino is served by an independent fire district, there could be expenditures for fire service costs included in Public Safety expenditures. We used a 50% allocation to determine Law Enforcement estimated expenditures. Costs and estimates were determined as shown below.
Total Arrests Adult & Juve 34 54 35 82 88 88 90 95 126 45 737 Adult 18B Adult 18F MJ MJ Sales Possession 1 1 2 4 3 2 2 2 9 1 5 7 7 32 2 12 30 62

City of Tenino 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Total

Tenino Public Safety from annual financials Estimated % for law enforcement Estimated Law Enforcement

$ $

2010 766,946 $ 50% 383,473 $ 126 3,043 $

2009 682,035 $ 50% 341,018 $ 95 3,590 $

2008 540,958 $ 50% 270,479 $ 90 3,005 $

2007 627,115 50% 313,558

Average Cost Per Arrest

Total arrests for the year Average cost per arrest $ Marijuana possession arrests Marijuana possession eforcement costs

88 3,563 $ $

3,300 62 204,600

Page 13 of 29

IV Other Washington Cities/Counties for Adult Marijuana Possession Enforcement

Cost analysis was performed on municipalities within the State of Washington for the year 2010. A summary of costs for the ten municipalities with the highest adult possession arrests is as follows:
For the Year 2010 Adult Adult Marijuana Marijuana Sales Possession Arrests Arrests 56 401 42 179 25 177 26 169 16 166 56 138 33 138 22 137 38 125 41 105 Cost of Adult Marijuana Possession Enforcement $ 4,167,192 $ 949,595 $ 6,643,695 $ 384,306 $ 535,682 $ 907,212 $ 3,065,532 $ 1,321,365 $ 1,134,625 $ 1,818,600

1 2 3 4 5 6 7 8 9 10

Jurisdiction Tacoma Lynnwood Pierce County Kennewick Richland Yakima Bellevue Lakewood Bellingham Kitsap County

The above list represents only the top ten arresting municipalities. Breakdowns by each jurisdiction provide an estimate of the impact of marijuana possession enforcement and the amount of dollars that would be saved if each jurisdiction adopted lowest enforcement policies towards adult personal use of marijuana. Lowest enforcement policies direct the police, city attorney, and prosecutor to make activities related to investigation, citation and/or arrest of adult cannabis users their lowest law enforcement priority. On the breakdowns by each jurisdiction, financial information was derived from published budgets. Adult and juvenile arrests were provided by the WA Association of Sheriffs and Police Chiefs (WASPC). Marijuana adult possession arrests were provided by FBI Uniform Crime Reports by County.

Page 14 of 29

IV Other Washington Cities/Counties for Adult Marijuana Possession Enforcement

City of Tacoma Police Department Budget Municipal Court Relief & Pension Health Care Trust Police LEOFF Law Enforcement Support Agency Legal @ 50% Subtotal Biennium budget: Divide by 2 for annual budget Per WASPC Adult Arrests Juvenile Arrests Subtotal All Arrests, All Ages Average cost per arrest MJ Adult Possession arrests Cost of Adult Marijuana Possession Arrests

2009/2010 Adopted Budget $ 144,986,227 8,169,878 12,465,000 6,127,303 41,083,240 $ 7,307,173 3,653,587 $ 216,485,235 $ 108,242,617

9,361 1,055 10,416 $ 10,392 401 4,167,192

$

City of Lynnwood Police Department Total Expenditures City Attorney @ 50% Municipal Court Subtotal Biennium Budget; divide by 2 for total annual budget Per WASPC Adult Arrests Juvenile Arrests Subtotal All Arrests, All Ages Average cost per arrest MJ Adult Possession arrests Cost of Adult Marijuana Possession Arrests

2009 -2010 Budget $ 32,356,236 $ 1,578,718 789,359 2,560,398 35,705,993 $ 17,852,997

2,822 543 3,365 $ 5,305 179 949,595

$

Page 15 of 29

IV Other Washington Cities/Counties for Adult Marijuana Possession Enforcement

Pierce County Public Safety Legal and Judicial Total Public Safety & Judicial Per WASPC Adult Arrests Juvenile Arrests Subtotal All Arrests, All Ages Average cost per arrest MJ Adult Possession arrests Cost of Adult Marijuana Possession Arrests

$

2010 Budget 162,800,930 73,818,710 236,619,640

5,388 916 6,304 $ 37,535 177 6,643,695

$

City of Kennewick Police Department Total Expenditures City Attorney @ 50% Other Post Employement Benefits @ 50% Subtotal Biennium Budget; divide by 2 for total annual budget Per WASPC Adult Arrests Juvenile Arrests Subtotal All Arrests, All Ages Average cost per arrest MJ Adult Possession arrests Cost of Adult Marijuana Possession Arrests

2009 -2010 Budget $ 33,457,316 $ 2,505,545 1,252,773 $ 1,834,000 917,000 35,627,089 $ 17,813,545

6,850 982 7,832 $ 2,274 169 384,306

$

Page 16 of 29

IV Other Washington Cities/Counties for Adult Marijuana Possession Enforcement

City of Richland Police Department Total Expenditures Police Station Police Pension City Attorney @ 50% Criminal Justice Fund Subtotal Per WASPC Adult Arrests Juvenile Arrests Subtotal All Arrests, All Ages Average cost per arrest MJ Adult Possession arrests Cost of Adult Marijuana Possession Arrests

$

2010 Budget 11,446,846 277,106 893,633 1,197,074 598,537 130,635 $ 13,346,757 $

3,654 482 4,136 $ 3,227 166 535,682

$

City of Yakima Police Department Total Expenditures Legal @ 50% Municipal Court Indigent Defense Police Pension Law & Justice Capital Employees Health Benefit, based on FTE % 28.4 Subtotal Per WASPC Adult Arrests Juvenile Arrests Subtotal All Arrests, All Ages Average cost per arrest MJ Adult Possession arrests Cost of Adult Marijuana Possession Arrests

$

$

2010 Budget 22,999,008 1,142,950 571,475 1,262,770 480,000 1,373,040 1,071,000 10,553,586 2,997,218 $ 30,754,511 $

3,863 815 4,678 $ 6,574 138 907,212

$

Page 17 of 29

IV Other Washington Cities/Counties for Adult Marijuana Possession Enforcement

City of Bellevue Police Department Total Expenditures City Attorney @ 50% Health Benefits Fund @ 25.9% LEOFF I Medical Reserve Fund @ 25.9% Rainey Day Reserve Fund @ 25.9% Subtotal Biennium budget: Divide by 2 for annual budget Per WASPC Adult Arrests Juvenile Arrests Subtotal All Arrests, All Ages Average cost per arrest MJ Adult Possession arrests Cost of Adult Marijuana Possession Arrests

$ $ $ $

6,703,306 41,863,405 18,237,469 5,320,000

2009-2010 Budget $ 74,692,264 3,351,653 10,842,622 4,723,504 1,377,880 94,987,923 $ 47,493,962

1,739 399 2,138 $ 22,214 138 3,065,532

$

City of Lakewood Police Department Total Expenditures Judicial and Support Services Legal @ 50% Subtotal Per WASPC Adult Arrests Juvenile Arrests Subtotal All Arrests, All Ages Average cost per arrest MJ Adult Possession arrests Cost of Adult Marijuana Possession Arrests

2010 Budget 19,567,050 1,145,140 $ 1,552,910 776,455 $ 21,488,645 $

1,991 237 2,228 $ 9,645 137 1,321,365

$

Page 18 of 29

IV Other Washington Cities/Counties for Adult Marijuana Possession Enforcement Bellingham is shown in two ways. The first table includes capital equipment purchases of $501,870. The second table excludes capital equipment purchases.
With Capital Expenditures City of Bellingham 2010 Budget Police Department Total Expenditures $ 23,217,650 Judicial and Support Services 3,017,156 Legal department @ 50% $ 2,547,156 1,273,578 Capital Equipment Purchases 501,870 Police Pension 1,141,036 Health Benefits by FTE @ 22.1% $ 11,229,993 2,481,828 Subtotal 31,633,118 Per WASPC Adult Arrests Juvenile Arrests Subtotal All Arrests, All Ages Average cost per arrest MJ Adult Possession arrests Cost of Adult Marijuana Possession Arrests $

3,042 443 3,485 9,077 125 1,134,625

$

Without Capital Expenditures City of Bellingham 2010 Budget Police Department Total Expenditures $ 23,217,650 Judicial and Support Services 3,017,156 Legal department @ 50% $ 2,547,156 1,273,578 Capital Equipment Purchases Police Pension 1,141,036 Health Benefits by FTE @ 22.1% $ 11,229,993 2,481,828 Subtotal 31,131,248 Per WASPC Adult Arrests Juvenile Arrests Subtotal All Arrests, All Ages Average cost per arrest MJ Adult Possession arrests Cost of Adult Marijuana Possession Arrests $

3,042 443 3,485 8,933 125 1,116,625

$

Page 19 of 29

IV Other Washington Cities/Counties for Adult Marijuana Possession Enforcement

Kitsap County Law and Justice Total Law and Justice Budget Per WASPC Adult Arrests Juvenile Arrests Subtotal All Arrests, All Ages Average cost per arrest MJ Adult Possession arrests Cost of Adult Marijuana Possession Arrests

$

2010 Budget 74,131,208 74,131,208

3,985 295 4,280 $ 17,320 105 1,818,600

$

Page 20 of 29

V Uniform Crime Reporting in Washington State

Uniform Crime Reports (UCR) are official data on crime in the United States, published by the Federal Bureau of Investigation (FBI). UCR is a "a nationwide, cooperative statistical effort of nearly 18,000 city, university and college, county, state, tribal, and federal law enforcement agencies voluntarily reporting data on crimes brought to their attention." Crime statistics are compiled from UCR data and published annually by the FBI in the Crime in the United States series. The FBI does not collect the data itself. Rather, law enforcement agencies across the United States provide the data to the FBI, which then compiles the Reports. In Washington State, local jurisdictions submit data to the WA Association of Sheriffs and Police Chiefs (WASPC). WASPC submit data to the FBI. In Washington State, participation in Uniform Crime Reporting is optional, not mandatory. When compiling the data for this study, it came to the author’s attention that there were significant gaps in data reported on UCR reports for Washington State. As noted earlier in this report, for Thurston County shows no arrest statistics for the years 2002 – 2011 in UCRs. A question arises: What other municipalities show no arrest statistics on the UCRs? An analysis was performed on the years 2006 – 2010 to determine what other municipalities show no arrest statistics on the UCR by County. The results are summarized on the following pages. For the years 2006 - 2010, there are between 20 and 26 municipalities showing no arrest statistics. These municipalities represent populations between 11.9% and 21.3% of the entire State of Washington. Conclusion by the author is that crime statistics in WA State are under-reported by a significant and undetermined amount.

Page 21 of 29

V Uniform Crime Reporting in Washington State Municipalities in WA State showing no arrest statistics on Uniform Crime Reports.
County Municipality 2006 2007 2008 2009 2010

GRANT MATTAWA GRANT WARDEN GRANT ROYAL CITY ISLAND COUPEVILLE KING BOTHELL KING BURIEN KING CARNATION KING COVINGTON KING ENUMCLAW KING FEDERAL WAY KING KENMORE KING KENT KING KING COUNTY KING MAPLE VALLEY KING NEW CASTLE KING NORTH BEND KING RENTON KING SAMMAMISH KING SEATAC KING SHORELINE KING TUKWILA KING WOODINVILLE LEWIS NAPAVINE PIERCE FIFE PIERCE ORTING SNOHOMISH SULTAN SPOKANE SPOKANE COUNTY SPOKANE SPOKANE, CITY OF THURSTON THURSTON COUNTY YAKIMA GRANGER YAKIMA MABTON Number of Municipalities not reported on Uniform Crime Reports Total populations of cities not reporting Total population of WA for year % of populations not reported on Uniform Crime Reports

X X X X X X X X X X X X X X X X X X X X

X X X X X X X X X X X X X X X X X X X X X

X X X X X X X X X X X X X X X X X X X X X X X X X X 26 1,339,156 6,549,224 21.4%

X X X X X X X X X X X X X X X X X X X X X X X X X 25 1,330,997 6,664,195 20.0%

X

X X X X X X X X X X X X X X X X X X X X X 22 1,231,477 6,724,570 18.2%

21 758,985 6,395,798 11.9%

21 1,215,786 6,568,424 18.8%

Page 22 of 29

V Uniform Crime Reporting in Washington State Municipalities showing no arrest statistics in Crime by County Uniform Crime Reports.
YEAR 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 COUNTY GRANT GRANT ISLAND KING KING KING KING KING KING KING KING KING KING KING KING KING KING PIERCE PIERCE SPOKANE THURSTON ORI WA01309 WA01310 WA0150 WA01707 WA01736 WA01743 WA01750 WA01737 WA01741 WA01703 WA01723 WA01740 WA01749 WA01747 WA01748 WA01742 WA01711 WA02713 WA02707 WA03204 WA03400 AGENCY MATTAWA ROYAL CITY COUPEVILLE KENT FEDERAL WAY SHORELINE SAMMAMISH SEATAC BURIEN BOTHELL TUKWILA WOODINVILLE KENMORE MAPLE VALLEY COVINGTON NEWCASTLE NORTH BEND ORTING FIFE SPOKANE, CITY OF THURSTON POP 3,343 1,986 1,844 83,206 84,516 52,918 34,954 31,265 25,512 3,144 17,261 10,059 19,900 15,413 16,895 9,447 4,668 4,871 5,663 200,200 131,920 21 758,985 6,395,798

Count of municipalities not reporting Total populations of cities not reporting Total population of WA for year

11.9% 100.0%

YEAR 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007

COUNTY GRANT GRANT ISLAND KING KING KING KING KING KING KING KING KING KING KING KING KING KING PIERCE SPOKANE SPOKANE THURSTON YAKIMA

ORI WA01309 WA01311 WA0150 WA01707 WA01743 WA01750 WA01737 WA01741 WA01703 WA01723 WA01740 WA01749 WA01747 WA01748 WA01742 WA01711 WA01700 WA02707 WA03204 WA03200 WA03400 WA03907

AGENCY MATTAWA WARDEN COUPEVILLE KENT SHORELINE SAMMAMISH SEATAC BURIEN BOTHELL TUKWILA WOODINVILLE KENMORE MAPLE VALLEY COVINGTON NEWCASTLE NORTH BEND KING COUNTY FIFE SPOKANE, CITY OF SPOKANE COUNTY THURSTON COUNTY GRANGER

POP 3,302 2,645 1,857 83,929 52,189 35,327 25,320 31,035 31,521 17,103 10,143 20,167 16,798 18,072 9,867 4,605 367,521 6,746 198,272 142,322 134,153 2,892 22 1,215,786 6,468,424

Count of municipalities not reporting Total populations of cities not reporting Total population of WA for year

18.8% 100.0%

Page 23 of 29

V Uniform Crime Reporting in Washington State

Municipalities showing no arrest statistics in Crime by County Uniform Crime Reports.
YEAR 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 COUNTY GRANT GRANT ISLAND KING KING KING KING KING KING KING KING KING KING KING KING KING KING KING KING KING KING PIERCE PIERCE SNOHOMISH SPOKANE SPOKANE THURSTON YAKIMA ORI WA01311 WA01309 WA01502 WA01707 WA01711 WA01713 WA01716 WA01736 WA01743 WA01750 WA01737 WA01741 WA01703 WA01704 WA01723 WA01740 WA01749 WA01742 WA01747 WA01748 WA01700 WA02713 WA02707 WA03115 WA03204 WA03200 WA03400 WA03907 AGENCY WARDEN MATTAWA COUPEVILLE KENT NORTH BEND RENTON CARNATION FEDERALWAY SHORELINE SAMMAMISH SEATAC BURIEN BOTHELL ENUMCLAW TUKWILA WOODINVILLE KENMORE NEWCASTLE MAPLE VALLEY COVINGTON KING COUNTY ORTING FIFE SULTAN SPOKANE, CITY OF SPOKANE COUNTY THURSTON COUNTY GRANGER POP 3,379 2,592 1,860 84,966 4,622 61,536 1,831 84,775 52,571 35,395 25,743 31,342 32,464 11,066 17,237 10,280 20,688 10,080 17,626 18,158 371,696 6,262 8,322 4,295 201,491 146,946 134,936 2,968 28 1,399,156 6,549,224

Count of municipalities not reporting Total populations of cities not reporting Total population of WA for year

21.4% 100.0%

Page 24 of 29

V Uniform Crime Reporting in Washington State

Municipalities showing no arrest statistics in Crime by County Uniform Crime Reports.
YEAR 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 COUNTY GRANT GRANT ISLAND KING KING KING KING KING KING KING KING KING KING KING KING KING KING KING KING LEWIS PIERCE SPOKANE SPOKANE THURSTON YAKIMA ORI WA01311 WA01309 WA01502 WA01707 WA01713 WA01743 WA01741 WA01737 WA01703 WA01750 WA01749 WA01747 WA01748 WA01723 WA01742 WA01740 WA01711 WA01716 WA01700 WA02107 WA02707 WA03204 WA03200 WA03400 WA03909 AGENCY WARDEN MATTAWA COUPEVILLE KENT RENTON SHORELINE BURIEN SEATAC BOTHELL SAMMAMISH KENMORE MAPLE VAL COVINGTON TUKWILA NEWCASTLE WOODINVIL NORTH BEND CARNATION KING COUNTY NAPAVINE FIFE SPOKANE, CITY OF SPOKANE COUNTY THURSTON COUNTY MABTON POP 2,585 3,227 1,907 84,363 63,599 51,877 31,263 25,886 32,517 40,837 20,568 20,700 18,619 17,084 10,138 11,417 5,731 1,806 379,806 1,618 8,622 202,932 152,514 139,293 2,088 25 1,330,997 6,664,195

Count of municipalities not reporting Total populations of cities not reporting Total population of WA for year

Page 25 of 29

V Uniform Crime Reporting in Washington State

Municipalities showing no arrest statistics in Crime by County Uniform Crime Reports.
YEAR 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 COUNTY GRANT KING KING KING KING KING KING KING KING KING KING KING KING KING KING KING PIERCE SPOKANE SPOKANE THURSTON YAKIMA YAKIMA ORI WA01309 WA01707 WA01743 WA01741 WA01750 WA01737 WA01703 WA01723 WA01740 WA01749 WA01748 WA01747 WA01742 WA01711 WA01716 WA01700 WA02707 WA03204 WA03200 WA03400 WA03907 WA03909 AGENCY MATTAWA KENT SHORELINE BURIEN SAMMAMISH SEATAC BOTHELL TUKWILA WOODINVILLE KENMORE COVINGTON MAPLE VALLEY NEWCASTLE NORTH BEND CARNATION KING COUNTY FIFE SPOKANE, CITY OF SPOKANE COUNTY THURSTON COUNTY GRANGER MABTON POP 4,437 92,411 53,007 33,313 45,780 26,909 33,505 19,107 10,938 20,460 17,575 22,684 10,380 5,731 1,786 325,893 9,173 208,916 148,255 135,685 3,246 2,286 22 1,231,477 6,724,540

Count of municipalities not reporting Total populations of cities not reporting Total population of WA for year 2010

18.3% 100.0%

Page 26 of 29

Part VI

Sample Document and References

Sample Lowest Enforcement Policy
RESOLUTION NO. ____________ A RESOLUTION declaring the City/County of ________ supports lowest-priority enforcement of ("marihuana/marijuana" or botanical name "cannabis") laws by law enforcement. WHEREAS, Our city/county sees the need to focus limited resources on violent and dangerous crimes. Taxpayers should not be burdened by the substantial cost of investigating, arresting, prosecuting and jailing people for non-violent marijuana possession; (1) WHEREAS, Americans were subjected to more than 850,000 arrests for marijuana-related arrests and such arrests accounted for more than half of all drug arrests in the United States in 2010. (2) WHEREAS, the failures and harms of the Drug War have fallen most heavily on racial minorities and lower income communities, and no racial or economic group in Washington or the United States has escaped the Drug War unharmed; (3) WHEREAS, federal education loans are denied to middle-income and lower-income students pursuant to Congressional amendments to the Higher Education Act where applicant students have been convicted of charges involving marijuana; (4) WHEREAS, the federal government has violated the will of citizens, and their civil liberties. Federal disregard of legally enacted state laws are inconsistent with state's powers, and runs counter to our democratic values. (5) NOW, THEREFORE, BE IT RESOLVED BY THE CITY/COUNTY COUNCIL OF _______________: A new ordinance is adopted and a new section is added to the Municipal Code titled "DRUGS. NEW SECTION: The City/County Manager shall ensure that the City/County Police/Sheriff Department and the City Attorney's office make investigation, arrest, and prosecution of non-violent offenses where marijuana was intended for personal use, the lowest law enforcement priority. Consistent with this policy, the City Police /County Sheriff Department and City Attorney /County Prosecutor shall not cooperate with federal agencies, or expend funds which may facilitate federal enforcement of marijuana possession. The City/County Manager, its’ Police/Sheriff Department and City Attorney/County Prosecutor shall make all relevant personnel aware of the intent and formalization of this resolution. Severability: If any provision of this resolution or its application to any person or circumstance is held invalid, the remainder of this ordinance or the application of the terms and provisions to other persons or circumstances shall not be affected. Interpretation: This act is to be liberally construed to effectuate the defined intent of the City of ______/ County of ________.

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Part VI

Sample Document and References

Links for Sample Lowest Enforcement Policy Lowest Enforcement Policy 1. Decriminalizing marijuana frees up police resources to deal with more serious crimes. http://norml.org/marijuana/personal/item/marijuana-decriminalization-talking-points-2#point1 2. 2010 arrests http://norml.org/news/2011/09/19/marijuana-prosecutions-for-2010-near-record-high 3. Racial minorities unfairly treated. http://blog.norml.org/2010/03/10/the-new-jim-crow-how-the-war-on-drugs-gave-birth-to-apermanent-american-undercaste/ 4. Consequences of convicted of charges involving marijuana. http://michaelsantos.net/prison-journal/the-oxford-handbook-chapter-3-review-the-felon-class-andcollateral-consequences/ 5. Justice Department Raids WA State Cannabis Dispensaries http://norml.org/news/2011/11/17/justice-department-raids-several-washington-state-cannabisdispensaries

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Part VI

Sample Document and References

References for Arrest Study: 1. ACLU-Washington “It’s Time For A Conversation” http://www.acluwa.org/sites/default/files/attachments/Marijuana%20Booklet2010reading%20copy.pdf 2. September 2011 Annual National Survey, by the Substance Abuse and Mental Health Services Administration. http://www.samhsa.gov/newsroom/advisories/1109075503.aspx 3. September 2010 Annual National Survey, by the Substance Abuse and Mental Health Services Administration http://store.samhsa.gov/product/Results-from-the-2009-National-Surveyon-Drug-Use-and-Health/SMA10-4586FINDINGS 4. September 2009 Annual National Survey, by the Substance Abuse and Mental Health Services
Administration http://store.samhsa.gov/product/Results-from-the-2008-National-Survey-onDrug-Use-and-Health-NSDUH-National-Findings/SMA09-4434

5. September 2008 Annual National Survey, by the Substance Abuse and Mental Health Services
Administration http://store.samhsa.gov/product/Results-from-the-2007-National-Survey-onDrug-Use-and-Health-NSDUH-National-Findings/SMA08-4343

6. US Census http://quickfacts.census.gov/qfd/states/02000.html 7. Marijuana Policy Project http://www.mpp.org/assets/lowest-law-enforcement.html

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