arrest and cost analysis of marijuana possession enforcement report 8-23-2012

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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

[email protected]

http://www.normlthurston.org

This report is divided into five different parts:

Part I Executive Summary Part II Introduction Part III Thurston County Expenditures for Adult Marijuana Possession Enforcement Part IV Other Washington Cities/Counties for Adult Marijuana Possession Enforcement Part V Uniform Crime Reporting in Washington State Part VI Sample Document and References

Part I Executive Summary

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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:

Jurisdiction

Adult Marijuana

Sales Arrests

Adult Marijuana Possession

Arrests

Cost of Adult Marijuana Possession

EnforcementThurston 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

For the Years 2002 - 2011

Part I Executive Summary

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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:

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.

Jurisdiction

Adult Marijuana

Sales Arrests

Adult Marijuana

Possession Arrests

Cost of Adult Marijuana

Possession Enforcement

1 Tacoma 56 401 4,167,192$ 2 Lynnwood 42 179 949,595$ 3 Pierce County 25 177 6,643,695$ 4 Kennewick 26 169 384,306$ 5 Richland 16 166 535,682$ 6 Yakima 56 138 907,212$ 7 Bellevue 33 138 3,065,532$ 8 Lakewood 22 137 1,321,365$ 9 Bellingham 38 125 1,134,625$

10 Kitsap County 41 105 1,818,600$

For the Year 2010

Part II Introduction

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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.

Part II Introduction

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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 Year Passed Vote % Oakland, CA 2004 Passed with 65% of the vote. Santa Barbara, CA 2006 Passed with 66% of the vote. Santa Cruz, CA 2006 Passed with 64% of the vote. San Francisco, CA 2006 San Francisco Board of Supervisors passed the

ordinance in an 8-3 vote. Santa Monica, CA 2006 Passed with 65% of the vote. West Hollywood, CA 2006 West Hollywood City Council passed the resolution in a

4-0 vote. Eureka Springs, AR 2006 Passed with 62% of the vote. Missoula County, MT* 2006 Passed with 54% of the vote. Denver, CO 2007 Passed with 55% of the vote. Fayetteville, AR 2008 Passed with 66% of the vote. Hawaii County, HI 2008 Passed with 53% of the vote. Hailey, ID 2010 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.

Kalamazoo, MI 2011 Passed with 66% of the vote. 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.

III. Thurston County Expenditures for Adult Marijuana Possession Enforcement

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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:

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.

Jurisdiction

Adult Marijuana

Sales Arrests

Adult Marijuana Possession

Arrests

Cost of Adult Marijuana Possession

EnforcementThurston 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

For the Years 2002 - 2011


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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 Total Arrests

Adult & JuveAdult 18B

MJ Sales Adult 18F MJ

Possession2007 635 - 29 2008 1,021 6 15 2009 938 6 6 2010 1,144 10 9 2011 1,162 2 21 Total 4,900 24 80

Thurston County 2010 2009 2008 2007Average Cost

Per ArrestPublic Safety 66,012,224$ 66,470,577$ 66,370,124$ 62,016,426$ Capital Outlay - Jail - 25,335,404 7,505,780 -

Total expenditures 66,012,224$ 91,805,981$ 73,875,904$ 62,016,426$

Total arrests for the year 1,144 938 1,021 635 Average cost per arrest 57,703$ 97,874$ 72,356$ 97,664$ 81,399$ Marijuana possession arrests for 5 years of data available 80 Marijuana possession eforcement costs for 5 years of data 6,511,920$

Estimate for 5 years of arrest data unavailable 4,806,560 Marijuana possession eforcement costs for 10 years 11,318,480$

Thurston County 2010 2009 2008 2007Average Cost

Per ArrestPublic Safety 66,012,224$ 66,470,577$ 66,370,124$ 62,016,426$ Capital Outlay - Jail - - - -


Total arrests for the year 1,144 938 1,021 635 Average cost per arrest 57,703$ 70,864$ 65,005$ 97,664$ 72,809$ Marijuana possession arrests for 5 years of data available 23 Marijuana possession eforcement costs for 5 years of data 1,674,607$

Estimate for 5 years of arrest data unavailable 4,806,560 Marijuana possession eforcement costs for 10 years 6,481,167$

With Capital Outlay

Without Capital Outlay

Actual Expenditures from Published Financial Statements

Actual Expenditures from Published Financial Statements


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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 Total Arrests Adult & Juve

Adult 18B MJ Sales

Adult 18F MJ Possession

2002 3,375 9 138 2003 2,992 3 126 2004 2,656 2 107 2005 2,661 1 38 2006 3,259 8 58 2007 2,906 1 12 2008 2,564 4 11 2009 2,128 3 7 2010 2,818 3 13 2011 2,597 5 27 Total 27,956 39 537

City of Olympia 2010 2009 2008 2007Average Cost

Per ArrestPolice Dept 13,192,427$ 12,872,566$ 12,616,128$ 12,446,072$ Legal Dept @ 50% 541,695$ 531,396$ 523,579$ 426,082$ Municipal Court 1,445,862$ 1,578,177$ 1,623,653$ 1,497,637$ Special Accounts Medical Benefits Retired Police LEOFF * actual not available, using budgeted figure 510,180$ 448,500$ 475,300$ 468,300$


Total arrests for the year 2,818 2,128 2,564 2,906 Average cost per arrest 5,568$ 7,251$ 5,943$ 5,106$ 5,967$ Marijuana possession arrests 537 Marijuana possession eforcement costs 3,204,279$

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


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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.

City of Lacey Total Arrests Adult & Juve

Adult 18B MJ Sales


2002 1,463 39 13 2003 1,494 24 5 2004 1,593 40 4 2005 1,611 41 12 2006 1,664 50 8 2007 1,579 48 7 2008 1,678 59 6 2009 1,429 44 8 2010 1,624 51 5 2011 1,620 100 20 Total 15,755 496 88

Lacey 2010 2009 2008 2007Average Cost

Per ArrestPolice Dept 7,838,944$ 7,091,032$ 7,079,922$ 6,428,323$ Legal Dept @ 50% 217,704 218,171 201,443 189,276 Contracted Svcs, District Court 205,578 219,059 191,770 172,023 Contracted Svcs, Public Defender 141,375 137,935 106,050 98,945 Contracted Svcs, Victim Advocate 70,140 55,050 30,028 28,560 Contracted Svcs, Thurston County Corrections 82,516 58,514 91,056 84,986 Contracted Svcs, Other Jail Services 486,167 417,703 459,429 507,749 Criminal Justice Fund 543,142 620,144 624,624 565,684 Narcotics Task Force - - 767,738 743,617 Equipment Rental Fund - Police 374,997 293,430 399,499 491,129 Information Management Service Fund - Police 174,022 99,174 262,151 60,780


Total arrests for the year 1,624 1,429 1,678 1,579 Average cost per arrest 6,241$ 6,445$ 6,087$ 5,935$ 6,177$ Marijuana possession arrests 88 Marijuana possession eforcement costs 543,576$


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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.

City of Tumwater Total Arrests Adult & Juve

Adult 18B MJ Sales


2002 625 - 112 2003 654 - 97 2004 681 3 27 2005 554 1 14 2006 509 4 6 2007 413 1 4 2008 376 1 2 2009 389 - 5 2010 428 2 12 2011 731 2 15 Total 5,360 14 294

Tumwater 2010 2009 2008 2007Average Cost

Per ArrestPolice Dept 4,129,896$ 4,044,836$ 3,663,358$ 3,486,504$


Total arrests for the year 428 389 376 413 Average cost per arrest 9,649$ 10,398$ 9,743$ 8,442$ 9,558$ Marijuana possession arrests 294 Marijuana possession eforcement costs 2,810,052$


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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 Total Arrests Adult & Juve

Adult 18B MJ Sales


2002 347 - 13 2003 360 - 8 2004 432 - 10 2005 417 - 10 2006 421 - 23 2007 364 - 21 2008 401 - 16 2009 343 - 9 2010 305 1 3 2011 334 - 2 Total 3,724 1 115

Yelm 2010 2009 2008 2007Average Cost

Per ArrestPublic Safety from annual financials 2,197,234$ 2,134,270$ 1,994,430$ 1,783,197$ Estimated % for law enforcement 50% 50% 50% 50%

Estimated Law Enforcement 1,098,617$ 1,067,135$ 997,215$ 891,599$

Total arrests for the year 305 343 376 364 Average cost per arrest 3,602$ 3,111$ 2,652$ 2,449$ 2,954$ Marijuana possession arrests 115 Marijuana possession eforcement costs 339,710$


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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 Total Arrests Adult & Juve

Adult 18B MJ Sales

Adult 18F MJ

2002 227 - 24 2003 247 - 19 2004 - - - 2005 35 - - 2006 35 - 1 2007 44 2 2 2008 46 5 1 2009 76 3 8 2010 63 - 18 2011 68 - 17 Total 841 10 90

Rainier 2009Average Cost

Per ArrestPublic Safety from annual financials 189,687$ Estimated % for law enforcement 50%

Estimated Law Enforcement 94,844$

Total arrests for the year 76 Average cost per arrest 1,248$ 1,248$ Marijuana possession arrests 90 Marijuana possession eforcement costs 112,320$


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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.

City of Tenino Total Arrests Adult & Juve

Adult 18B MJ Sales


2002 34 - - 2003 54 1 1 2004 35 - 2 2005 82 4 3 2006 88 - 2 2007 88 2 2 2008 90 9 1 2009 95 5 7 2010 126 7 32 2011 45 2 12 Total 737 30 62

Tenino 2010 2009 2008 2007Average Cost

Per ArrestPublic Safety from annual financials 766,946$ 682,035$ 540,958$ 627,115$ Estimated % for law enforcement 50% 50% 50% 50%Estimated Law Enforcement 383,473$ 341,018$ 270,479$ 313,558$

Total arrests for the year 126 95 90 88 Average cost per arrest 3,043$ 3,590$ 3,005$ 3,563$ 3,300$ Marijuana possession arrests 62 Marijuana possession eforcement costs 204,600$

IV Other Washington Cities/Counties for Adult Marijuana Possession Enforcement

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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:

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.

Jurisdiction

Adult Marijuana

Sales Arrests

Adult Marijuana

Possession Arrests

Cost of Adult Marijuana

Possession Enforcement

1 Tacoma 56 401 4,167,192$ 2 Lynnwood 42 179 949,595$ 3 Pierce County 25 177 6,643,695$ 4 Kennewick 26 169 384,306$ 5 Richland 16 166 535,682$ 6 Yakima 56 138 907,212$ 7 Bellevue 33 138 3,065,532$ 8 Lakewood 22 137 1,321,365$ 9 Bellingham 38 125 1,134,625$

10 Kitsap County 41 105 1,818,600$

For the Year 2010


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City of Tacoma2009/2010

Adopted BudgetPolice Department Budget 144,986,227$ Municipal Court 8,169,878 Relief & Pension 12,465,000 Health Care Trust Police LEOFF 6,127,303 Law Enforcement Support Agency 41,083,240 Legal @ 50% 7,307,173$ 3,653,587 Subtotal 216,485,235$

Biennium budget: Divide by 2 for annual budget 108,242,617$

Per WASPCAdult Arrests 9,361 Juvenile Arrests 1,055 Subtotal All Arrests, All Ages 10,416

Average cost per arrest 10,392$

MJ Adult Possession arrests 401 Cost of Adult Marijuana Possession Arrests 4,167,192$

City of Lynnwood 2009 -2010 BudgetPolice Department Total Expenditures 32,356,236$ City Attorney @ 50% 1,578,718$ 789,359 Municipal Court 2,560,398 Subtotal 35,705,993

Biennium Budget; divide by 2 for total annual budget 17,852,997$

Per WASPCAdult Arrests 2,822 Juvenile Arrests 543 Subtotal All Arrests, All Ages 3,365


MJ Adult Possession arrests 179 Cost of Adult Marijuana Possession Arrests 949,595$


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Pierce County 2010 BudgetPublic Safety 162,800,930$ Legal and Judicial 73,818,710 Total Public Safety & Judicial 236,619,640




City of Kennewick 2009 -2010 BudgetPolice Department Total Expenditures 33,457,316$ City Attorney @ 50% 2,505,545$ 1,252,773 Other Post Employement Benefits @ 50% 1,834,000$ 917,000 Subtotal 35,627,089

Biennium Budget; divide by 2 for total annual budget 17,813,545$





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City of Richland 2010 BudgetPolice Department Total Expenditures 11,446,846$ Police Station 277,106 Police Pension 893,633 City Attorney @ 50% 1,197,074$ 598,537 Criminal Justice Fund 130,635 Subtotal 13,346,757$




City of Yakima 2010 BudgetPolice Department Total Expenditures 22,999,008$ Legal @ 50% 1,142,950$ 571,475 Municipal Court 1,262,770 Indigent Defense 480,000 Police Pension 1,373,040 Law & Justice Capital 1,071,000 Employees Health Benefit, based on FTE % 28.4 10,553,586$ 2,997,218 Subtotal 30,754,511$





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City of Bellevue 2009-2010 BudgetPolice Department Total Expenditures 74,692,264$ City Attorney @ 50% 6,703,306$ 3,351,653 Health Benefits Fund @ 25.9% 41,863,405$ 10,842,622 LEOFF I Medical Reserve Fund @ 25.9% 18,237,469$ 4,723,504 Rainey Day Reserve Fund @ 25.9% 5,320,000$ 1,377,880 Subtotal 94,987,923

Biennium budget: Divide by 2 for annual budget 47,493,962$




City of Lakewood 2010 BudgetPolice Department Total Expenditures 19,567,050$ Judicial and Support Services 1,145,140 Legal @ 50% 1,552,910$ 776,455 Subtotal 21,488,645$





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Bellingham is shown in two ways. The first table includes capital equipment purchases of $501,870. The second table excludes capital equipment purchases.

City of Bellingham 2010 BudgetPolice 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




City of Bellingham 2010 BudgetPolice 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




With Capital Expenditures

Without Capital Expenditures


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Kitsap County 2010 BudgetLaw and Justice 74,131,208$ Total Law and Justice Budget 74,131,208




V Uniform Crime Reporting in Washington State

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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.


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Municipalities in WA State showing no arrest statistics on Uniform Crime Reports.

County Municipality 2006 2007 2008 2009 2010 GRANT MATTAWA X X X X X GRANT WARDEN X X X GRANT ROYAL CITY X ISLAND COUPEVILLE X X X X KING BOTHELL X X X X KING BURIEN X X X X X KING CARNATION X X KING COVINGTON X X X X X KING ENUMCLAW X KING FEDERAL WAY X X KING KENMORE X X X X X KING KENT X X X X X KING KING COUNTY X X X X KING MAPLE VALLEY X X X X X KING NEW CASTLE X X X X X KING NORTH BEND X X X X KING RENTON X X KING SAMMAMISH X X X X X KING SEATAC X X X X X KING SHORELINE X X X X X KING TUKWILA X X X X X KING WOODINVILLE X X X X X LEWIS NAPAVINE X PIERCE FIFE X X X X X PIERCE ORTING X X SNOHOMISH SULTAN X SPOKANE SPOKANE COUNTY X X X X SPOKANE SPOKANE, CITY OF X X X X X THURSTON THURSTON COUNTY X X X X X YAKIMA GRANGER X X YAKIMA MABTON X X Number of Municipalities not reported on Uniform Crime Reports 21 21 26 25 22

Total populations of cities not reporting 758,985 1,215,786 1,339,156 1,330,997 1,231,477

Total population of WA for year 6,395,798 6,568,424 6,549,224 6,664,195 6,724,570 % of populations not reported on Uniform Crime Reports

11.9%

18.8%

21.4%

20.0%

18.2%


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Municipalities showing no arrest statistics in Crime by County Uniform Crime Reports.

YEAR COUNTY ORI AGENCY POP 2006 GRANT WA01309 MATTAWA 3,343 2006 GRANT WA01310 ROYAL CITY 1,986 2006 ISLAND WA0150 COUPEVILLE 1,844 2006 KING WA01707 KENT 83,206 2006 KING WA01736 FEDERAL WAY 84,516 2006 KING WA01743 SHORELINE 52,918 2006 KING WA01750 SAMMAMISH 34,954 2006 KING WA01737 SEATAC 31,265 2006 KING WA01741 BURIEN 25,512 2006 KING WA01703 BOTHELL 3,144 2006 KING WA01723 TUKWILA 17,261 2006 KING WA01740 WOODINVILLE 10,059 2006 KING WA01749 KENMORE 19,900 2006 KING WA01747 MAPLE VALLEY 15,413 2006 KING WA01748 COVINGTON 16,895 2006 KING WA01742 NEWCASTLE 9,447 2006 KING WA01711 NORTH BEND 4,668 2006 PIERCE WA02713 ORTING 4,871 2006 PIERCE WA02707 FIFE 5,663 2006 SPOKANE WA03204 SPOKANE, CITY OF 200,200 2006 THURSTON WA03400 THURSTON 131,920

Count of municipalities not reporting 21 Total populations of cities not reporting 758,985 11.9%Total population of WA for year 6,395,798 100.0%

YEAR COUNTY ORI AGENCY POP 2007 GRANT WA01309 MATTAWA 3,302 2007 GRANT WA01311 WARDEN 2,645 2007 ISLAND WA0150 COUPEVILLE 1,857 2007 KING WA01707 KENT 83,929 2007 KING WA01743 SHORELINE 52,189 2007 KING WA01750 SAMMAMISH 35,327 2007 KING WA01737 SEATAC 25,320 2007 KING WA01741 BURIEN 31,035 2007 KING WA01703 BOTHELL 31,521 2007 KING WA01723 TUKWILA 17,103 2007 KING WA01740 WOODINVILLE 10,143 2007 KING WA01749 KENMORE 20,167 2007 KING WA01747 MAPLE VALLEY 16,798 2007 KING WA01748 COVINGTON 18,072 2007 KING WA01742 NEWCASTLE 9,867 2007 KING WA01711 NORTH BEND 4,605 2007 KING WA01700 KING COUNTY 367,521 2007 PIERCE WA02707 FIFE 6,746 2007 SPOKANE WA03204 SPOKANE, CITY OF 198,272 2007 SPOKANE WA03200 SPOKANE COUNTY 142,322 2007 THURSTON WA03400 THURSTON COUNTY 134,153 2007 YAKIMA WA03907 GRANGER 2,892

Count of municipalities not reporting 22 Total populations of cities not reporting 1,215,786 18.8%Total population of WA for year 6,468,424 100.0%


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YEAR COUNTY ORI AGENCY POP 2008 GRANT WA01311 WARDEN 3,379 2008 GRANT WA01309 MATTAWA 2,592 2008 ISLAND WA01502 COUPEVILLE 1,860 2008 KING WA01707 KENT 84,966 2008 KING WA01711 NORTH BEND 4,622 2008 KING WA01713 RENTON 61,536 2008 KING WA01716 CARNATION 1,831 2008 KING WA01736 FEDERALWAY 84,775 2008 KING WA01743 SHORELINE 52,571 2008 KING WA01750 SAMMAMISH 35,395 2008 KING WA01737 SEATAC 25,743 2008 KING WA01741 BURIEN 31,342 2008 KING WA01703 BOTHELL 32,464 2008 KING WA01704 ENUMCLAW 11,066 2008 KING WA01723 TUKWILA 17,237 2008 KING WA01740 WOODINVILLE 10,280 2008 KING WA01749 KENMORE 20,688 2008 KING WA01742 NEWCASTLE 10,080 2008 KING WA01747 MAPLE VALLEY 17,626 2008 KING WA01748 COVINGTON 18,158 2008 KING WA01700 KING COUNTY 371,696 2008 PIERCE WA02713 ORTING 6,262 2008 PIERCE WA02707 FIFE 8,322 2008 SNOHOMISH WA03115 SULTAN 4,295 2008 SPOKANE WA03204 SPOKANE, CITY OF 201,491 2008 SPOKANE WA03200 SPOKANE COUNTY 146,946 2008 THURSTON WA03400 THURSTON COUNTY 134,936 2008 YAKIMA WA03907 GRANGER 2,968

Count of municipalities not reporting 28 Total populations of cities not reporting 1,399,156 21.4%Total population of WA for year 6,549,224 100.0%


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YEAR COUNTY ORI AGENCY POP 2009 GRANT WA01311 WARDEN 2,585 2009 GRANT WA01309 MATTAWA 3,227 2009 ISLAND WA01502 COUPEVILLE 1,907 2009 KING WA01707 KENT 84,363 2009 KING WA01713 RENTON 63,599 2009 KING WA01743 SHORELINE 51,877 2009 KING WA01741 BURIEN 31,263 2009 KING WA01737 SEATAC 25,886 2009 KING WA01703 BOTHELL 32,517 2009 KING WA01750 SAMMAMISH 40,837 2009 KING WA01749 KENMORE 20,568 2009 KING WA01747 MAPLE VAL 20,700 2009 KING WA01748 COVINGTON 18,619 2009 KING WA01723 TUKWILA 17,084 2009 KING WA01742 NEWCASTLE 10,138 2009 KING WA01740 WOODINVIL 11,417 2009 KING WA01711 NORTH BEND 5,731 2009 KING WA01716 CARNATION 1,806 2009 KING WA01700 KING COUNTY 379,806 2009 LEWIS WA02107 NAPAVINE 1,618 2009 PIERCE WA02707 FIFE 8,622 2009 SPOKANE WA03204 SPOKANE, CITY OF 202,932 2009 SPOKANE WA03200 SPOKANE COUNTY 152,514 2009 THURSTON WA03400 THURSTON COUNTY 139,293 2009 YAKIMA WA03909 MABTON 2,088

Count of municipalities not reporting 25 Total populations of cities not reporting 1,330,997 Total population of WA for year 6,664,195


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YEAR COUNTY ORI AGENCY POP 2010 GRANT WA01309 MATTAWA 4,437 2010 KING WA01707 KENT 92,411 2010 KING WA01743 SHORELINE 53,007 2010 KING WA01741 BURIEN 33,313 2010 KING WA01750 SAMMAMISH 45,780 2010 KING WA01737 SEATAC 26,909 2010 KING WA01703 BOTHELL 33,505 2010 KING WA01723 TUKWILA 19,107 2010 KING WA01740 WOODINVILLE 10,938 2010 KING WA01749 KENMORE 20,460 2010 KING WA01748 COVINGTON 17,575 2010 KING WA01747 MAPLE VALLEY 22,684 2010 KING WA01742 NEWCASTLE 10,380 2010 KING WA01711 NORTH BEND 5,731 2010 KING WA01716 CARNATION 1,786 2010 KING WA01700 KING COUNTY 325,893 2010 PIERCE WA02707 FIFE 9,173 2010 SPOKANE WA03204 SPOKANE, CITY OF 208,916 2010 SPOKANE WA03200 SPOKANE COUNTY 148,255 2010 THURSTON WA03400 THURSTON COUNTY 135,685 2010 YAKIMA WA03907 GRANGER 3,246 2010 YAKIMA WA03909 MABTON 2,286

Count of municipalities not reporting 22 Total populations of cities not reporting 1,231,477 18.3%Total population of WA for year 2010 6,724,540 100.0%

Part VI Sample Document and References

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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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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-a-permanent-american-undercaste/

4. Consequences of convicted of charges involving marijuana.

http://michaelsantos.net/prison-journal/the-oxford-handbook-chapter-3-review-the-felon-class-and-collateral-consequences/

5. Justice Department Raids WA State Cannabis Dispensaries

http://norml.org/news/2011/11/17/justice-department-raids-several-washington-state-cannabis-dispensaries

http://norml.org/marijuana/personal/item/marijuana-decriminalization-talking-points-2#point1�

http://norml.org/news/2011/09/19/marijuana-prosecutions-for-2010-near-record-high�

http://blog.norml.org/2010/03/10/the-new-jim-crow-how-the-war-on-drugs-gave-birth-to-a-permanent-american-undercaste/�

http://blog.norml.org/2010/03/10/the-new-jim-crow-how-the-war-on-drugs-gave-birth-to-a-permanent-american-undercaste/�

http://michaelsantos.net/prison-journal/the-oxford-handbook-chapter-3-review-the-felon-class-and-collateral-consequences/�

http://michaelsantos.net/prison-journal/the-oxford-handbook-chapter-3-review-the-felon-class-and-collateral-consequences/�

http://norml.org/news/2011/11/17/justice-department-raids-several-washington-state-cannabis-dispensaries�

http://norml.org/news/2011/11/17/justice-department-raids-several-washington-state-cannabis-dispensaries�


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References for Arrest Study:

1. ACLU-Washington “It’s Time For A Conversation” http://www.aclu-

wa.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-Survey-on-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-on-Drug-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-on-Drug-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

http://www.aclu-wa.org/sites/default/files/attachments/Marijuana%20Booklet2010reading%20copy.pdf�

http://www.aclu-wa.org/sites/default/files/attachments/Marijuana%20Booklet2010reading%20copy.pdf�

http://www.samhsa.gov/newsroom/advisories/1109075503.aspx�

http://store.samhsa.gov/product/Results-from-the-2009-National-Survey-on-Drug-Use-and-Health/SMA10-4586FINDINGS�

http://store.samhsa.gov/product/Results-from-the-2009-National-Survey-on-Drug-Use-and-Health/SMA10-4586FINDINGS�

http://store.samhsa.gov/product/Results-from-the-2008-National-Survey-on-Drug-Use-and-Health-NSDUH-National-Findings/SMA09-4434�




http://quickfacts.census.gov/qfd/states/02000.html�

http://www.mpp.org/assets/lowest-law-enforcement.html�

arrest and cost analysis of marijuana possession enforcement report 8-23-2012

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