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November 6, 2018 — California General Election
County

Kern County
Measure K - Majority Approval Required

To learn more about measures, follow the links for each tab in this section. For most screenreaders, you can hit Return or Enter to enter a tab and read the content within.

Election Results

Failed

92,634 votes yes (47.62%)

101,877 votes no (52.38%)

100% of precincts reporting (655/655).

Allow/Regulate Commercial Medicinal & Adult-Use Cannabis Businesses
— undefined

Shall County adopt the ordinance proposed by initiative petition and known as Kern Regulation and Taxation of Cannabis Act of 2018 to allow and regulate commercial medicinal and adult-use cannabis retailing, testing, cultivation, processing, packaging, and distribution in the unincorporated area, subject to State licensing requirements; impose permit fees on cannabis businesses; allow no more than 35 dispensary permits; and levy a perpetual 5% annual tax on the gross receipts of dispensaries [fiscal impact unknown]?

What is this proposal?

Measure Details — Official information about this measure

Impartial analysis / Proposal

Kern County Registrar of Voters

This measure was placed on the ballot by a petition signed by a number of voters not less than 10% of the number of votes cast within the County for all candidates for Governor at the last gubernatorial election, as required by Elections Code section 9118.

The measure proposes to add chapter 19.120 to the Kern County zoning ordi­nance to regulate all commercial medicinal and adult-use cannabis activities, in­cluding retail, testing, cultivation, processing, packaging, and distribution.

Retail and testing may only be located in agricultural, commercial, or industrial zones. All activities other than retail and testing must be located in either of two commercial cannabis areas located adjacent to Interstate 5, one near its intersec­tion with SR 58 and one near its intersection with Copus Road. Outdoor cultivation may only be located in agricultural zones located within the commercial cannabis areas. Indoor cultivation, processing, packaging, and distribution may only be lo­cated in agricultural or industrial zones located within the commercial cannabis areas.

Retail and testing must be located at least 1,000 feet from schools, day cares, public parks, and youth centers. All other cannabis activities must be located at least 1,000 feetfrom schools, daycares, public parks, and youth centersthat were in existence on January 1, 2018.

All retail is subject to the conditional use permit process. The County may not is­sue more than 35 retail conditional use permits.

All cannabis activities are subject to zoning development standards pertaining to matters such as parking, signs, security, noise, and odor control.

Dispensaries that were in operation by May 10, 2016 may continue to operate for two years from the measure’s effective date and may apply for a conditional use permit.

A facility that conducts cannabis activities other than testing may not be estab­lished or modified without the County Planning Director’s approval of a site devel­opment plan. Denial of the site development plan maybe appealed to the Board of Supervisors.

The measure affirmsthat personal cannabis use must be in accord with state law.

The measure makes any violation of the zoning ordinance an infraction punish­able by a fine of up to $1,000. Violators of the zoning ordinance would also be sub­ject to administrative penalties of up to $100 for a first violation, $200 for a second violation, and $500 for each additional violation within one year.

The measure provides for the imposition of fees and taxes on cannabis activities, including an annual tax of 5% of the gross receipts of dispensaries, and provides for a hierarchy of priorities that the Board of Supervisors must consider priorto the distribution of tax and fee revenue.

The measure does not contain a provision for amendment, so it may not be amended except by a vote of the people.

This wording applies to Measure K:

This is an impartial analysis of Measure K. If you want a copy of the County’s resolution ordering the election to vote on Measure K, please call Kern County Elections at (661) 868-3590 or 1-800-452-8683 and a copy will be mailed at no cost to you.

Published Arguments — Arguments for and against the ballot measure

Arguments FOR

MEASURE K IS FOR KERN!

A YES vote on Measure K taxes and regulates medical marijuana, commercial cannabis and industrial hemp. Experts agree this cannabis and hemp initiative is saving Kern County. Republicans, Democrats, Independents, county officials, veterans, law enforcement, fireman, farmers, realtors, teachers and tax payers support Measure K.

Good people know responsible regulations when they see it.
Measure K:

1. Protects medical cannabis and the right of adults and caregiversto access the therapy of their choice without judgment or having cannabis in their medical records

2. Creates an industry run by veterans for the benefit for veterans

3. Strictly regulates cannabis and limits the number of retail stores to 35

4. Protects terminally and seriously ill patients from arrest and prosecution

5. Locks commercial cannabis and hemp into a restricted area near the I-5 corridor, away from all neighborhoods and schools

6. Stops marijuana shops and cannabis farms from locating near schools, homes and businesses

7. Requires marijuana stores have 24/7 security and restricts hours of operation, advertising and signage

8. Provides millions of dollars MORE REVENUE because taxes are included in every sale. This makes it impossible to cook the books to avoid taxes!

9. Guarantees every cannabis business in Kern pays its fair share of taxes and contributes to the community for the privilege of operating here

10.Brings the $1 billion hemp industry to Kern. This is a once in a lifetime opportunity to develop good jobs and prosperity for farmers!

Measure K is for Kern! Please VOTE YES on Measure Kto impose strict con­trols on commercial cannabis and build a prosperous hemp industry in Kern.

s/Chad Garcia, Veteran
s/Gabriel Godinez, Atty
s/Diane P. Clayton-Alejandro, Veteran

— Kern County Registrar of Voters

Arguments AGAINST

          OUT OF COUNTY INTEREST

- NO PROTECTION FOR OUR LOCAL FARMERS -
          LIMITED TAX REVENUE
             JUST SAY NO !

Measure K was written by a Los Angeles Real Estate Investment firm “In­dustrial Partners Group.”

These investors DO NOT LIVE IN KERN COUNTY and their ONLY interest is creating a RECREATIONAL commercial cannabis MONOPOLY for themselves.

This Measure was written SPECIFICALLY and ONLY for the Industrial Part­ners Group Investment Property in South Western Kern County.

MEASURE K DOES NOT BENEFIT ANY  OF OUR COMMUNTIES IN KERN COUNTY.

MEASURE K PROHIBITS KERN COUNTY FARMERS RIGHTto grow hemp or cannabis on their farmland.

MEASURE K limits jobs, tax revenue, business opportunities and restricts free trade in Kern County.

MEASURE K FORCES KERN COUNTY TO PERMIT 35 RECREATIONAL MARIJUANA DISPENSARIES. ALL COMMERCIAL MARIJUANA ACTIVITY WILL ONLY BE PERMITTED ON THEIR PROPERTY.

Protect Kern County from GREEDY LOS ANGELES INVESTORS that have written their own law to take over OUR FARMS, OUR LAND, OUR WATER, AND OUR WASTE RESOURCES.

Say NO to Los Angeles investors writing Kern County laws to monopolize our Agriculture Industry.

SAY NO TO RECREATIONAL CANNABIS SALES!!

SAY NO TO CORRUPTION!!

         JUST SAY NO TO MEASURE K

s/Heather L. Epps, Kern Citizens Patient Rights
s/Jeff G Jarvis

— Kern County Registrar of Voters

Replies to Arguments FOR

The Cannabis Industry must follow Strict RegulationUnder the Bureau of Cannabis Control (BBC)

Kern County will NOT issue permits for hundreds of Dispensaries under Measure J.

Medicinal Cannabis was legalized in The State of California in 1996 under the voter approved initiative “The Compassionate Use Act of 1996". Terminally ill pa­tients have been protected from arrest and prosecution for 22 years. CALIFORNIA LAW PROTECTS RECRETIONAL USE AND MEDINCINAL CANNABIS PATIENTS

Measure J is Local Zoning Regulation written by Local leaders in the cannabis Industry.

Under Measure J ANYONE in Kern County interested in the Medicinal Cannabis industry will be able to apply for a permit.

The State of California State requires 24/7 security and restricts hours of opera­tion, signage, advertising and requires Taxes -

The terminally ill should not be required to pay an additional sales tax. The Canna­bis businesses should pay the tax.

JUST SAY NO TO MEASURE K!

The Industrial Hemp Industry’s annual revenue for the ENTIRE EARTH is $3.9 Billion. Measure K will not bring a $1B hemp industry to Kern County. Measure K will offer FARM LABOR JOBS for their Industrial Hemp Monopoly!

Measure K doesn’t regulate The State of California does!

s/Heather Epps, KCPR
s/Jeff Jarvis
s/Gary Fly, Veteran, Local Business Owner

— Kern County Registrar of Voters

Replies to Arguments AGAINST

As a veteran, father of 3, and lifelong Kern resident, Measure K has my 100% support. I have no financial interest in this measure. Iam committed to fight­ing for my community’s future and for doing what is right for Kern. Every re­spected county official, radio host, TV personality and local leader, regardless of politics, agrees on one thing:

K is for KERN

MEASURE K BENEFITS VETERANS. Skill, training and luck kept me alive in Af­ghanistan, but cannabis gave me my life back. Combat survivors need more than medicine, they deserve good jobs and opportunity in a successful industry that welcomes veterans.

MEASURE K BENEFITS PATIENTS by giving safe access to veterans, termi­nally ill, uninsured or those who don’t want cannabis included in their medical re­cords. The term “recreational” use is offensive. Cannabis is about overcoming disease, eliminating symptoms, and getting off addictive pharmaceuticals.

MEASURE K BENEFITS NEIGHBORHOOODS by restricting dispensary loca­tions, limiting signs and preventing shops from running 24 hours/day.

MEASURE K BENEFITS FAMERS by permitting hemp and cannabis in agricul­tural zones far from families and businesses. Only Measure K tightly regulates water resources. Only Measure K permits hemp. Kern will be #1 for hemp in the USA!

MEASURE K equals $$$ for KERN. Kern deserves tax revenue from every dollar spent on cannabis. The local jokers and gangsters who have run illegal shops in Kern will be forced to paytheirfairshare of taxes. No taxcheats! No cook­ing the books!

PLEASE VOTE YES ON K
s/Chad Garcia, Combat Veteran

— Kern County Registrar of Voters
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