presents
Voter’s Edge California
Conozca la información antes de votar.
Presentado por
MapLight
League of Women Voters of California Education Fund
KPBS Voters Guide@KPBSNews
November 8, 2016 — Elección General de California
Local

City of Avalon
Measure X - 2/3 Approval Required

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Resultados electorales

No se aprueba

421 votos si (36.67%)

727 votos no (63.33%)

100% de distritos activos (2/2).

Permit Medical Marijuana Dispensaries and Similar Facilities
— undefined

Shall the Avalon Municipal Code be amended to permit up to two medical marijuana dispensaries and similar facilities, both fixed and mobile, to operate within the City, and to permit the cultivation, manufacture and processing of medical marijuana products, subject to specified standards, and further subject to a $10,000 annual license tax and a 12% transaction fee/tax on each individual medical marijuana sale, until repealed by voters, and generating approximately $200,000 annually?

¿Qué es esta propuesta?

Información básica sobre la iniciativa de ley — Información oficial sobre esta iniciativa

Un voto por el SÍ significa

A “Yes” vote on Measure “X” will approve this Measure.

Un voto por el NO significa

 

“No” vote on Measure “X” will not approve this Measure.

Análisis del analista legislativo / Proposal

City Attorney Scott H. Campbell

CITY ATTORNEY’S IMPARTIAL ANALYSIS OF MEASURE X

PERMITTING MEDICAL MARIJUANA USE AND DISPENSARIES WITHIN THE CITY

The City of Avalon currently bans medical marijuana dispensaries and similar businesses from operating within the City, as well as marijuana cultivation and distribution.

On June 7, 2016 the City Council determined that Measure “X” had obtained sufficient petition signatures to qualify for the ballot and, pursuant to California Elections law, placed it on the November 8, 2016 ballot.

Measure “X” would repeal Avalons current ban on medical marijuana dispensaries/facilities, and would allow up to two facilities in the City at any single time, whether mobile or at fixed locations, to provide medical marijuana to qualified patients when recommended by a physician in accordance with California law. The recommendation may be either oral or in writing. Measure “X” would also permit medical marijuana consumption at a facility. It would prohibit facilities from locating within 1,000 feet of a public school or within 200 feet of the mean tide line, but they may otherwise locate anywhere in the City.

Measure “X” would permit qualified patients to form medical marijuana collectives. It sets no limits on the size of the collective nor does it require any member involvement in the cultivation or distribution of medical marijuana. Measure “X” does not limit the amount of medical marijuana a qualified patient or primary caregiver may possess, except that each patient may possess enough to meet personal medical needs.

Measure “X” imposes an annual license tax of $10,000 per facility and directs fifty percent (50%) of that tax to Long Beach Unified School District schools in Avalon for drug and alcohol abuse education. It also imposes a twelve percent (12%) transaction fee on all medical marijuana purchases, to be directed as follows: one-third (33.3%) to drug and alcohol education for Avalon students, one-third (33.3%) to the City’s general fund, and one-third (33.3%) to Avalons Parks and Recreation Department. Because portions of these taxes are imposed for specific purposes, they are “special taxes under California law. Measure “X” therefore requires two-thirds voter approval to pass.

A Statewide initiative measure has qualified for the November 8, 2016 ballot that would legalize personal possession and use of recreational marijuana, as well as permit indoor cultivation of medical or recreational marijuana, subject to reasonable city regulations. At this time, it is unknown whether Proposition 64 will pass and, if so, how it may affect Measure “X”

Two sections of Measure “X” may conflict with State law:

-    Section 20.060(I) allows physicians to evaluate patients at a medical marijuana facility. This may conflict with Business and Professions Code §2525.4 which prohibits physicians from being employed by, or having agreements with medical marijuana facilities.

-    Section 20.060(D) requires a 2/3 of Avalon voters to repeal or amend Measure “X”. However, except for special taxes, State law only requires simple majority of voters to amend local measures. This appears to conflict with State law.

A “Yes” vote on Measure “X” will approve this Measure.

 

A “No” vote on Measure “X” will not approve this Measure.

Published Arguments — Arguments for and against the ballot measure

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