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Proposition D Medical Marijuana Regulation and Taxation City of Los Angeles Ordinance - Majority Approval Required Unofficial Results as of: 05/22/2013 2:59:42 AM Pass: 193,969 / 62.6% Yes votes ...... 116,024 / 37.4% No votes
See Also:
Index of all Measures |
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Information shown below: Summary | Fiscal Impact | Impartial Analysis | Arguments | | ||||||
Shall an ordinance regulating businesses where marijuana is cultivated, processed, distributed, delivered or given away to qualified patients or primary caregivers (MMBs) by: (1) prohibiting MMBs but providing limited immunity for MMBs that operated since September 2007, timely registered with the City, generally have not ceased operations, pay City taxes, pass annual background checks, are separated from residential zones, maintain certain distances from schools, parks, child care facilities, other designated places and other MMBs, and meet other requirements and operational standards; (2) exempting dwelling units used by three or fewer patients/caregivers to cultivate medical marijuana on-site for their patients or themselves, and other exemptions; and (3) increasing the MMB tax to $60 per each $1,000 of gross receipts; be adopted?
Shall the City of Los Angeles limit the number of "medical marijuana businesses" to no more than 135 that operated since September 2007, previously registered with the City, and continue to meet other requirements and operational standards?
THE SITUATION:
THE PROPOSAL: This measure exempts from City regulation dwelling units where three (3) or fewer patients and/or caregivers cultivate medical marijuana on-site for themselves or their patients. It also exempts licensed health care facilities and locations/vehicles during the time they are used to deliver medical marijuana to a qualified patient. This measure would increase the City tax on these businesses from $50.00 to $60.00 for each $1,000 of gross receipts.
A YES VOTE MEANS:
A NO VOTE MEANS:
The impact of this measure cannot be quantified. The City received $2.5 million in business taxes from MMBs in 2012. Any revenue loss from the decrease in MMBs may be offset by the increase in the tax rate and the possible shift of business to the remaining MMBs. MMB business tax revenue is deposited in the General Fund and is used to fund police, fire, street services, parks, libraries and other general purposes throughout the City. Additional public safety and enforcement expenditures resulting from exemptions for dwelling units and health care facilities are unknown.
This proposition would regulate "medical marijuana businesses" by banning such businesses, but then grant immunity from the ban to those businesses that have operated since September 2007, previously registered in accordance with three (3) of the City's earlier medical marijuana registration laws, and that comply with specified operational requirements. It defines a "medical marijuana business" as: (1) any location where marijuana is cultivated, processed, distributed, delivered, or given away to a qualified patient, a person with an identification card, or a primary caregiver; and (2) any vehicle or other mode of transportation, stationary or mobile, which is used to transport, distribute, deliver, or give away marijuana to a qualified patient, a person with an identification card, or a primary caregiver. The measure states that there are approximately 135 businesses that satisfy the three (3) earlier registration laws and that could qualify for immunity. This measure would also increase the City taxes on "medical marijuana businesses" from $50.00 to $60.00 for each $1,000.00 of gross receipts. The operational requirements of this proposition, which are conditions for receiving immunity and enforceable as misdemeanors if violated, include: generally has not ceased operations, passes annual background checks, is separated from residential zones, maintains a 1,000-foot distance from schools and a 600-foot distance from parks, child care facilities and other designated places, and other requirements. The proposition requires a 600-foot distance separation between medical marijuana businesses. This proposition would exempt from City regulation any dwelling unit where three (3) or fewer qualified patients, persons with an identification card, and/or primary caregivers process or cultivate marijuana on-site for their own personal medical use or for the personal medical use of their qualified patients. The measure would also exempt licensed health care facilities and both locations and vehicles during the time they are used to deliver medical marijuana to a qualified patient. If any or all of the three competing measures are approved by a majority of voters, only the one ballot measure that receives the most votes will become effective.
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Arguments For Proposition D | Arguments Against Proposition D | ||
Proposition D is the only measure regulating medical marijuana dispensaries which
guarantees patients access to their medicine while regulating, controlling and taxing these
establishments and protecting neighborhoods and communities.
There are three medical marijuana-related measures on the ballot, and it is important to know the differences and why Prop D is the one to vote for. Prop D was drafted by the City of Los Angeles and put on the ballot by the City Council, and not by special interest groups. Prop D is supported by local elected and neighborhood leaders, patients, caregivers, and patient advocates. Prop D is the only measure that will:
Prop D is the only measure that can provide for safe access to medical marijuana for the genuinely ill while also protecting our neighborhoods and schools and generating increased funds for our City. VOTE YES ON PROPOSITION D! BILL ROSENDAHL, Councilmember, L.A. City Council GIL GARCETTI, Former Los Angeles County District Attorney RIGOBERTO VALDEZ, JR., President, Citizens' Coalition to Protect Patients and Neighborhoods RICARDO F. ICAZA, President, United Food and Commercial Workers, Local 770 WILLIAM RUSBOSIN, AIDS Patient LAVANZA BUTLER, RPH, Registered Pharmacist PAUL KORETZ, Councilmember, L.A. City Council
BERNARD C. PARKS, Councilmember, District 8, City of Los Angeles MITCHELL ENGLANDER, Councilmember, District 12, City of Los Angeles ROBERT RUBIN, Consultant THEODORE THOMAS, President, Park Mesa Heights Community Council PAULA CRACIUM, President, Porter Ranch Neighborhood Council | Vote NO on Proposition D
This proposition will increase the proliferation of illegal pot shops across Los Angeles.
Nothing in D will overturn Federal law which prohibits the sale or possession of marijuana for any reason. This proposition will only protect the untold millions of illegal cash profits made by illegal pot shop owners at the expense of our communities. Vote NO on Proposition D. It ties the hands of neighborhoods under siege by illegal pot shops. There are more illegal pot shops than ice cream stores in Los Angeles. The continued operation of illegal pot shops only creates the potential for increased blight, takeover robberies, and even homicides. Law enforcement needs every tool possible to keep our City safe. Vote NO on Proposition D. It will NOT provide additional revenue for Los Angeles. Medicine is not subject to tax. The pot shop owners have already sued the City to prevent taxation of their illegal businesses. This proposition will just place the City in endless litigation and divert vital resources from core services. Vote NO on Proposition D. We all have sympathy for the seriously ill; however, this proposition does nothing to protect patients. California's 1996 Compassionate Use Act already protects patients and their caregivers from criminal prosecution. Protect our communities from blight, illegal drug sales and violent crime. Join law enforcement and community leaders across Los Angeles and vote NO on D. BERNARD C. PARKS, Councilmember, District 8, City of Los Angeles MITCH ENGLANDER, Councilmember, District 12, City of Los Angeles PAULA CRACIUM, President, Porter Ranch Neighborhood Council EDWARD HEADINGTON, President, Granada Hills North Neighborhood Council BETTYE BRYANT, Representative, Mid City Neighborhood Council Region 1 THEODORE THOMAS, President, Park Mesa Heights Community Council ROBERT RUBIN, Consultant
Proposition D gives the city the legal tools to close all illegal dispensaries. Proposition D limits the number of dispensaries to 135 city wide. Proposition D requires background checks on dispensary employees. Proposition D, written by the City Attorney's office and approved by the City Council, imposes a sales tax that raises critical revenues for the city. Proposition D establishes clear limits that keep approved dispensaries away from schools, parks, libraries, and churches. Your vote for Proposition D protects genuinely ill patients' access to medical marijuana while giving police and community the resources they need to regulate and control the 135 city approved dispensaries. BILL ROSENDAHL, Councilmember, L.A. City Council BAKER MONTGOMERY, Member, Eagle Rock Neighborhood Council RIGOBERTO VALDEZ, JR., President, Citizens' Coalition to Protect Patients and Neighborhoods JOHN LAWLER, Member, Studio City Neighborhood Council WILLIAM RUSBOSIN, AIDS Patient LAVANZA BUTLER, RPH, Registered Pharmacist GIL GARCETTI, Former Los Angeles County District Attorney RICARDO F. ICAZA, President, United Food and Commercial Workers Local 770 PAUL KORETZ, Councilmember, L.A. City Council |