Del Mar Marijuana Dispensaries and Taxation, Proposition H (November 2012)

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A Del Mar Marijuana Dispensaries and Taxation, Proposition H ballot measure was on the November 6, 2012, ballot for voters in the City of Del Mar in San Diego County, where it was defeated.[1]

The measure would have authorized medical marijuana dispensaries in Del Mar. It would have also established a 2.5% city sales tax on sales of medical marijuana in the city. The dispensaries could not operate within 600 feet of schools or playgrounds.[1] The proposed ballot measure would have allowed the city to regulate hours of operation and require licensure.[2]

Currently, Del Mar's city zoning codes do not allow medical marijuana dispensaries. There was a medical marijuana collective, but a judge ordered it shut down in 2011.[2]

Election results

Measure H
Defeatedd No1,43055.99%
Yes 1,124 44.01%
Final official results from the San Diego County elections office.


The Patient Care Association supported the measure. They said the purpose of it is "to ensure safe access to medical cannabis in (Del Mar) for qualified patients and their primary caregivers."[2]

A group called "Citizen’s for Patients Rights" also supports the ballot measure.

Singer/songwriter Melissa Etheridge endorsed Proposition H.[3]


Del Mar Councilman Don Mosier, a former physician, opposed the measure. He said, "Del Mar depends upon federal grants. Were we to accept this initiative as written we’d be in violation of federal law and unable to accept those federal grants."[2]

Ballot question

The question on the ballot:

Proposition H: "Shall the ordinance which proposes the regulation of medical marijuana compassionate use dispensaries and alters the City's sales tax laws be adopted?"[4]

Path to the ballot

Signatures to qualify the measure for the ballot were collected by "Citizen's for Patients Rights." The same group sponsored petition drives to qualify similar measures in Encinitas, Solana Beach, Lemon Grove and La Mesa.[5]

About 298 signatures were needed to qualify the Del Mar measure, and about 500 were submitted.[2]


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