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Adelanto, California, Measure S, Marijuana Tax (November 2018)

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Local ballot measure elections in 2018
Measure S: Adelanto Marijuana Tax
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The basics
Election date:
November 6, 2018
Status:
Approveda Approved
Topic:
Local marijuana tax
Related articles
Local marijuana tax on the ballot
November 6, 2018 ballot measures in California
San Bernardino County, California ballot measures
Local tax on the ballot
See also
Adelanto, California

A marijuana business tax was on the ballot for Adelanto voters in San Bernardino County, California, on November 6, 2018. It was approved.

A yes vote was a vote in favor of allowing the city to impose a tax on marijuana businesses of up to $5.00 per square foot for nurseries and up to 5 percent of gross receipts for other businesses.
A no vote was a vote against allowing the city to impose a tax on marijuana businesses of up to $5.00 per square foot for nurseries and up to 5 percent of gross receipts for other businesses.

Election results

Adelanto, California, Measure S, Marijuana Tax (November 2018)

Result Votes Percentage

Approved Yes

3,259 71.44%
No 1,303 28.56%
Results are officially certified.
Source

Text of measure

Ballot question

The ballot question was as follows:[1]

Shall the City of Adelanto adopt an ordinance enacting a tax on cannabis businesses of up to $5.00 per square foot of space utilized for cannabis cultivation and nurseries, and up to 5% of gross receipts from the retail sale, delivery, manufacturing, processing, testing and distribution of cannabis and related products, generating approximately $2,500,000 annually for general City services, such as police and emergency response, parks and youth/senior services, and street repair, until ended by voters?[2]

Impartial analysis

The following impartial analysis of the measure was prepared by the office of the Adelanto City Attorney:

Measure S was placed on the ballot by the Adelanto City Council and, if approved by a majority of Adelanto voters, will amend the Municipal Code to update the local tax on cannabis/marijuana businesses operating within the City. Measure S is a tax measure only. It does not amend the City's existing cannabis regulations or authorize new or additional types of cannabis businesses to operate in the City.

On November 8, 2016, Adelanto voters approved Measure "R", which established a maximum 5% gross receipts tax on all cannabis businesses operating within the City. During 2017, the City Council adopted several ordinances to implement Measure "R". These ordinances established an alternative voluntary contribution system by which a cannabis cultivator who meets certain criteria may be exempted from the gross receipts tax. The voluntary contribution is currently set at $5 per square foot of facility space. Qualifying cannabis cultivators are eligible for a one-time reduced contribution of $4.25 per square foot for this year.

If approved, Measure S would revise the City's tax rates on cannabis businesses as follows:

  • Establish a maximum rate of $5.00 per square foot rate of space utilized in connection with cannabis cultivation or nursery, as defined in the Measure; and
  • Maintain the 5% maximum gross receipts tax on all other cannabis businesses operating within the City (manufacturing, processing, testing, wholesale distribution, retail sale, and customer delivery). "Gross receipts" is defined to include any money, in-kind contributions, exchange of property, or any other items of value received by the business for these cannabis operations.

Measure S authorizes the City Council to set the actual tax rates, provided that the rates do not exceed the voter-approved maximum rates set by Measure S.

Measure S would be a "general tax". All revenue from this tax would be deposited into the City's General Fund and could be used for general City operations and services, including police enforcement, emergency response, parks, youth and senior services, and street repair. Pursuant to State Law, a "general tax" requires approval by a majority of the City's voters voting at an election.

The City currently permits commercial cannabis nurseries, cultivation, manufacturing, testing, distribution, transportation and dispensaries to operate within its jurisdiction, subject to the issuance of a City commercial cannabis permit and a Conditional Use Permit or a Minor Conditional Use Permit. If approved, Measure S would apply the tax on all cannabis businesses currently operating in the City. The tax would also apply to any other cannabis businesses that may be allowed in the future by amendments to State law or the Adelanto Municipal Code. As noted above, Measure S would not change or expand the number or types of cannabis businesses currently allowed in the City. If approved, Measure S is anticipated to raise approximately $2,500,000 annually. [2]

—Adelanto City Attorney [3]

Full text

The full text of the measure is available here.

Path to the ballot

See also: Laws governing local ballot measures in California

This measure was put on the ballot through a vote of the governing officials of Adelanto, California.

See also

External links

Footnotes

  1. San Bernardino County Elections, "Measure S", accessed September 24, 2018
  2. 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. San Bernardino County Elections, "Impartial Analysis," accessed September 24, 2018