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Atascadero, California, Measure E-18, Marijuana Business Tax (November 2018)

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Local ballot measure elections in 2018
Measure E-18: Atascadero Marijuana Business 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 Luis Obispo County, California ballot measures
City tax on the ballot
See also
Atascadero, California

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

A yes vote was a vote in favor of authorizing the city to tax marijuana businesses at rates of up to 10 percent of gross receipts for retail businesses, up to 6 percent of gross receipts for other businesses, and up to $10 per square foot for cultivation.
A no vote was a vote against authorizing the city to tax marijuana businesses at rates of up to 10 percent of gross receipts for retail businesses, up to 6 percent of gross receipts for other businesses, and up to $10 per square foot for cultivation.

Election results

Atascadero, California, Measure E-18, Marijuana Business Tax (November 2018)

Result Votes Percentage

Approved Yes

9,399 73.50%
No 3,389 26.50%
Results are officially certified.

Text of measure

Ballot question

The ballot question was as follows:[1]

Shall the measure be adopted to tax cannabis businesses operating illegally or allowed in the future by the voters, State or City, at annual rates not to exceed $10.00 per canopy square foot for cultivation (adjustable for inflation), 10% of gross receipts for retail cannabis businesses, and 6% of gross receipts for all other cannabis businesses, generating $0-$500,000 annually for unrestricted general revenue purposes, such as police, fire and parks, until ended by the voters?[2]

Impartial analysis

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

Measure E-18 seeks to establish a tax on cannabis businesses operating illegally at any time or operating legally should such businesses be permitted in the future.

If adopted by the voters, Measure E-18 adds a new Chapter 3-17 to the Atascadero Municipal Code to implement a Cannabis Business Tax.

Measure E-18 would tax cannabis businesses at annual rates not to exceed $10.00 per canopy square foot for cultivation (adjustable for inflation after January 1, 2022), 10% of gross receipts for retail cannabis businesses, 2.5% for testing laboratories, 3% for distribution businesses, and 6% of gross receipts for all other cannabis businesses.

Cannabis businesses are defined broadly to include all persons and businesses that cultivate, possess, manufacture, process, store, test, label, transport, distribute, deliver, or sell cannabis or cannabis products for commercial purposes and that require a state issued license for operation.

Personal cannabis cultivation, as defined by state law, will not be subject to this tax.

The Measure also outlines procedures for collecting, enforcing, and appealing violations related to the Cannabis Business Tax.

A “yes” vote is a vote to adopt the Cannabis Business Tax, effective January 1, 2019.

A “no” vote is a vote against adopting the Cannabis Business Tax, and there would be no tax imposed on potential commercial cannabis activities of cannabis businesses within the City.

Pursuant to Article XIII C of the Constitution, this measure requires approval by a majority of those casting ballots on the measure unless another threshold is otherwise required by law.

Because the Cannabis Business Tax is a general tax, the revenues from the tax would be placed in the City’s general fund and used for unrestricted general revenue purposes, including, but not limited to, police, fire, parks, and other community services. [2]

—Atascadero City Attorney[1]

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 Atascadero, California.

See also

External links

Footnotes

  1. 1.0 1.1 San Luis Obispo County, "Media Guide," accessed October 30, 2018
  2. 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.