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Benicia, California, Measure E, Marijuana Business Tax (November 2018)

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Local ballot measure elections in 2018
Measure E: Benicia 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
Solano County, California ballot measures
local business tax on the ballot
See also
Benicia, California

A marijuana business tax was on the ballot for Benicia voters in Solano 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 of up to $10 per square foot for marijuana nurseries and 6 percent of gross receipts for other marijuana businesses.
A no vote was a vote against allowing the city to impose a tax of up to $10 per square foot for marijuana nurseries and 6 percent of gross receipts for other marijuana businesses.

Election results

Benicia Measure E

Result Votes Percentage

Approved Yes

10,125 76.29%
No 3,147 23.71%
Results are officially certified.
Source

Text of measure

Ballot question

The ballot question was as follows:[1]

Shall the measure establishing a City of Benicia cannabis business tax at annual rates not to exceed $10.00 per canopy square foot for commercial cannabis cultivation (adjustable for inflation) and 6% of gross receipts for all other cannabis businesses, and estimated to generate approximately $1.46 million annually in tax revenue until ended by voters, to be spent for unrestricted general revenue purposes, including police, fire and emergency services, parks, recreation, and street maintenance, be adopted?[2]

Impartial analysis

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

If adopted by the voters. Measure E would establish a cannabis business tax by

a new Chapter 3.33 to Title 3 of Benicia's Municipal Code entitled "Cannabis Business Tax." The measure would authorize the levy of an annual business tax on commercial cannabis cultivation within the City at maximum rates that do not exceed ten dollars ($10) Square canopy foot Of cannabis cultivation area fraction thereof This maximum rate would be subject to increases for inflation based on a consumer price index maintained by the Bureau of Labor Statistics. The tax on commercial cultivation would not apply to cannabis privately for personal use. All other cannabis businesses would be subject to a business tax at a rate not to exceed six percent (6%) of the gross receipts of each cannabis business. 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 products for commercial purposes and that require a state issued license for operation.

The proposed Cannabis Business Tax is a general tax. The revenues from the tax, therefore, would be placed in the City's general fund and used for unrestricted general purposes but not to, police, fire, parks, and other community services.

The City finance director would have the responsibility of collecting and enforcing the tax. The measure also authorize the City Council to tax amounts by a majority vote of the total membership of the City Council In order for the Cannabis Business Tax to be approved, the voters must adopt Measure E by a majority (greater than fifty (50%)) Vote.

A 'yes' vote is a vote to adopt the Cannabis Business Tax.

A 'no' vote is a vote against adopting the Cannabis Business Tax and there be no excise tax imposed on commercial cannabis activities of cannabis businesses. [2]

—Benicia 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 Benicia, California.

See also

External links

Footnotes

  1. Solano County, "General Election Measures 2018," accessed October 4, 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. City of Benicia, "City Attorney Impartial Analysis of Measure E," accessed October 4, 2018