Campbell, California, Medical Marijuana Dispensaries Initiative, Measure B (April 2017)

• Text of measure
  • Ballot question
  • Impartial analysis
• Support
  • Official argument
• Opposition
  • Official argument
• Path to the ballot
• See also
  • External links
  • Footnotes
• More
  • Local ballot measures
  • State ballot measures
  • Local politics

Measure B: Campbell Medical Marijuana Dispensaries
The basics
Election date:
April 25, 2017
Status:
d Defeated
Topic:
Local marijuana
Related articles
Local marijuana on the ballot April 25, 2017 ballot measures in California Santa Clara County, California ballot measures
See also
Campbell, California

A measure allowing for medical marijuana dispensaries, delivery, and cultivation was on the ballot for Campbell voters in Santa Clara County, California, on April 25, 2017. It was defeated.

A yes vote was a vote in favor of enacting this initiative to allow up to three medical marijuana dispensaries to operate within this city, to allow the delivery of medical marijuana, to allow the cultivation of medical marijuana, and to impose regulations on dispensaries and cultivation.

A no vote was a vote against this initiative to allow marijuana dispensaries, delivery, and cultivation, thereby leaving the city's ban on marijuana dispensaries in place.

Measure B—a citizen initiative—competed with Measure C—a measure referred to the ballot by the city council. Measure C was designed to continue the city's ban on marijuana dispensaries for at least two years and give the city council authority to regulate marijuana following April 1, 2019. If both measures had received majority approval, the one with the most yes votes would have superseded the other.

Measure B would have allowed individual citizens to cultivate up to 100 square feet of marijuana for personal use, and primary caregivers could have cultivated up to 500 square feet for up to five patients. Commercial marijuana activity would have been limited to industrial and planned development zoning districts, except for delivery to patients and caregivers at their residence. The measure would have limited the number of dispensaries allowed in the city to three, and would not have been allowed within a 600-foot radius of K-12 schools.

In addition to Measures B and C, a third marijuana-related measure was on the ballot in Campbell. Measure A, which was approved, was designed to authorize the city to impose a tax on marijuana-related businesses at an initial rate of 7 percent, which could be increased to 15 percent.

Election results

Campbell Measure B
Result		Votes	Percentage
d No		4,175	63.52%
Yes		2,398	36.48%

Election results from Santa Clara County Elections Office

Overview

State of marijuana policy in Campbell

In March 2016, the Campbell City Council approved an ordinance that banned the cultivation, delivery, and dispensing of medical marijuana within the city. On January 12, 2017, the city council amended the ban to allow medical marijuana to be delivered from dispensaries located in other municipalities as well as the cultivation of up to six marijuana plants per individual. Although recreational marijuana became legal in the state of California in 2016 after voters approved Proposition 64, medical marijuana is regulated differently from recreational marijuana. In addition, while cities do not have the authority to make the use or possession of marijuana illegal, they do have the ability to regulate zoning and business licenses, which allows them to ban, limit, or regulate medical marijuana dispensaries.

Initiative design

Measure B was designed to allow individual citizens to cultivate up to 100 square feet of marijuana for personal use, and primary caregivers could cultivate up to 500 square feet for up to five patients. Commercial marijuana activity would have been limited to industrial and planned development zoning districts, except for delivery to patients and caregivers at their residence. The measure would have limited the number of dispensaries allowed in the city to three, and would not have allowed a dispensary within a 600-foot radius of K-12 schools. As of 2015, the population of Campbell was 41,117.

Measure B vs. Measure C

Measure B would have overturned the ban on the cultivation, delivery, and dispensing of medical marijuana within the city and placed the regulations detailed above on the medical marijuana industry. Measure C placed a moratorium on medical marijuana dispensaries until April 1, 2019, in order to allow time to study the impact of dispensaries on traffic and safety on the city. If after the moratorium ends, dispensaries were to be allowed in Campbell, Measure C would require them to be at least 100 feet from residential properties and 600 feet from childcare facilities, schools, parks, community centers, and other dispensaries.

Text of measure

Ballot question

The following question appeared on the ballot:

“

Shall the ordinance allowing the City to license up to three medical marijuana dispensaries in Campbell, which would also be allowed to deliver medical marijuana to qualified patients throughout the City, and that would allow every qualified patient and primary caregiver to cultivate up to 100 square feet or 500 square feet of marijuana, respectively, without a license be adopted?

”

Impartial analysis

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

“	Measure B was placed on the ballot by a petition signed by the requisite number of voters. The measure would establish a framework to allow medical marijuana dispensaries in Campbell, and establish new regulations for delivery and limited cultivation of medical marijuana. The use and sale of marijuana remains illegal under Federal law. Under State law, persons who possess or cultivate marijuana for personal medical purposes with the recommendation of a physician are exempt from criminal prosecution; and persons 21 years old and older can use marijuana for non-medical purposes. Under the ordinances of the City of Campbell a resident may cultivate up to six marijuana plants indoors, subject to certain restrictions; and commencing on February 16, 2017, medical marijuana can be delivered to qualified patients in Campbell from dispensaries outside of the City. Dispensaries are not allowed in the City. Measure B would provide that the City shall issue licenses for dispensaries of medical marijuana, and require the City to prescribe reasonable rules that are consistent with the measure and applicable State laws. Once the regulations are adopted, no one could engage in the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution or sale of medical marijuana ("commercial cannabis activity") without obtaining an annual permit from the City, except for certain activities that are exempted under the measure. Among these exemptions, no City permit would be required for individual qualified patients to cultivate up to 100 square feet of marijuana for the patient's personal use, or for a primary caregiver to cultivate up to 500 square feet for the personal use of no more than five qualified patients. Commercial cannabis activity would be limited to the City's Industrial and Planned Development zoning districts, except for delivery of medical cannabis to a qualified patient or a primary caregiver at their residence. Licensed dispensaries would be limited to three, which could not operate within a 600-foot radius of a school for kindergarten through twelfth grade. Commercial cannabis activity would also be prohibited on a property that has entrances or exits on a side that abuts any residentially zoned land, or shares a corner with residentially zoned land, or is directly across the street from residentially zoned land, unless the commercial cannabis activity is separated from the residentially zoned property by a street that is at least 80 feet in width. It is not clear whether the reference to entrances or exits applies to streets or to buildings. Dispensaries would be required to impose security measures such as establishing areas limited to dispensary personnel, and storing their products in a locked room or safe. Hours of operation would be limited to 10:00 a.m. to 8:00 p.m. No alcohol could be sold, and no marijuana products or alcohol could be used on the site. No lighting is allowed when the business is closed, except as may be necessary for security. The measure also establishes requirements for record keeping, and privacy of patients and primary caregivers.	”
—Campbell City Attorney

Full text

The full text of the measure is available here.

Support

Supporters

The following individuals signed the official argument in favor of the measure:

• Kale Schulte, on behalf of Keep Campbell Green

Keep Campbell Green ran the campaign in support of Measure B.

Arguments in favor

Official argument

The following official argument was submitted in favor of the measure:

“

Vote YES on B to allow 3 dispensaries, delivery and cultivation of medical cannabis in Campbell. Dispensaries must be 600 feet away from schools, and property must not have entrances or exits that abut any residential zones. Hours of operation are limited from 10:00 a.m. to 8:00 p.m. Patients with medical cannabis cards may cultivate up to 100 square feet of marijuana for personal use WITHOUT registration with the police department. KEEP CAMPBELL GREEN upholds the will of the voters and demands FAIR & SAFE access for local patients who need medical cannabis. Keep Campbell Green upholds CA state law and maintains the PRIVACY of patients' and caregivers' identities. KEEP CAMPBELL GREEN opposes the City of Campbell's restrictive policies on medical cannabis, particularly when CA voters have already passed prop 64 legalizing adult recreational use. The city's proposed 2-year ban on dispensaries and police oversight of legal personal cultivation is discriminatory. The city's measure is not 'Responsible', rather misleading and borders a full-on ban. Please join patients, caregivers, local community leaders and business owners and vote Yes on B.

”

Opposition

Opponents

The following individuals signed the official argument against the measure:

• Cynthia L. Dodd, Principal, Rolling Hills Middle School
• Jason Baker, Former Mayor, City of Campbell
• David Livingston, President, Campbell Police Officers Assoc.
• Elizabeth Gibbons, Mayor, City of Campbell
• Jimmy L. Zien, Home Church Assoc. Pastor
• Eric Dion Andrew, School Superintendent
• Robert S. Carlson, President, Campbell Police Foundation
• Carol Hoffman, Member, Civic Improvement Commission
• Paul Resnikoff, Vice Mayor, City of Campbell

Arguments against

In an op-ed article, Dan Furtado, former mayor of Campbell, urged a "no" vote on Measure B, saying, "Vote No on Measure B, as it allows little control of dispensary location and extensive growth of marijuana plants in the city limits."

Official argument

The following official argument was submitted in opposition to the measure:

“

MEASURE B is not about compassionate use of marijuana for patients who need medicinal relief; it is about opening marijuana businesses in Campbell. State law already allows the use of medical marijuana in Campbell, and the City allows delivery of medical marijuana to patients residing in Campbell. MEASURE B is sponsored by out-of-town special interest groups that put their financial interests ahead of sound policies for Campbell. Costs could have been avoided if proponents for MEASURE B worked with the City to develop responsible regulations. Instead, MEASURE B circumvents local laws and does not comply with the City's General Plan and land use policies. MEASURE B allows marijuana storefronts to open next to our homes, as well as restaurants, daycares, pre-schools, places of worship, city parks and the library. These high volume businesses will overwhelm our local streets, requiring access and parking for more than 1,500 additional cars every day. MEASURE B is misleading. The language is not clearly written and exposes the City to unnecessary litigation. The measure was written by and for the commercial marijuana industry-not for the people of Campbell. MEASURE B permits dangerous cash-only businesses. Since marijuana is banned federally, these businesses with large amounts of money on-site increase the potential for violent crime in our neighborhoods. MEASURE B will result in unfunded taxpayer costs of more than $950,000 annually for oversight and enforcement. Voting NO on MEASURE B will protect Campbell from threats to public safety. Patients will continue to have the ability to get the relief they need in Campbell without MEASURE B. Local law enforcement officers, educators, business owners and residents across Campbell urge you to protect our neighborhoods and maintain public safety by voting NO ON MEASURE B.

”

Background

In March 2016, the Campbell City Council approved an ordinance that banned the cultivation, delivery, and dispensing of medical marijuana within the city. In response to the ban, Keep Campbell Green launched a petition campaign for Measure B, which was designed to allow cultivation of marijuana with limitations on square footage of growth area, delivery of marijuana from dispensaries to patients and caregivers, and placement of up to three medical marijuana dispensaries within manufacturing and planned development zones.

On January 12, 2017, the city council called for a special election for Measure B and also amended the ordinance that banned medical marijuana in Campbell. The amendment allowed medical marijuana to be delivered from dispensaries located in other municipalities as well as the cultivation of up to six marijuana plants. On January 17, 2017, the council placed two additional measures on the ballot for the special election on April 25, 2017. Measure A was designed to implement a business license tax on marijuana businesses while Measure C was designed to extend the ban in place by placing a moratorium on dispensaries until April 1, 2019, in order to study traffic, neighborhood, and safety issues.

Although recreational marijuana became legal in the state of California in 2016 after voters approved Proposition 64, medical marijuana is regulated differently from recreational marijuana. In addition, while cities do not have the authority to make the use or possession of marijuana illegal, they do have the ability to regulate zoning and business licenses, which allows them to ban, limit, or regulate medical marijuana dispensaries.

Path to the ballot

See also: Laws governing local ballot measures in California

This measure was put on the ballot through a successful initiative petition campaign.

In order to place a citizen initiative on the ballot in Campbell, measure supporters must gather signatures equal to the amount of 10 percent of registered voters, and 15 percent to trigger a special election. As of May 23, 2016, there were 20,955 voters registered in Campbell, making the signature requirement 2,096 to qualify an initiative for a regular election and 3,143 to qualify an initiative for a special election.

Petitioners originally collected signatures to place the measure on the ballot for the November 8, 2016, election. However, errors in the text of the petition documents caused the city clerk to reject the petition. The group in support of Measure B, Keep Campbell Green, started the signature gathering process again and submitted 4,782 signatures on October 19, 2016, to place the measure on the ballot in a special election. On January 12, 2017, the city council called for a special election after signatures were verified by the Santa Clara County Registrar of Voters.

Campbell City Clerk Wendy Wood estimated a cost of $570,000 to hold the special election.

Recent news

The link below is to the most recent stories in a Google news search for the terms Campbell Local marijuana Measure B. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

Campbell, California, Medical Marijuana Dispensaries Initiative, Measure B (April 2017) - Google News

See also

Local measures

• Local measures in 2017
• Local marijuana on the ballot

• Santa Clara County measures

California

• April 25, 2017 measures in California
• Local ballot measures, California
• Campbell, California

News and analysis

• State and local preemption conflicts
• Measures advancing national agendas

External links

Suggest a link

• Santa Clara County Elections Office website

Support

• Keep Campbell Green campaign website
• Keep Campbell Green Facebook page