City of La Mesa Medical Marijuana Initiative, Proposition J (November 2014)

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A City of La Mesa Medical Marijuana Initiative, Proposition J ballot question was on the November 4, 2014 election ballot for voters in the city of La Mesa in San Diego County, California. It was defeated.

Proposition F would have repealed the city's prohibition on the public sale of marijuana, including medical marijuana, and established a set of restrictions and regulations to govern medical marijuana growth and retail in the city.

The measure was designed to:

• prohibit dispensaries from operating within a 600-foot radius of schools or playgrounds;
• require a 1,000-foot buffer between dispensaries designed to limit the number of dispensaries in the city;
• require marijuana dispensaries to have security cameras, alarms, safety lighting, secured marijuana storage and licensed security personnel on site during business hours;
• restrict business hours, allowing operation of dispensaries only from 8 a.m. to 10 p.m.;
• prohibit marijuana from being visible from outside of dispensary;
• prohibit providing marijuana to a minor unless the minor is qualified patient accompanied by a parent or guardian;
• require the labeling of all products that contain marijuana;
• ban alcohol from being sold or consumed at the site of a dispensary; and
• impose a 2.5 percent sales tax on marijuana sales.

Supporters argued that the measure would ensure that patients and sick residents are able to conveniently access medical marijuana.

Opponents argued that the measure would increase drug abuse and drug-related crime in the city. They also pointed out that the city attorney's impartial analysis of the measure said the legal authority of the city to impose a 2.5 percent sales tax only on marijuana and enforce several other provisions in the initiative was questionable according to state and federal law.

This initiative was nearly identical to Proposition F, which was being voted on by Encinitas residents at the same November 4, 2014, election. Encinitas City voters also rejected Proposition F.

Election results

City of La Mesa, Proposition J
Result		Votes	Percentage
d No		7,452	53.60%
Yes		6,450	46.40%

Election results via: San Diego County Registrar of Voters

Text of measure

Ballot question

The question on the ballot:

“

Shall the Ordinance amending the La Mesa Municipal Code to authorize and regulate medical marijuana dispensaries in the City of La Mesa be adopted?

”

Impartial analysis

The impartial analysis of Proposition J provided by the office of the city attorney was:

“	The La Mesa Municipal Code (Municipal Code) prohibits medical marijuana dispensaries (dispensaries) in La Mesa. The measure, placed on the ballot by a petition signed by the requisite number of voters, would amend the Municipal Code to repeal that prohibition and authorize dispensaries to locate (without size restrictions) in non-residential zones appropriate for commercial, manufacturing, industrial or retail sales uses, including health care uses. The measure would prohibit dispensaries from locating within 1,000 feet of another dispensary and within a 600 foot radius of schools or playgrounds. The measure would require that City officials issue an operating permit and business registration to any dispensary applicant that: (1) demonstrates compliance with location requirements, (2) presents a plan for compliance with operational requirements (see below) and (3) has no directors which have been convicted of a serious felony (defined pursuant to California Penal Code Section 1197.2(c)) in the past 7 years. The measure would prohibit law enforcement officials from arresting, prosecuting, or seizing marijuana from, qualified patients, caregivers and dispensary personnel who comply with the terms of the measure and applicable state law. The measure would impose the following operational requirements on dispensaries: (1) licensed security personnel on site during operating hours, (2) security cameras and alarms, (3) safety lighting, (4) secured marijuana storage, (5) restricting operating hours (between 8:00 a.m. to 10:00 p.m.), (6) prohibits consumption or dispensing of alcoholic beverages on site. (7) prohibits marijuana from being visible from the exterior of any dispensary, (8) products containing marijuana must be identified by label, (9) prohibits providing marijuana to any minor (18 or under) excepting a qualified minor patient accompanied by a parent or guardian, and (10) prohibits onsite evaluations for medical marijuana use. The measure imposes a two-and-one-half (2.5) percent sales tax on every transaction involving medical marijuana in the City, which would be reduced to one (1) percent if a statewide tax is imposed on such transactions. Any such taxes collected would be deposited in the City’s general fund to be used for general governmental purposes. A legal question exists as to whether the measure’s taxation provisions, which propose a unique City tax on medical marijuana exceeding the uniform sales tax rate imposed by California law, would require the Board of Equalization to cease collecting all sales tax in La Mesa. Additionally, legal questions exist as to whether California and/or federal law authorizes the operation of dispensaries in the manner authorized by the measure including: (1) because marijuana is illegal under federal law, whether the City would be in violation of state and/or federal law by issuing dispensary operating permits as required pursuant to the measure; (2) whether City employees who issue permits as required pursuant to the measure might be prosecuted by the federal government for violating federal criminal law; and (3) whether the measure improperly attempts to amend state criminal law by altering the ability of state law enforcement officials to arrest and prosecute individuals for state law violations.	”
—La Mesa City Attorney

Full text

The full text of the ordinance that was enacted by the approval of Proposition J is available here.

Support

Supporters

The following individuals signed the official arguments in favor of Proposition J:

• Joyce R. Pendzimas, registered nurse and La Mesa resident
• Micheal Moore, La Mesa resident and cancer patient
• Leo Lawrence, J.D., former deputy sheriff
• Frances Reyes, La Mesa Resident and Patient
• Michael E. Cindrich, ESQ., former prosecutor

Supporters also listed the following as organizations that endorsed the initiative:

• San Diego County Democratic Party
• San Diego County Libertarian Party
• La Mesa/Foothill Democratic Club
• San Diego Chapter of Americans for Safe Access
• California & San Diego NORML

Arguments in favor

The following was submitted as the official arguments in favor of Proposition J:

“	In 1996, backed by scientific evidence and compassion, the voters of California chose to allow people suffering from cancer, multiple sclerosis, chronic pain, and other debilitating diseases to use medical marijuana. While local governments have failed to enact ordinances to allow for a safe, well-regulated distribution of the medicine, drug cartels are profiting from patients and bringing dangerous hard drugs to our communities. Measure J would establish clear rules and regulations for medical marijuana dispensaries in the city of La Mesa, pulling the rug out from under the black market drug dealers. It takes a balanced approach to the concerns of our communities by placing a buffer from places where children congregate and has strict requirements for security, hours of operation, and location of dispensaries. Measure J requires large buffers between dispensaries, to ensure that patients have access while preventing a concentration of dispensaries in any area. Cost recovery fees are included, to recoup any costs to the city. Measure J is win-win. We make sure our children don’t have access to medical marijuana, we ensure patients have safe reliable access to their medicine, and we stand up to the drug dealers. Join us by voting yes on Measure J.	”
—Joyce R. Pendzimas, Micheal Moore, Leo Lawrence, J.D., Frances Reyes and Michael E. Cindrich, ESQ.

Opposition

Opponents

The following individuals signed the official arguments in opposition to Proposition J:

• Michael Emerson, vice president of the board of directors for the Grossmont Healthcare District
• Danielle Womack, community pastor of Crosspointe Life Church
• Art Madrid, mayor of the city of La Mesa
• Ruth M. Sterling, vice mayor of the city of La Mesa

Arguments against

The following was submitted as the official arguments in opposition to Proposition J:

“	Vote NO on MEASURE J to protect La Mesa from deceitfully conceived attempt to allow the proliferation of large-scale pot shops! Do not be misled: This pot shop initiative is not about compassionate use of marijuana for seriously ill patients; it is about making a lucrative profit by selling marijuana in our neighborhoods. Measure J is illegal by state and federal standards. State law already allows for the enclosed network exchange of marijuana between a patient and a caregiver who has “…consistently assumed responsibility for the housing, health and safety” of the patient. It does not allow the retail sale of marijuana from a retail store. Measure J would damage the city’s image, making it more difficult to draw healthy, safe and profitable businesses into our city. Voters have already rejected pot shop ballot measures in Lemon Grove, Imperial Beach, Del Mar and Solana Beach. And we have all watched San Diego try unsuccessfully to regulate pot shops and know that it’s a lawless business. Marijuana storefronts will hurt our community. Pot shops are crime magnets; they have an abundant supply of cash and a product easily resold on the street. A study in San Diego found that census tracts with pot shops had twice as many property and violent crimes than census tracts without them. In addition, research indicates that marijuana is being diverted to our teens. Adolescent drug treatment counselors report teens name marijuana 75% of the time as the reason they are coming to drug treatment programs. Don’t be lured by the promised 2.5% additional sales tax. It will never happen because it violates state law. Pot shops are unnecessary, are a regulation nightmare and provide easy access to youth. They will degrade the quality of life in La Mesa. Vote NO on Measure J.	”
—Michael Emerson, Danielle Womack, Art Madrid and Ruth M. Sterling

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. When it was verified that the supporting group had collected signatures from more than the 10 percent of registered voters required to qualify the initiative for the ballot, the city council considered commissioning a special report on the effects of the initiative, which could have delayed the ballot measure. Ultimately, the city council members voted four against one to put the initiative on the ballot without commissioning an impact report.

Related measures

Recreational

a Washington D.C. Marijuana Legalization, Initiative 71 (November 2014)

Colorado:

• Nine local 2014 marijuana measures in Colorado

Maine:

a City of Lewiston Recreational Marijuana Legalization Measure (November 2014)
a City of South Portland Recreational Marijuana Legalization Measure (November 2014)
Town of York Recreational Marijuana Legalization Measure (November 2014)

Massachusetts:

• Massachusetts Congressional Districts Marijuana Legalization Public Policy Question Advisory Votes - Eight Districts (November 2014)

Michigan:

• Local marijuana measures in Michigan

New Mexico:

a Santa Fe County Marijuana Decriminalization Advisory Question (November 2014)
a Bernalillo County Marijuana Decriminalization Advisory Question, Measure 1 (November 2014)
City of Albuquerque Marijuana Decriminalization Measure (November 2014)
City of Santa Fe Marijuana Decriminalization Initiative (November 2014)

Wisconsin:

a Dane County State Legalization of Marijuana Referendum (April 2014)

Medical

California:

a City of Santa Ana Council-Referred Medical Marijuana Regulation Ordinance, Measure BB (November 2014)
d City of Santa Ana Medical Cannabis Restriction and Limitation Initiative, Measure CC (November 2014)
d City of La Mesa Medical Marijuana Initiative, Proposition J (November 2014)
d City of Encinitas Medical Marijuana Initiative, Proposition F (November 2014)
d Nevada County Medical Marijuana Cultivation, Measure S (November 2014)
a Butte County Medical Marijuana Ordinance 4075 Referendum, Measure A (November 2014)
d Butte County Medical Marijuana Initiative, Measure B (November 2014)
a Shasta County Outdoor Medical Marijuana Ordinance Referendum, Measure A (November 2014)
d Lake County "Medical Marijuana Control Act" Initiative, Measure O (November 2014)
d Lake County "Freedom to Garden Human Rights Restoration Act" Initiative, Measure P (November 2014)
d City of Weed Permitting Licensing of Medical Marijuana Dispensaries Advisory Question, Measure L (November 2014)
a City of Weed Outdoor Marijuana Cultivation Ban Advisory Question, Measure K (November 2014)
a Lake County Marijuana Cultivation Ordinance 2997 Referendum, Measure N (June 2014)
City of Imperial Beach "Compassionate Access Ordinance" Medical Marijuana Dispensaries Act (June 2014)
City of Napa Medical Marijuana Dispensary Referendum (November 2014)
City of San Jose Medical Marijuana Regulation Act of 2014 (November 2014)

See also

• Local marijuana on the ballot
• San Diego County, California ballot measures
• November 4, 2014 ballot measures in California

External links

Suggest a link

• San Diego County Elections Office website