City of Santa Ana Council-Referred Medical Marijuana Regulation Ordinance, Measure BB (November 2014)

See also: Competing City of Santa Ana Medical Cannabis Restriction and Limitation Initiative (November 2014)

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A City of Santa Ana Council-Referred Medical Marijuana Regulation Ordinance, Measure BB ballot question was on the November 4, 2014 election ballot for voters in the city of Santa Ana in Orange County, California. It was approved.

This measure was designed to establish a city-referred medical marijuana regulation ordinance. The city referred this measure to the ballot to compete with the citizen-initiated "Santa Ana Medical Cannabis Restriction and Limitation Ordinance," which was ultimately defeated. Although both measures received more than 50 percent approval, this measure had the most "yes" votes and was enacted, while Measure CC was rejected. Below is a list of the key provisions of each measure, highlighting the differences between them.

Election results

City of Santa Ana, Measure BB
Result		Votes	Percentage
a Yes		22,147	65.9%
No		11,482	34.1%

Election results via: Orange County Registrar of Voters

The competing measures

The following provisions regarding regulation of medical marijuana dispensaries, cooperatives and collectives would be established by the respective competing measures:

Competing Santa Ana Marijuana Measures
Citizen-initiated measure		Council-referred measure
Allows use by anyone over 18	Allows use by anyone over 21
Allows 1 dispensary for every 15,000 residents, with min. of 22	No minimum number of dispensaries required
No cap on the number of collectives allowed	Requires a minimum of 500 feet between collectives
Restricts to 600 feet from K-12 schools	Restricts to 1,000 feet from schools, parks and residential areas
Does not prohibit dispensaries from growing marijuana onsite	Prohibits growing marijuana onsite
2 percent additional sales tax for marijuana	Initial 5 percent - growing to 10 percent - additional sales tax for marijuana
No restrictions on operating hours	10:00 AM to 8:00 PM operating hours
Restricts to commercial and industrial zones - C1, C4, C5, M1 and P & C-SM	Restricted to certain industrial zones - M-1 and M-2
Prohibits dispensaries from owning an alcohol and beverage control license	Prohibits the sale of food, alcohol or tobacco onsite
Requires simple registration to operate a medical marijuana business	Requires an annually renewed permit to operate a medical marijuana business
Prohibits the city from using federal marijuana enforcement funds	Does not prohibit federal funds
Does not require background checks for workers	Requires background check for operators and employees
Does not require background check	Denies approval to owners or employees if convicted of drug charge
Requires certain lighting and an alarm system	Requires at least one security guard onsite

Text of measure

Ballot question

The question on the ballot appeared as:

“

Shall the City of Santa Ana amend the Municipal Code to limit the establishment of medical marijuana collectives/cooperatives in the City to only industrial zones, enforce strict operating protocols, and impose a tax and regulatory fee upon NO medical marijuana collectives /cooperatives as provided for in Ordinance No. NS-2864?

”

Impartial analysis

The following impartial analysis of this measure was prepared by the Santa Ana City Attorney:

“	Measure BB, is proposed by the City Council as a competing ballot measure that would regulate medical marijuana collectives and cooperatives (hereafter “collectives”) in the City of Santa Ana. This measure is a proposition. The other measure was placed on the ballot through a citizens’ initiative petition process. This Council proposition would regulate medical marijuana collectives by establishing a registration and public safety permit approval process. Applicants would have to pay application fees to cover the cost of processing permits. The proposition would also establish a tax of ten percent (10%) on gross receipts, but would initially impose the tax at five percent (5%). Collectives would be: Restricted to Industrial M-1 and M-2 zones; Located no closer than 500 feet from another collective; and Located 1,000 feet from schools, parks and residential zones. Prohibited from growing marijuana on-site. Collectives would be subject to all of the following operating standards, among others: Must have at least one security guard on-site; Must not sell alcohol, tobacco or food products; Must provide an on-site ventilation system; All operators and employees must go through criminal background checks and will be denied approval if they have been convicted of or plead guilty or no contest to a drug charge in the previous four years; Each location must be monitored by fire and burglar systems; Must only operate between 10:00am and 8:00pm Monday through Saturday and from 11:00am and 7:00pm on Sundays. Must comply with California Attorney General Guidelines for the operation of collectives. Must submit to an annual audit and permit renewal process. If this Council measure and the initiative measure are approved by a majority of the voters, only the measure that receives the most votes will become effective. Furthermore, if the Council measure is approved, the Council would be authorized to amend or repeal the measure without voter approval. This measure must be approved by a majority of the voters and must receive a higher number of votes than the competing measure. A “yes” vote is a vote in favor of adopting the City proposition to regulate collectives. A “no” vote is a vote against permitting and regulating medical marijuana collectives in the City of Santa Ana.	”
—Santa Ana City Attorney

Support

Note: Those who supported this measure opposed the competing citizen-initiated measure.

Supporters

The following individuals signed the official arguments in favor of this measure:

• Sal Tinajero, Santa Ana Mayor Pro Tem
• Angelica Amezcua, Santa Ana Council Member
• Vicente Sarmiento, Santa Ana Council Member

Arguments in favor

Speaking in favor of this council-referred measure and against the competing citizen initiative, acting mayor Sal Tinajero said, “I am very strongly in favor of having an area where people can get their medicine. But keep them out of our neighborhoods.”

Official arguments

The following official arguments were submitted in support of this measure:

“	The majority of the Santa Ana City Council urges a YES VOTE on Measure BB. Marijuana companies in the city decided to put a measure on the ballot that would allow them to sell medical marijuana all over the city. Their Measure CC is bad for the city because: It allows sales to 18 year olds! Marijuana collectives will be allowed to stay open 24 hours in your neighborhood! It allows for Mobil trucks to sell Marijuana all over the city! It allows for Marijuana sales only 600 ft. away from schools! Only pays a 2% tax above the sale tax for police enforce - that is not enough! The Santa Ana Sponsored City Measure BB will: Allow adults 21 years of age or over to purchase at dispensaries. It will regulate Marijuana stores to industrial areas, far from out children, neighborhoods and schools! Require all dispensaries to pay a minimum of a 4% tax that will go toward more police and code enforcement in the city! Vote NO on Measure CC it only helps Marijuana growers! Our cities quality of life depends on a YES VOTE on Measure BB! Measure BB Protects Santa Ana!	”
—Sal Tinajero, Santa Ana Mayor Pro Tem, Angelica Amezcua, Santa Ana Council Member, Vicente Sarmiento, Santa Ana Council Member

Opposition

Opponents

Santa Ana Committee to Support Medical Marijuana Ballot Initiative logo

The Santa Ana Committee to Support Medical Marijuana Ballot Initiative was the name of a campaign in opposition to this measure. The group supported the competing citizen-initiated measure.

The following individuals signed the official arguments in opposition to this measure:

• Elisabeth Lopez, business owner
• Guy Lopez, resident

Arguments against

Official arguments

The following official arguments were submitted in opposition to this measure:

“	Vote NO on Measure BB. The City of Santa Ana has created the current situation with unregulated medical marijuana dispensaries in Santa Ana - they are out of touch and we cannot trust them to resolve the situation. This measure has been hastily put together and has serious flaws - and the City has proven time and time again incapable of enforcing their current ban. This measure has no cap on the number of locations that can be permitted. Allows mobile collectives to deliver in the City of Santa Ana with no requirement to register or follow safety regulation. Places dispensaries only in hard to reach industrial areas that will become hot zones for crime and loitering and create a planned "red light district." Requires the collectives to create lists of patient name, addresses and government ID's which would be available to the police. Patients who wish to keep their medical needs confidential will not be able to use the registered locations. Only allows patients 21 and over to enter dispensaries which leaves returning veterans suffering from PTSD and traumatic brain injuries without access to medicine they deserve. This measure will place a tax of 5-10% in addition to sales tax on transactions. An excessive 18% total tax on medical marijuana will naturally result in increased black market sales and a proliferation of unregistered locations. The City Council has asked for the unique power to reserve the right to amend or repeal this measure without the consent of the voters. There is no enforcement plan to handle the number of unpermitted locations. The voters of Santa Ana have come up with a comprehensive and reasonable alternative. Vote NO on Measure BB as there is another measure on the ballot that has addressed all the above mentioned issues.	”
—Elisabeth Lopez, business owner, and Guy Lopez, resident

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
• Orange County, California ballot measures
• November 4, 2014 ballot measures in California

External links

Suggest a link

• Santa Ana City Government website
• Orange County Elections Department website