Election law changes? Our legislation tracker’s got you. Check it out!

Compton, California, Measure C, City Council Ordinance on Marijuana Businesses (January 2018)

From Ballotpedia
Jump to: navigation, search
Local ballot measure elections in 2018
Measure C: Compton City Council Ordinance on Marijuana Businesses
LocalBallotMeasures Final.png
The basics
Election date:
January 23, 2018
Status:
Defeatedd Defeated
Topic:
Local marijuana
Related articles
Local marijuana on the ballot
January 23, 2018 ballot measures in California
Los Angeles County, California ballot measures
Local business regulation on the ballot
See also
Compton, California

A referral from the Compton City Council to permit and regulate marijuana businesses was on the ballot for Compton voters in Los Angeles County, California, on January 23, 2018. It was defeated.

A yes vote was a vote in favor of allowing commercial indoor cultivation of marijuana only in Compton's commercial manufacturing zones, requiring a business permit for such businesses, prohibiting other indoor and outdoor cultivation, regulating indoor cultivation, and imposing a tax of no more than 10 percent of gross annual sales on marijuana businesses.
A no vote was a vote against allowing commercial indoor cultivation of marijuana only in Compton's commercial manufacturing zones, requiring a business permit for such businesses, prohibiting other indoor and outdoor cultivation, regulating indoor cultivation, and imposing a tax of no more than 10 percent of gross annual sales on marijuana businesses.

Measure C was competing with a voter initiative on the subject of marijuana businesses, Measure I. The competing measures differed in several parameters, including the business tax rate, cultivation revenue allowances, hiring plan, zoning parameters, and level of city authority to implement or amend the measures. The differences between the competing measures can be viewed here. Both measures were defeated.

When competing measures are placed on a ballot, only one measure can be approved. The measure that receives the most yes votes supersedes the other measure. In this case, both measures were defeated.

Election results

Compton Measure C
ResultVotesPercentage
Defeatedd No2,24476.2%
Yes 698 23.7%
Results from Compton City Elections

Text of measure

Ballot question

The ballot question was as follows:[1]

Shall a ballot measure be approved permitting commercial cannabis activity (except outdoor cultivation and indoor cultivation for other than personal use) only in the commercial manufacturing zones of the City in conflict with any other ballot measure of the same subject?[2]

Impartial analysis

The following impartial analysis of the measure was prepared by the office of the Compton City Attorney:[3]

Measure C was placed on the ballot by the Compton City Council. Marijuana dispensaries and uses, including marijuana cultivation, manufacturing of marijuana products and other commercial marijuana businesses are currently illegal in the City of Compton. Measure C would make some marijuana businesses legal, subject to regulations that are established in the ballot measure or that could be adopted later by the City Council. The City Council could not make marijuana uses illegal in the future without voter approval.

The intent of Measure C, as stated in the Ordinance, is to make most marijuana-related businesses legal, but to keep the ability to respond to new uses or unexpected impacts with new regulations to protect public health and safety without holding elections. Measure C is intended to conflict with Measure I, the initiative marijuana measure. If both measures pass and Measure C gets more votes, it will control.

Measure C would repeal the City’s current ordinances that make all marijuana businesses illegal. This would legalize the commercial sales of marijuana and marijuana products in up to ten licensed retail businesses, processing and manufacturing of marijuana products (such as edibles), testing, delivery, medical dispensing, and distributing marijuana and marijuana products for medical and adult use. The measure calls these uses “Commercial Cannabis Activities.” These businesses would be required to get permits from the City, as well as any required State licenses or permits.

Proposition 64, which makes it legal for individuals 21 and over to use and possess marijuana as of January 1, 2018, also permits cities to regulate or prohibit marijuana businesses. Measure C would permit and regulate Commercial Cannabis Activities only in the Commercial Manufacturing zone and not in any other area of the City. These businesses could not be located within 1,000 feet of any public or private schools, parks, child care centers, community centers or churches. Marijuana growing for commercial purposes, indoor or outdoor, would be prohibited. State law allows individuals 21 and older to grow up to six plants in a residence for personal use.

Measure C creates safety regulations for indoor personal growing.

Measure C would approve a City Commercial Cannabis Activity tax at a rate not to exceed 10% of gross receipts from all Commercial Cannabis businesses, to be paid by the businesses at least quarterly.

A “Yes” vote on Measure C makes Commercial Cannabis Activities, not commercial marijuana growing, legal in a limited area of Compton, subject to regulation. Measure C is a limited legalization of marijuana businesses and permits the City Council to adjust the land use regulations as needed. A “No” vote is against this limited legalization. Nothing in Measure C effects State law that makes possession and use of marijuana by individuals 21 and older legal as of January 1, 2018.[2]

—Compton City Attorney[3]

Full text

The full text of the measure is available here (beginning on page 9).

Support

No official argument was submitted in support of Measure C. If you know of endorsements or arguments that should be posted here, please email editor@ballotpedia.org.

Opposition

Opponents

The following individuals signed the official argument against the measure:[3]

  • Bill Ivey, resident

Official argument

The following official argument was submitted in opposition to the measure:[3]

ARGUMENT AGAINST PROPOSED MEASURE TO PERMIT COMMERCIAL CANNABIS ACTIVITY (EXCEPT OUTDOOR CULTIVATION AND INDOOR CULTIVATION FOR OTHER THAN PERSONAL USE) ONLY IN THE COMMERCIAL MANUFACTURING ZONES OF THE CITY

Imagine you are suffering from Alzheimer’s, chronic pain, MS, arthritis, epilepsy, or cancer with its horrific side effects that keep you from being able to eat. Pharmaceuticals are not helping and may cause worse problems. Your only relief may be MEDICAL marijuana, as recommended by your physician.

Now consider that Measure C will allow your cannabis purchases to be taxed at exorbitantly high rates. You will not be reimbursed by your insurance. You might even have to choose between necessities like food or MEDICINE.

Both sides agree that MEDICAL and recreational marijuana should be taxed. But cannabis taxation needs to be done fairly, as it will be under MEASURE I, also on the January ballot.

On the other hand, Measure C, the Compton high tax and zoning ban measure, may end up making Compton’s cannabis taxes among the highest in the US when combined with high state and sales taxes. This will be an enormous burden on patients AND residents and will lead to a competitive illicit market.

Supporters of Measure C want you to believe that their high tax rates will be used for police and fire; however, there are no guarantees on how moneys will be used, nor any oversight on city tax dollar spending!

Measure C’s supporters say that high tax rates are justified because revenues under Measure C will not cover costs. However, Measure C supporters’ cost estimates are outrageously over-inflated. And, Measure C’s revenues are grossly underestimated.

Measure C supporters also say that they need exorbitant funds for enforcement, which is equally unfounded. It has been proven that legitimate dispensaries lead to less expense on enforcement, as is the case in places like Colorado, Washington, and Illinois.

Fair taxes will bring in revenue for needed programs. Overtaxing will only bolster a thriving illicit market that pays NO tax!

VOTE NO on Measure C![2]

Path to the ballot

See also: Laws governing local ballot measures in California

This measure was put on the ballot through a 4-1 vote of the Compton City Council on October 24, 2017. Council member Emma Sharif cast the one dissenting vote.

See also

External links

Footnotes

  1. Compton City, "Notice to Voters," accessed December 16, 2017
  2. 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. 3.0 3.1 3.2 3.3 City of Compton, "Voter Information Guide," accessed January 11, 2018