Your feedback ensures we stay focused on the facts that matter to you most—take our survey.

Humboldt County, California, Marijuana Cultivation Tax, Measure S (November 2016)

From Ballotpedia
Jump to: navigation, search

Local ballot measure elections in 2016

Measure S: Humboldt County Marijuana Cultivation Tax
LocalBallotMeasures Final.png
The basics
Election date:
November 8, 2016
Status:
Approveda Approved
Topic:
Local marijuana tax
Related articles
Local marijuana tax on the ballot
November 8, 2016 ballot measures in California
Humboldt County, California ballot measures
County tax on the ballot
See also
Humboldt County, California

A marijuana tax measure was on the ballot for Humboldt County voters in Humboldt County, California, on November 8, 2016. It was approved.

A yes vote was a vote in favor of establishing a marijuana cultivation tax of $1 - $3 per square foot to maintain and improve county services.
A no vote was a vote against establishing a marijuana cultivation tax of $1 - $3 per square foot to maintain and improve county services.

Election results

Measure S
ResultVotesPercentage
Approveda Yes 37,523 65.8%
No19,50534.2%
Election results from Humbolt County Elections Office

Text of measure

Ballot question

The following question appeared on the ballot:[1]

To maintain and improve essential services, including public safety, job creation; crime investigation/prosecution; environmental cleanup/restoration; children/family mental health; drug rehabilitation; other County services, shall Humboldt County establish a $1 - $3 per square foot, based upon type of grow, annual commercial marijuana cultivation tax generating approximately $7.3 million annually until ended by voters, with all revenue for the County, none for the State, annual audits, and public review?[2]

Impartial analysis

The following impartial analysis of the measure was prepared by the office of the Humboldt County Counsel:

Measure S was placed on the ballot by vote of the Humboldt County Board of Supervisors on July 19, 2016, as authorized by California Business and Professions Code section 19348 and Revenue and Taxation Code section 7284. If approved by the electorate by majority vote in accordance with California Constitution Article XIII C, Section 2 (b) and Government Code section 53723, the Board of Supervisors will enact an ordinance adding Chapter 9 to Title VII, Division 1 of the Humboldt County Code to impose a general tax on the cultivation of commercial marijuana or cannabis within the unincorporated area of the County of Humboldt. The tax would be applicable to the commercial cultivation of medical cannabis as authorized by the California Medical Cannabis Regulation and Safety Act and Title III, Division 1, Chapters 3 and 4 of the Humboldt County Code, and to the commercial cultivation of marijuana for casual or recreational use in the event that is legalized or decriminalized in the State of California and permitted by the County Code.

The initial maximum annual rate is one dollar per square foot of cultivation area for outdoor cultivation, two dollars per square foot of cultivation area for mixed light cultivation and three dollars per square foot of cultivation area for indoor cultivation. Cultivation area and cultivation types are as defined in the proposed ordinance. The tax rate shall be adjusted annually by the Consumer Price Index. Revenue from the tax will be deposited in the County General Fund. The tax will remain in effect until repealed.

The cultivation tax will be collected annually in two installments by the Humboldt County Treasurer-Tax Collector. The tax will begin to accrue on the date the cultivator becomes engaged in legally authorized commercial marijuana cultivation in accordance with the Humboldt County Code. Failure to pay the tax within 30 days of the date due will incur penalties of 25 percent of the total amount due, plus an additional 10 percent for each month the tax remains unpaid, up to a maximum penalty of 100 percent of the tax payable on the due date. Violation of the cultivation tax ordinance shall also constitute a public nuisance, subject to all administrative, civil, or criminal remedies available to the County.

The cultivation tax may be repealed or amended by the Board of Supervisors in a manner that does not result in an increase in the amount of the tax or broaden the scope of the tax without voter approval. In the event that the tax is repealed, it may be reenacted without voter approval, unless repealed by the electorate. [2]

—Humboldt County Counsel[1]

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:[1]

  • William Honsal, Undersheriff
  • Michael Downey, Sheriff
  • Mary Ann Hansen, children's advocate
  • Reverend Tim Doty, addiction treatment advocate

Arguments in favor

Official argument

The following official argument was submitted in favor of the measure:[1]

Did you know Sacramento politicians have taken over $300,000,000 from Humboldt County over the past 24 years? YES on S keeps OUR money LOCAL!

Illegal marijuana farms are destroying our local environment by diverting and drying up sensitive waterways and risking our health with toxic pesticides. YES on S ensures marijuana growers pay their fair share to protect our public safety, health and our County’s wildlife, natural resources and beauty by allowing Humboldt County to regulate marijuana growers as other cities, counties and states have already done. All revenue generated will benefit OUR region’s services.

Hard drugs and narcotics like meth and heroin continue to be a growing problem in our County. YES on S fights drug-related crimes, helps eliminate meth labs, and provides drug prevention and rehabilitation services.

YES on S enforces laws that require marijuana growers to protect natural areas and water quality

YES on S provides services for victims of child abuse

YES on S maintains rural ambulance services

YES on S provides mental health services for children and families

YES on S fights environmentally damaging marijuana farms

YES on S provides communications services for medical and first responders

By law, YES on S requires every dime be used for our local services—not taken for Sacramento agendas. Measure S generates locally-controlled funding for essential services like road repair, maintaining parks, trails and sheriff’s patrols and rural fire protection that all residents benefit from!

YES on S includes strong fiscal accountability, with annual financial audits and public review—ensuring funds are spent responsibly.

Protect our public safety, health and environment! Join a unanimous County Board of Supervisors, children’s advocates, marijuana farmers, and public safety leaders in voting YES on S.

Factual information: humboldtgov.org [2]

Opposition

Opponents

The following individuals signed the official argument against the measure:[1]

  • Kent Sawatzky, concerned citizen

Arguments against

Official argument

The following official argument was submitted in opposition to the measure:[1]

This tax goes into the county’s general fund, with no sunset, and is sure to be spent on other categories including ongoing raises for the Supervisors and all the County’s staff.

There are no provisions for sharing of the funds with the cities or other entities impacted by marijuana/cannabis.

This tax is untimely and should parallel state marijuana tax measures when enacted. And there is no provisions for citizen oversight as has become standard practice for such measures.

The tax falls on the backs of the small minority of marijuana farmers that are willing to comply, not the estimated 12,000 black market growers, and actually encourages mega growers.[2]

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 Humboldt County, California.

Recent news

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

See also

External links

Footnotes

  1. 1.0 1.1 1.2 1.3 1.4 1.5 Humboldt County Elections Office, "Sample Ballot and Voter Information Pamphlet," accessed October 25, 2016
  2. 2.0 2.1 2.2 2.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.