Inyo County, California, Commercial Recreational Marijuana Advisory Question, Measure H (November 2016)

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Local ballot measure elections in 2016

Measure H: Inyo County Commercial Recreational Marijuana Advisory Question
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The basics
Election date:
November 8, 2016
Status:
Approveda Approved
Topic:
Local marijuana
Related articles
Local marijuana on the ballot
November 8, 2016 ballot measures in California
Inyo County, California ballot measures
Local advisory vote on the ballot
See also
Inyo County, California

An advisory measure regarding local recreational marijuana regulations was on the ballot for Inyo County voters in Inyo County, California, on November 8, 2016. It was approved. Measure H, however, was an advisory vote only, which means it had no legally binding effect.

A yes vote was a vote in favor of advising the county board of supervisors to develop laws authorizing commercial recreational cannabis businesses in the unincorporated areas of the county in the event that Proposition 64, the statewide marijuana legalization initiative, passes, which it did.
A no vote was a vote against advising the county board of supervisors to develop laws authorizing commercial recreational cannabis businesses in the unincorporated areas of the county in the event that Proposition 64, the statewide marijuana legalization initiative, passes, which it did.

Election results

Measure H
ResultVotesPercentage
Approveda Yes 4,129 53.52%
No3,58646.48%
Election results from Inyo County Elections Office

Text of measure

Ballot question

The following question appeared on the ballot:[1]

If Proposition 64, the California Marijuana Legalization Initiative Statute, passes, should the County of Inyo adopt regulations which would allow COMMERCIAL cannabis businesses within the County, including but not limited to, cultivation, processing, manufacturing, sales, distribution, warehousing and transportation of RECREATIONAL cannabis?[2]

Impartial analysis

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

California law permits local governments such as counties to hold advisory elections for the purpose of allowing voters to voice their opinions on substantive policy issues. The Inyo County Board of Supervisors placed Measure H on the ballot in order to ascertain voter opinions regarding whether or not the County should establish regulations allowing recreational cannabis (marijuana) businesses to operate within the unincorporated areas of the County (areas outside the City of Bishop). Because the measure is advisory only, the election results are in no manner controlling on the Board of Supervisors.

California permits certain personal use and possession of medical cannabis throughout the state, but does not currently permit recreational use of cannabis. That would change and recreational use would become legal under California law if the voters approve Proposition 64, the California Marijuana Legalization Initiative Statute. Even if that happens, however, cities and counties will nevertheless be able to prohibit or allow the operation of commercial recreational cannabis businesses within their jurisdictions and to otherwise regulate them (cities and counties already have that same authority with respect to commercial medical cannabis businesses). For example, through its power to regulate land use, a county could adopt zoning ordinances and other land-use regulations allowing such businesses on certain types of properties in particular areas of the County as long as any such proposed business first obtains a use permit from the County, which the County could consider through a public process and then deny or approve in its discretion with conditions. Inyo County regulations do not currently permit such businesses anywhere within the unincorporated areas of the County. Note: the Inyo County Board of Supervisors has no jurisdiction to prohibit or allow such businesses within the City of Bishop nor on lands under the territorial jurisdiction of a federally-recognized Indian Tribe.

As noted above, this measure is advisory only and establishes no policy or regulations. But the Board of Supervisors may choose to consider the election results in determining whether and to what extent any County communities support the development of regulations allowing commercial recreational cannabis businesses. Any proposed future regulations would go through noticed public processes before adoption and implementation by the County.

A "Yes" vote means you support the County developing laws (regulations) authorizing commercial recreational cannabis businesses within the unincorporated areas of the County, if Proposition 64 (the California Marijuana Legalization Initiative Statute) passes.

A "No" vote means you oppose the County developing laws (regulations) authorizing commercial recreational cannabis businesses within the unincorporated areas of the County if Proposition 64 (the California Marijuana Legalization Initiative Statute) passes. [2]

—Inyo County Counsel[3]

Full text

The full text of the measure is available here.

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 Inyo County, California.

Recent news

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See also

External links

Footnotes