La Mesa, California, Repeal Ban on Medical Marijuana Dispensaries Initiative, Measure U (November 2016)

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Local ballot measure elections in 2016

Measure U: La Mesa Repeal Ban on Medical Marijuana Dispensaries Initiative
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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
San Diego County, California ballot measures
See also
La Mesa, California

A citizen initiative repealing the ban on medical marijuana dispensaries was on the ballot for La Mesa voters in San Diego County, California, on November 8, 2016. It was approved.

A yes vote was a vote in favor of repealing the ban on medical marijuana dispensaries.
A no vote was a vote against this measure repealing the ban on medical marijuana dispensaries.

Election results

Measure U
ResultVotesPercentage
Approveda Yes 13,322 52.97%
No11,82947.03%
Election results from San Diego County Elections Office

Text of measure

Ballot question

The following question appeared on the ballot:[1]

Shall the Ordinance amending the La Mesa Municipal Code to authorize and regulate medical marijuana dispensaries, and the cultivating and manufacturing of medical marijuana, in the City of La Mesa, be adopted?[2]

Impartial analysis

The following impartial analysis of the measure was prepared by the office of the La Mesa City Attorney:

The La Mesa Municipal Code (Municipal Code) presently prohibits medical marijuana dispensaries (dispensaries), and the cultivating and manufacturing of medical marijuana in La Mesa. This measure is citizen-sponsored and would amend the Municipal Code to repeal that prohibition and permit, upon the issuance of a conditional use permit (CUP), dispensaries, and the cultivating and manufacturing of medical marijuana, in specified zones subject to certain conditions and restrictions.

Regarding dispensaries, this measure would permit dispensaries in La Mesa upon the issuance of a CUP in General Commercial (C), Light Industrial and Commercial Services (CM), and Industrial Services and Manufacturing (M) zones. This measure requires that dispensaries maintain a minimum 1,000 feet separation from licensed childcare centers, playgrounds, minor oriented facilities, other dispensaries and schools. Among other things, this measure requires the following for dispensaries: security measures (e.g., cameras, alarms and guards), restrictions on hours of operation (7:00 a.m. to 9:00 p.m., seven days a week), provisions for revocation, and compliance with other City requirements (which shall be in compliance with State law).

Regarding cultivation, this measure would specifically prohibit commercial cultivation sites in residential zones. However, such sites would be permitted in Industrial Service and Manufacturing (M) zones upon the issuance of a CUP. Among other things, this measure requires the following for commercial cultivation sites: plants may only be cultivated in response to a pre-existing supply or purchase agreement with a licensed dispensary or distributor, security measures (e.g., cameras, alarms and guards), no adverse impacts to the environment, no public access or sales, background checks (of employees) and no employment of felons, provisions for revocation, and compliance with other City requirements (which shall be in compliance with State law).

Regarding manufacturing, this measure would specifically prohibit manufacturing sites in residential zones. However, such sites would be permitted in Industrial Service and Manufacturing (M) zones upon the issuance of a CUP. Among other things, this measure requires the following for manufacturing sites: no extraction of cannabis concentrates with butane or other flammable gases, compliance with medical marijuana processing rules and requirements promulgated by the California Department of Public Health, security measures (e.g., cameras, alarms and guards), no public access or sales, background checks (of employees) and no employment of felons, provisions for revocation, and compliance with other City requirements (which shall be in compliance with State law).

This measure also provides that a qualified patient or a personal caregiver may cultivate up to eight marijuana plants for personal use; provided, however, that personal use cultivation must comply with state and local laws.

Finally, this measure states that it would take effect and be in force on the thirtieth day from and after its final passage.[2]

—La Mesa City Attorney[3]

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:[3]

  • Pavel Ratnovskiy, M.S.W.
  • Michael E. Cindrich, former prosecutor
  • Adam Richardson, Ph.D., cancer research scientist
  • James P. Gray, retired Superior Court judge
  • Tom Horvath, Ph.D., addiction treatment expert

Arguments in favor

Official argument

The following official argument was submitted in favor of the measure:[3]

MEASURE U will provide regulation, oversite and transparency of medical marijuana organization in the City of La Mesa by creating a conditional use permit process and restricted zoning for medical marijuana businesses while ensuring full compliance with California State law.

In 1996, the majority of voters in California and in the City of La Mesa voted for the Compassionate Use Act, which allowed patient access to medical marijuana. Twenty years later, we still lack regulated medical marijuana access in La Mesa.

Research from UC San Diego has shown medical marijuana to be an effective treatment for the effects of cancer radiation therapy, debilitating arthritis, multiple sclerosis, and other pain conditions affecting the large senior population in our City. Today, La Mesa patients are forced to use less effective and more costly pharmaceuticals to manage their pain or to turn to black market dealers for their medicine.

MEASURE U will allow the City of La Mesa to provide patient access, while ensuring medical marijuana organizations comply with state regulations, and local zoning and public safety regulations.

MEASURE U ensures the safety of patients and the community by including security requirements including alarm systems, security cameras, lighting standards, and restricting hours of operation.

MEASURE U ensure that medical marijuana dispensaries are located in appropriate areas. It prohibits medical marijuana dispensaries in residential zones and areas where children congregate.

MEASURE U authorizes the city to set fees to ensure that the safe access does not become a financial burden on the city.

Join us in supporting community and patient safety in La Mesa! Vote “Yes” on MEASURE U. [2]

Opposition

Opponents

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

  • Jeffrey A. Goettler
  • Mark Arapostathis, Mayor
  • Beth Thomas, school administrator
  • Danielle Womack, Community Pastor, Crosspointe Life
  • Michael A. Emerson, Director, Grossmont Healthcare District

Arguments against

Official argument

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

Vote NO on Measure U to protect La Mesa’s economy and public safety.

Just two years ago, La Mesa voters soundly defeated a ballot measure seeking to overturn the City’s existing ordinance. In January, City Council included marijuana cultivation and delivery services in La Mesa’s ordinance.

Yet, here we are again with the special interest marijuana lobby imposing on La Mesa’s limited budget for another vote!

California’s laws protect cities, like La Mesa, using their land-use rules to keep undesirable marijuana businesses out. Courts have upheld city’s rights to make zoning decisions for public safety, economic development, and housing.

Marijuana storefronts hurt neighborhoods. The City of San Diego’s experience is that census tracts with marijuana storefronts had twice as many property and violent crimes as census tracts without them. Nothing in Measure U provides enough revenue to support additional law enforcement costs.

Measure U goes far beyond simply proving safe access to sick people, it includes “nursery” style commercial cultivation, wholesale manufacturing, and mass production of edible cannabis products.

Measure U allows commercial cultivation supplying marijuana businesses throughout California.

Nothing in Measure U prevents existing illegal marijuana shops from getting a permit.

Nothing in Measure U prevents medical marijuana users from purchasing marijuana from multiple stores in a single day – or even from the same store multiple times in a day.

Measure U does not require a 1,000 foot buffer between residential property and marijuana dispensaries.

Marijuana is already too easily available in our community! We want attractive, vibrant businesses in La Mesa that bring well-paying jobs and contribute to a sustainable economy.

Put our city’s precious resources to work fixing streets and parks, creating jobs, and making our city safe and healthy!

La Mesa, U deserve better! Please vote NO on Measure U. [2]

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 campaign.

Recent news

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

See also

External links

Footnotes

  1. San Diego Registrar of Voters, "Local Measures for November 8, 2016," accessed September 29, 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.
  3. 3.0 3.1 3.2 3.3 3.4 San Diego Registrar of Voters, "Measure U," accessed September 29, 2016