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Laguna Beach, California, Medical Marijuana Dispensaries, Measure KK (November 2016)

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Local ballot measure elections in 2016

Measure KK: Laguna Beach Medical Marijuana Dispensaries
LocalBallotMeasures Final.png
The basics
Election date:
November 8, 2016
Status:
Defeatedd Defeated
Topic:
Local marijuana
Related articles
Local marijuana on the ballot
November 8, 2016 ballot measures in California
Orange County, California ballot measures
See also
Laguna Beach, California

A measuring allowing medical marijuana dispensaries was on the ballot for Laguna Beach voters in Orange County, California, on November 8, 2016. It was defeated.

A yes vote was a vote in favor of allowing one medical marijuana dispensary for every 10,000 residents.
A no vote was a vote against this measure allowing medical marijuana dispensaries, thereby leaving the city's ban on marijuana dispensaries.

Election results

Measure KK
ResultVotesPercentage
Defeatedd No9,70270.8%
Yes 4,002 29.2%
Election results from Orange County Elections Office

Text of measure

Ballot question

The following question appeared on the ballot:[1]

City of Laguna Beach, City of Laguna Beach Initiative Measure to Rescind Laguna Beach’s Ban on Medical Marijuana Dispensaries and Authorizing the Operation and Regulation of Medical Marijuana Dispensaries

Shall an ordinance rescinding the City of Laguna Beach’s prohibition of medical marijuana dispensaries, allowing for one dispensary for every 10,000 residents, and adopting regulations providing for administrative approval process, operator priority registration, operating standards, distance requirements from residential areas and schools, and which could allow the sale of marijuana for recreational use, known as An Initiative Measure Rescinding the City of Laguna Beach’s Ban on Medical Marijuana Dispensaries and Authorizing the Operation and Regulation of Medical Marijuana Dispensaries, be adopted? [2]

Impartial analysis

The following impartial analysis of the measure was prepared by the office of the Laguna Beach City Attorney:

This measure has been placed on the ballot by an initiative petition signed by the requisite number of voters. The City Council declined to adopt the measure.

Currently, the Laguna Beach Municipal Code prohibits medical marijuana dispensaries within the entire City. Medical marijuana dispensaries are defined to include any facility or location where medical marijuana is dispensed, sold or delivered.

This measure, if adopted by the voters, repeals the prohibition on medical marijuana dispensaries and amends the Municipal Code to authorize the operation of dispensaries within the City subject to certain regulations.

The measure establishes a licensing procedure for medical marijuana dispensaries and describes the information required for an application. The City cannot exercise its discretion in determining who should receive medical marijuana licenses and is required to issue a license to applicants as an administrative matter if specified requirements are met; however, the measure further provides that priority must be given to the first two applications where the applicant (1) is a California nonprofit mutual benefit corporation incorporated before May 15, 2014; (2) possesses a City business license to provide home care or therapeutic service issued before May 15, 2015; (3) maintains a California resellers license; and (4) is the owner or lessor of property at a qualified location.

The measure authorizes the City to issue 1 medical marijuana license for each 10,000 residents; thus, at least two medical marijuana dispensaries could be located within the City. The measure authorizes the City Council to increase the number of licenses in excess of this formula.

Approved medical marijuana dispensaries must be located on a commercially or industrially zoned property, cannot be on property abutting or across the street from a residentially zoned lot, and cannot be within 1000 feet of a public or private school (K-12) or another medical marijuana dispensary. Approved dispensaries are subject to regulations concerning parking lot lighting, hours of operation, visibility, and sales and consumption of alcoholic beverages, among other standards.

The measure would allow medical marijuana dispensaries to distribute marijuana for recreational use in the event of adopted statewide regulations that legalize the recreational use of marijuana.

The measure must be approved by a majority of the voters to take effect. If the measure is adopted, repealing it would require approval by the City’s voters.

Legal questions exist as to whether federal law authorizes the operation of medical marijuana dispensaries in the manner proposed by the measure because federal law makes it illegal to manufacture, distribute, or possess marijuana for any purpose.

A “yes” vote on Measure KK would rescind the City’s existing prohibition on medical marijuana dispensaries and would authorize the operation of at least two dispensaries in the City.

A “no” vote on Measure KK would disapprove the proposed ordinance and, as a result, would keep in place the City’s existing prohibition against medical marijuana dispensaries.

The above statement is an impartial analysis of Measure KK. If you desire a copy of the measure, please call the City Clerk’s office at (949) 497-0705 and a copy will be provided at no cost to you. [2]

—Laguna Beach City Attorney[1]

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 successful initiative petition campaign.

Recent news

The link below is to the most recent stories in a Google news search for the terms Laguna Beach 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 Orange County Registrar of Voters, "Measure KK," accessed October 10, 2016
  2. 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.