Mendocino County, California, Medical Cannabis Regulation, Measure AF (November 2016)
| Measure AF: Mendocino County Medical Cannabis Regulation |
|---|
|
| The basics |
| Election date: |
| November 8, 2016 |
| Status: |
 Defeated
|
| Topic: |
| Local marijuana |
| Related articles |
| Local marijuana on the ballot November 8, 2016 ballot measures in California Mendocino County, California ballot measures |
| See also |
| Mendocino County, California |
A measure to amend medical marijuana regulations was on the ballot for Mendocino County voters in Mendocino County, California, on November 8, 2016. It was defeated.
| A yes vote was a vote in favor of decreasing regulations on commercial medical cannabis production, including a decrease in the minimum buffers between cultivation operations and schools, parks, and separate residences or structures. |
| A no vote was a vote against decreasing regulations on commercial medical cannabis production, including a decrease in the minimum buffers between cultivation operations and schools, parks, and separate residences or structures. |
Election results
| Measure AF | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| No | 22,534 | 62.07% | ||
| Yes | 13,772 | 37.93% | ||
- Election results from Mendocino County Elections Office
Text of measure
Ballot question
The following question appeared on the ballot:[1]
| “ |
Shall an Initiative of the People of the County of Mendocino to Regulate Medical Cannabis Cultivation, Processing, Testing, Distribution, Transportation, Delivery and Dispensing be approved?[2] |
” |
Impartial analysis
The following impartial analysis of the measure was prepared by the office of the Mendocino County Counsel:
| “ |
This ballot measure seeks voter approval to amend Mendocino County Code (MCC) as follows: Chapter 10A.13, Agricultural Nuisances and Customer Disclosures, would add the commercial cultivation of cannabis as an agricultural operation; Chapters 9.71 and 9.31 relating to Medical Marijuana Cultivation Regulation would be repealed; Chapter 6.22 would be added to create cannabis business permits and regulations; and Chapter 20 would substantially change the current Mendocino County Zoning Ordinance, including the Coastal Zoning Code and the Mendocino Town Zoning Code. Because this initiative is proposed by the voters, it would not be subject to environmental review or mitigation measures. The zoning ordinance would prohibit commercial medical cannabis cultivation within 600 feet of any school or park (currently 1000 feet pursuant to MCC); within 100 feet of any occupied legal residential structure located on a separate parcel without consent; within 30 feet of a parcel under separate ownership (currently 50 feet pursuant to MCC) without consent. Dispensaries would not be allowed within 600 feet of any school or park. Restrictions regarding visibility and fencing, lighting, noise, water, security and plant health are included. A qualified patient who is cultivating cannabis in an area less than 100 square feet or a primary caregiver cultivating cannabis in an area less than 500 square feet would be exempt from the regulations in this measure as long as the cultivation is for their own personal use, or the personal use of their patients. All commercial medical cannabis activity, including cultivating, manufacturing of edible and topical cannabis, laboratory testing, dispensing, distributing, and transporting, would be subject to a permit. Dispensaries could not employ anyone under 21, could not admit anyone under 18 years unless they are a qualified patient or in the presence of their parent or guardian, and the hours of operation would be limited. Cannabis could only be consumed on-site by vaporization or oral consumption. This measure would require the Department of Planning and Building to issue permits for manufacturing, distribution and transportation, and the Health and Human Services Agency to issue permits for medical cannabis testing facilities; both would have to develop specific regulations as stated. The permit applications would be $300.00 with the ability to increase the amount if additional time or expense is incurred in administering the permit. It would add a business tax for medical cannabis businesses of 2.5% of the gross receipts and for non-medical cannabis businesses of 5% of gross receipts. It would establish an independent oversight commission to develop an annual Economic Impact Report. This measure could be amended by the Board of Supervisors after June 1, 2018; however, any increase in the tax would need voter approval. This Initiative was placed on the ballot by a petition signed by the requisite number of voters. This initiative must be adopted by a majority of the voters. A YES vote will be a vote in favor of adoption of the proposed initiative. A NO vote will be a vote against the adoption of the proposed initiative. [2] |
” |
| —Mendocino County Counsel[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]
- Tom Rodrigues, Registered Voter
Arguments in favor
Official argument
The following official argument was submitted in favor of the measure:[3]
| “ |
In 2015, the State of California passed historic legislation to regulate commercial cannabis. The cannabis industry is an important part of our economy and has had significant impacts on our watersheds and communities. Regulation means that we can control the future of the industry, protect small local farms, keep corporate interests out, reduce black market activity, end trespass grows, and safeguard our environment. Measure AF provides the most direct and cost-effective path to regulating our local medical cannabis industry while making Mendocino County’s rules consistent with state law. Community stakeholders are committed to working with the Board of Supervisors and County Staff to continually improve our local legislation to ensure that all of our neighbors benefit from a safe, regulated cannabis industry. We encourage voters to say ‘yes’ to all three countywide cannabis tax measures on the ballot: Measures AF, AI, and AJ. Cannabis regulation and taxation will make Mendocino County safer and benefit our entire community, helping to fund enhanced mental health services, repair of county roads, and expand fire and emergency medical services. [2] |
” |
Opposition
Opponents
The following individuals signed the official argument against the measure:[3]
- Jim Eddie, Rancher
- Daryl Schoeppner, Fire Chief
- Jeanette Pedersen, Retired Cal Fire Mendocino Unit Resource Manager
- Mike Sweeney, Recycling Manager
Arguments against
Official argument
The following official argument was submitted in opposition to the measure:[3]
| “ |
Measure AF would allow commercial marijuana to infringe the health and safety of our community. It would legalized marijuana growing in every residential district, with grows as large as 1 acre of plants within 30 feet of a neighbor’s property and within 100 feet of a neighbor’s house. In mobile home parks, there would be no setbacks at all. Measure AF would allow marijuana grows and dispensaries 400 feet closer to our schools and parks, compared to existing regulations. The separation would be only 30 feet from churches, youth-oriented facilities, and residential treatment facilities. Measure AF would prevent neighbors from complaining about the odor of marijuana plants because marijuana growers would be protected by the “right to farm.” Marijuana would no longer be regulated by the sheriff, but instead by civil procedure that would be so slow and weak that it would be the same as no regulation at all. Penalties for violations are minimal and ineffective. Measure AF would make the dangerous use of butane to make hash oil an authorized activity in all industrial zoning, even though it has caused many fires. Measure AF would tell the world that if you want to make a fast buck growing lots of marijuana, come to Mendocino County. The dangerous measure was written by the marijuana growers themselves. It radically amends all zoning codes. Special-interest groups like the growers shouldn’t be able to write their own laws. Marijuana regulations should be written by the Board of Supervisors with consideration for all, not by a special interest group pursuing their own agenda. Vote NO on Measure AF[2] |
” |
Path to the ballot
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 Mendocino County Local marijuana. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
External links
Footnotes
- ↑ Mendocino County, "Candidate List CONSOLIDATED General Election November 8, 2016," accessed October 3, 2016
- ↑ 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.
- ↑ 3.0 3.1 3.2 3.3 3.4 Mendocino County, "Measure AF," accessed October 4, 2016
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