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San Bernardino, California, Measure X, Marijuana Business Regulation (November 2018)

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Local ballot measure elections in 2018
Measure X: San Bernardino Marijuana Business Regulation
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The basics
Election date:
November 6, 2018
Status:
Approveda Approved
Topic:
Local business regulation
Related articles
Local business regulation on the ballot
November 6, 2018 ballot measures in California
San Bernardino County, California ballot measures
See also
San Bernardino, California

A series of regulations on marijuana businesses was on the ballot for San Bernardino voters in San Bernardino County, California, on November 6, 2018. It was approved.

A yes vote was a vote in favor of this measure to amend and reenact a city ordinance establishing regulations on marijuana business, including a cap on the number of marijuana businesses that may operate in the city.
A no vote was a vote against this measure to amend and reenact an existing city ordinance concerning the authorization and regulation of marijuana businesses.

Measure X was designed to amend and reenact Ordinance No. MC-1464, an ordinance adopted by the San Bernardino City Council on March 7, 2018, to regulate commercial marijuana activity in the city.[1]

Ordinance No. MC-1464 was adopted by the council after a citizen initiative designed to regulate commercial marijuana, Measure O (November 2016), was invalidated in court.[2] Measure X included changes to Ordinance No. MC-1464, such as provisions to extend marijuana business license validity from one year to three years and to require that marijuana businesses adhere to existing citywide signage policies.[3] The measure was designed to maintain the provision to cap the number of commercial marijuana business permits to one per 12,500 residents of the city, allowing the city to authorize up to 17 permits.[2]

Election results

San Bernardino, California, Measure X, Marijuana Business Regulation (November 2018)

Result Votes Percentage

Approved Yes

21,837 60.33%
No 14,361 39.67%
Results are officially certified.
Source

Text of measure

Ballot question

The ballot question was as follows:[4]

Shall an ordinance amending and reenacting Chapter 5.10 of the San Bernardino Municipal Code, to regulate commercial cannabis businesses, be adopted?[5]

Impartial analysis

The following impartial analysis of the measure was prepared by the office of the San Bernardino City Attorney:

On November 8, 2016, the voters of California passed Proposition 64, which legalized the cultivation, manufacture, distribution, testing, and sale of cannabis and cannabis products within the State of California. Also on November 8, 2016, the voters of the City of San Bernardino ("City") adopted Measure 0, a local regulatory ordinance for commercial cannabis businesses. Several lawsuits were filed challenging Measure 0. On February 28, 2018, the Superior Court entered judgement declaring Measure 0 invalid. The judgement is currently being appealed.


After Measure 0 was declared invalid, on March 7, 2018, the City Council adopted Ordinance No. MC-1464, which established a new local regulatory ordinance for commercial cannabis businesses in the City. This measure would amend and reenact Ordinance No. MC-1464. This measure also repeals all previous local regulatory ordinances in the City, including, to the extent such ordinances are in effect when this measure is approved by the voters, Measure 0 and Measure N, both of which appeared on the ballot on November 8, 2016.

This measure would authorize the City Council to approve one commercial cannabis business permit per 12,500 residents of the City. With the current population of the City, the City Council would be authorized to approve up to 17 permits. The measure would also authorize the City Council to adopt an ordinance increasing the total number of permits allowed within the City.

The measure would permit commercial cannabis businesses to be established in the commercial and industrial zones of the City. The commercial cannabis businesses would be prohibited within 600 feet of residential zones, properties used as a residences, schools, commercial daycare centers, youth centers, and parks. The measure would also authorize the City Council to adopt an ordinance lowering the above distances.

The measure establishes regulations on the operation of commercial cannabis businesses including: recordkeeping, security measures, restrictions on alcohol and tobacco sales, signage, odor control, and background checks. Violation of the regulations could result in suspension or revocation of the commercial cannabis business permit, fines, or jail time.

State law authorizes the City Council to submit an ordinance to the voters as a ballot measure. On August 1, 2018, the City Council unanimously approved submission of this measure to the voters. If a majority of the voters in the City who vote on this measure vote "Yes," the measure will pass and the local regulatory ordinance for commercial cannabis businesses will be amended and reenacted effective ten days after the results of the vote are declared by the City Council.

The City Council of the City of San Bernardino placed this measure on the ballot. A "yes" vote is a vote to amend and reenact the local regulatory ordinance for commercial cannabis businesses. A "no" vote is a vote not to amend and reenact the local regulatory ordinance for commercial cannabis businesses. [5]

—San Bernardino City Attorney [2]

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 San Bernardino, California.

See also

External links

Footnotes