San Leandro, California, Marijuana Business Tax, Measure NN (November 2016)
| Measure NN: San Leandro Marijuana Business Tax |
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| The basics |
| Election date: |
| November 8, 2016 |
| Status: |
 Approved
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| Topic: |
| Local marijuana tax |
| Related articles |
| Local marijuana tax on the ballot November 8, 2016 ballot measures in California Alameda County, California ballot measures City tax on the ballot |
| See also |
| San Leandro, California |
A measure to establish a 10 percent tax on gross receipts for city marijuana businesses was on the ballot for San Leandro voters in Alameda County, California, on November 8, 2016. It was approved.
| A yes vote was a vote in favor of establishing a 10 percent tax on gross receipts for city marijuana businesses. |
| A no vote was a vote against establishing a 10 percent tax on gross receipts for city marijuana businesses. |
Election results
| Measure NN | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 22,710 | 75.23% | ||
| No | 7,476 | 24.77% | ||
- Election results from Alameda County Registrar of Voters
Text of measure
Ballot question
The following question appeared on the ballot:[1]
| “ |
To maintain and enhance the City of San Leandro, with funding that cannot be taken by Sacramento, including: social services, public art, programs that celebrate diversity, multilingual programming and other general city services, shall the City of San Leandro levy an ongoing tax of up to 10% of gross receipts of cannabis (marijuana) businesses in the city, providing $500,000 annually, requiring independent citizen oversight, financial audits, and that all funds stay in the City of San Leandro? [2] |
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Impartial analysis
The following impartial analysis of the measure was prepared by the office of the San Leandro City Attorney:
| “ |
If Measure _ (Cannabis Business Tax) is passed by the voters, it would amend Title 2 (Revenue) of San Leandro's Municipal Code to add Chapter 2-21, establishing a new cannabis business tax. The tax would apply to all for profit and non-profit entities involved in cannabis-related business activities within the City of San Leandro, including cultivation, transportation, processing and manufacture, storing or selling cannabis or any of its derivatives, as further defined by State law. The tax would also apply to the sale of medical cannabis, and any products containing medical cannabis or generated from medical cannabis. The tax would not be imposed on persons engaged only in personal cultivation on personal property for personal consumption in accordance with current State law. If approved, each cannabis business would pay a tax, as set by the City Council, of up to and including 10% of gross receipts, or for example, $100 per $1,000 of gross receipts, payable directly to the City. If the tax is initially set by the City Council at between 5% and 7%, the City estimates that the tax could provide $500,000 in annual revenue. The ordinance would also require cannabis businesses to provide monthly reports showing the businesses' annual gross receipts to date. The proposed cannabis business tax is a general tax the proceeds of which the City could use for any legal municipal purpose. The tax would be ongoing. This measure was placed on the ballot by a unanimous vote of the San Leandro City Council. California Constitution, Article XIII(C), Section 2(b) requires that the electorate approve a new general tax by a majority vote before the City can establish the new tax. A "yes" vote would approve the ordinance that would establish a cannabis-related business tax and allow the City Council to set the tax that the City could charge cannabis-related businesses up to and including 10% of gross receipts. A "no" vote does not approve the ordinance, and does not establish the tax. [2] |
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| —San Leandro 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]
- Pauline Russo Cutter, Mayor, City of San Leandro
- Lawrence Allphin, Jr., Vice President, San Leandro Downtown AssociationDan Dillman, Medical Cannabis Advocate/Historical BAL Theater Owner
Arguments in favor
Official argument
The following official argument was submitted in favor of the measure:[3]
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Vote YES on X—San Leandro’s marijuana tax measure. Protect property values and quality community services, WITHOUT tax ing San Lean dro’s residents or property owners.
Sacramento politicians take $12,000,000 annually from San Leandro. Funding generated by Measures X, Y and Z replaces this funding, giving San Leandro taxpayers LOCAL control over LOCAL funds for LOCAL needs. NO funds can be taken by Sacramento politicians. NO money raised from Measures X, Y and Z will be used for administrator salaries. YES on X, Y and Z are fiscally accountable. All three measures require independent citizen oversight, mandatory financial audits, and yearly reports to the community to ensure that money is spent as promised. Voting YES on X, Y and Z protects San Leandro property values by maintaining quality services, parks, open space and safe neighborhoods, all WITHOUT RAISING YOUR TAXES. Join a unanimous City Council and San Leandro’s police officers, firefighters, teachers, neighborhood community leaders and business leaders in voting YES on X, Y and Z! [2] |
” |
Opposition
Opponents
The following individuals signed the official argument against the measure:[3]
- Terry Floyd, Treasure, Libertarian Party of Alameda County
- Stephen Carbonaro, Retired
- Margarita Lacabe, Human Rights Activist
- Francis Leidy, Business Owner
Arguments against
Official argument
The following official argument was submitted in opposition to the measure:[3]
| “ |
Just as the City Council finally woke up in the 21st Century and recognized the need for a licensed medical cannabis dispensary in San Leandro (which has been legal in California since the late 20th Century), they decided that the price of this critical medicine is far too low. Now they want to impose a new 10% tax on it (over and above our already exorbitant 10% sales tax). Medical insurance policies won’t cover this cost, so they are taking money from sick people to line their own pockets. Their compassion has been overcome by their greed. They anticipate a new tax windfall, and naively assume that Proposition 64 will pass in November and recreational cannabis will be legalized statewide so they can make even more money, because they’ve now licensed two such establishments. But this is by no means guaranteed. Proposition 19 narrowly failed in 2010 and Proposition 64 faces strong opposition from many voters and even staunch cannabis activists who once endorsed earlier legalization proposals. Medical Marijuana, however, has been legal since 1996 and is vital to the quality of life of many disabled adults and senior citizens who depend on it for their health and well-being. Senior citizens, AIDS patients and chronic pain sufferers were the driving force behind Proposition 215 when the Libertarian Party helped gather signatures in San Leandro to legalize medical marijuana back in 1996. It has taken 20 long years for this city to finally respond to the pressing need for a local dispensary to provide convenient access to cannabis, but now they want to exploit it for their own purposes. This proposal will tax cannabis sold in our city at double the rate imposed on identical businesses in Oakland. Don’t rob sick people to raise public servant salaries. Vote NO on the cannabis tax. Rebuttal to argument against Measure NN (cannabis gross receipts tax) In 1996, California voters authorized the legal use of medical marijuana. The State of California now collects over $49,000,000 in sales tax from medical marijuana annually, while San Leandro receives almost nothing. Many cities and counties are taxing these businesses and generating revenue to support local community services. YES on NN simply allows San Leandro to tax and regulate marijuana businesses as other cities, counties and states have already done. Voting YES on NN is a first step in regulating these businesses locally, to ensure patients receive safe medicine and public safety is maintained. All revenue generated will benefit OUR local services. YES on NN requires marijuana businesses to pay taxes just like every other San Leandro business—they shouldn’t be exempt from paying their fair share! The City will have the authority to regulate, audit and ensure payments just like it does for everyone else. Here’s what Measure NN WON’T do: Measure NN WON’T tax patients, disabled adults or seniors. Measure NN is NOT a tax on San Leandro residents or property owners. The revenue generated by voting YES on NN and Measures PP & OO will be used exclusively for maintaining vital San Leandro services such as: providing shelter for abused women/children; fixing potholes and repairing city streets; improving 911 emergency response times; enhancing safety net programs for homeless and at-risk adults & children; and providing essential improvements to the San Leandro Library. Join a unanimous Mayor and City Council and San Leandrans from every neighborhood: Vote YES on OO, NN & PP![2] |
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Path to the ballot
This measure was put on the ballot through a vote of the governing officials of San Leandro, California.
Recent news
The link below is to the most recent stories in a Google news search for the terms San Leandro Local marijuana tax. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
External links
Footnotes
- ↑ Alameda County, "November 8, 2016 General Election Local Measures," accessed October 12, 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 Alameda County, "Measure NN," accessed October 28, 2016
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