Town of Yucca Valley Medical Marijuana Dispensary Authorization and Regulation Act, Measure X (June 2015)

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A medical marijuana dispensary authorization and regulation act was on the ballot for Yucca Valley voters in San Bernardino County, California, on June 2, 2015. It was defeated.

If approved, this measure, which was named Measure X on the ballot and was also referred to as the "negotiated measure," was designed to allow and regulate the activity of one medical marijuana dispensary per 10,000 residents in the town. This amounted to a total of two dispensaries for Yucca Valley, which had an official population of 21,700 in 2015. The measure was also written to allow the city to collect license and operation fees from the dispensaries.

The Alliance 4 Safe Access collected enough signatures to force a medical marijuana dispensary initiative ordinance on the ballot. Meanwhile, the town council drafted its own ordinance. Instead of putting competing measures before voters, the town and initiative proponents decided to compromise, drafting an ordinance that was designed to allow enough medical marijuana activity to satisfy the alliance but also addressed some concerns of the town council. Measure X was the result of the compromise.

Elections results

Yucca Valley Town, Measure X
Result		Votes	Percentage
d No		2,103	56.49%
Yes		1,620	43.51%

Election results from San Bernardino County Elections Office

Text of measure

Ballot question

The following question appeared on the ballot:

“

Shall the Medical Marijuana Dispensary Authorization and Regulation Initiative Measure be enacted to allow the operation of medical marijuana dispensaries in the jurisdictional boundaries of the Town of Yucca Valley at a rate of one dispensary per every 10,000 residents, and attendant provisions regulating such operations? (quote)

”

Impartial analysis

The following impartial analysis of Measure X was provided by the office of the town attorney:

“	The Yucca Valley Medical Marijuana Dispensary Authorization and Regulation Act Initiative (“Measure X”) is proposed to amend the Town of Yucca Valley’s current ordinance prohibiting medical marijuana dispensaries by allowing one medical marijuana dispensary per every 10,000 Town residents. Measure “X” does not allow recreational (non-medical) marijuana sales, use or possession. State law allows possession and/or cultivation of marijuana for medical purposes, with the written or oral recommendation of a physician. Federal law, however, holds it illegal to manufacture, distribute, or possess marijuana for any purpose. The legal and operational ramifications of this conflict-in-law are currently uncertain. Under Measure “X” medical marijuana dispensaries would be eligible to operate in the Town on a first-come, first-serve basis, subject to health, zoning, fire, and safety review by Town staff and the County Health Department, until the maximum number of dispensaries is reached. Certain applications for opening a medical marijuana dispensary would be eligible for a priority approval if one of the two following conditions apply: (i) the applicant holds a State-issued seller’s permit pre-dating July 1, 2014 for a location in Yucca Valley and certain other corporate documents, or (ii) the applicant has operated a medical marijuana dispensary in the Town within three years prior to January 1, 2015, pursuant to an agreement with the Town. Upon approval of a medical marijuana dispensary’s application, the medical marijuana dispensary would have to remain in compliance with the operational standards and regulations set forth in Measure “X”, including: Professional security; Hours of operation from 8 am to 8 pm; Odor-absorbing ventilation systems; No minors; No on-site sales or consumption of food or alcohol; and No on-site cultivation, except for cuttings for home cultivars to be distributed by the dispensary; Other requirements imposed by the Yucca Valley Municipal Code. Measure “X” requires medical marijuana dispensaries to be at least 600 feet from schools, churches and childcare facilities, and 200 feet from state highways. Dispensaries would be limited to “Industrial”, “Mixed Use Commercial”, “Old Town Mixed Use”, “Old Town Commercial/Residential” and “Old Town Industrial/Commercial” zones. Town and taxpayer cost implications for implementing and enforcing Measure “X” are unknown. Measure “X” requires each medical marijuana dispensary to pay the Town an annual operating fee to assist the Town in recovering increased law enforcement costs incurred as a result of dispensary operations in the Town. Measure “X” must be approved by a majority of the voters to take effect. A “yes” vote is a vote in favor of Measure “X” allowing for medical marijuana dispensaries in the Town of Yucca Valley. A “no” vote will reject Measure “X” and keep in place the existing prohibition against such dispensaries. Measure “X” was placed on the ballot by the Town of Yucca Valley pursuant to an agreement with citizen proponents for a petition on a similar measure signed by the requisite number of voters to qualify for ballot placement.	”
—Yucca Valley town attorney

Full text

The full text of the proposed measure is available here.

Compromise

Town measure and initiative differences

There were some differences between the ordinance envisioned by the town council and the initiative ordinance proposed by the Alliance 4 Safe Access, which had to be worked out in the compromise that resulted in Measure X.

Both proposals were designed to allow a maximum of two dispensaries in the town. In addition, the town's measure was set up to allow only those patients with a doctor's recommendation to be given marijuana. The town's measure also contained provisions requiring a security guard at each dispensary, outlawing consumption or cultivation of marijuana on a dispensary site, and prohibiting any dispensary from operating within 600 feet of a school. Other differences revolved around more specific regulations concerning signs, hours of operation, mandated ventilation, product labeling and zoning restrictions, such as a clause that would have required dispensaries to operate only in commercial and industrial service zoning districts.

Moreover, the town council wanted to see some taxation or operating fees from the dispensaries that would have generated new revenue for the town. According to Jason Elsasser, the director of the Alliance 4 Safe Access, the law in California requiring citizen initiatives to concern only one subject prevented the group from including taxation in the initiative. He insisted, however, that he was in favor of fees or taxes imposed by the town. He wanted to see dispensaries working within the law to make medical marijuana accessible to patients while also producing new revenue for the town and community.

Final resolution

Initiative proponent Jason Elsasser insisted that none of the differences between the initiative and the city's ordinance were so severe as to make agreement on a compromise impossible. Speaking to the council, Elsasser said, “I know every single one of you guys and you’re good, ethical people." Elsasser also spoke about the unique situation in the town allowing for a compromise rather than a heated battle. He said, "As far as I know, this has never happened before. Its always been us against them. But we are going to have one ordinance supported by the town and the alliance and the voters will support it."

Ultimately an agreement was reached and the city council voted on March 3, 2015, to have the negotiated ordinance presented to the town voters on June 2, 2015.

Support

Supporters

Jason Elsasser, directer of the Alliance 4 Safe Access in Yucca Valley

The Alliance 4 Safe Access was the group behind the citizen initiative and worked with the city to achieve a compromise.

Jason Elsasser was the director of the Alliance 4 Safe Access and the founder of the Yucca Valley Medical Marijuana Resource Group. Jason Elsasser wrote and submitted the official argument in support of Measure X and the rebuttal to the argument in opposition to the measure.

The California Cannabis Coalition also helped support the initiative petition effort behind the alliance's draft and supported the passage of the final measure.

Arguments in favor

Jason Elsasser stated that the unique situation in Yucca Valley of the town compromising with initiative proponents resulted in a reasonable ordinance to provide medicine to those in need, while also providing the town with additional revenue. He said, "As far as I know, this has never happened before. Its always been us against them. But we are going to have one ordinance supported by the town and the alliance and the voters will support it."

Official arguments

The following was submitted as the official argument in support of Measure X:

“	VOTE YES ON MEASURE X, which is a local initiative put forward by our friends and neighbors, written in cooperation and in collaboration with the Town of Yucca Valley. Measure X is good for our community because: Prohibition doesn't work and is just plain un-American. Local prohibition of medical cannabis denies valuable relief to our friends in need and creates scofflaws out of otherwise law-abiding citizens. Without the protections provided by this measure our town will continue to be supplied by a black market, run by criminals, with no regulation and no tax benefits to the community. Medical cannabis is already legal for patients with a doctor's recommendation. Voters decided in 1996 that the use of medical cannabis is legal in the State of California for patients with a recommendation from a medical doctor. Measure X reaffirms these rights for patients in the Town of Yucca Valley and provides important protections for our neighborhoods and children, requiring that cannabis be tightly controlled and provided only through a registered and approved patient association, in accordance with all applicable laws and regulations. Measure X has town resident, community, and business owner support. Yucca Valley residents support Measure X because regulated medical cannabis patient associations have a good track record in Yucca Valley. A clinic in Yucca Valley operated for three years without a single untoward incident. The majority of patients were senior citizens with genuine medical needs. Educators, business owners, and residents across the town of yucca valley strongly support this measure because it provides vital protections for our community. For these reasons we ask you: Please join us in VOTING YES ON MEASURE X.	”
—Jason Elsasser

Opposition

Opponents

The following individuals signed the official argument in opposition to Measure X:

• Dan Letourneau, owner of Letourneau Prop. Management
• Richard Jack Rarick II, business owner
• Camille R. Chappell, elementary school teacher
• Gregory A. Rogers, business owner for 34 years
• Jerel Jay Hagerman, pastor

Arguments against

Official arguments

The following was submitted as the official argument in opposition to Measure X:

“	Vote NO on Measure X. It isn't what you think it is. Don't be misled. Measure X is not about compassionate use of marijuana for the seriously ill. State law already provides for the seriously ill to use marijuana. The Attorney General has already issued guidelines for such use. Measure X is about opening retail pot shops in Yucca Valley! Read the Measure carefully. The proponents admit this is a dangerous business. Retail pot shops are the only business required to have security guards and 24 hour surveillance. Large amounts of cash will be on their premises which will attract more crime. Our community will not be sufficiently protected. Measure X threatens public safety! This measure allows a retail pot shop, but does not provide any funding for the increased costs of enforcing the measure. There is no money for increased sheriffs, the costs of driving under the influence and other problems associated with retail pot shops. Measure X is flawed and will be harmful for Yucca Valley! There is no money for drug education programs for patients or children. There is no funding to help those that do suffer from addiction. In fact there is no funding to repay Yucca Valley for the costs of this special election. Measure X is misleading! Don't be tricked. Voting NO on Measure X will protect Yucca Valley from unfunded costs and threats to public safety, while still allowing the seriously ill to get the relief they need under state law. Do your own research and Vote NO on Measure X!!!	”
—Dan Letourneau, Richard Jack Rarick II, Camille R. Chappell, Gregory A. Rogers and Jerel Jay Hagerman

Reports and analyses

City staff issued a report on the medical marijuana dispensary issue and this measure. The report included city resolutions and findings. The full text of the report is available here.

Path to the ballot

See also: Laws governing local ballot measures in California

The Alliance 4 Safe Access sponsored an initiative to allow medical marijuana dispensaries in the town. Members of the group collected 1,873 valid signatures in 74 days. According to the laws governing elections and ballot measures, signatures from 10 percent of the registered voters were required to qualify the initiative for a general election, while signatures from 15 percent of registered voters was enough to make the initiative eligible for a special election within 80 and 103 days from signature petition certification. Yucca Valley had about 9,951 registered voters when the alliance's initiative was initially filed, making the signatures submitted by the alliance nearly 400 more than the number required for a special election. Once the county verified the signature petition, the town council postponed a decision on the initiative for 30 days to make time for research and a report on the issue.

The town council also proposed its own measure, seeking to establish taxation and fees for dispensaries and adding other regulatory provisions. The council ultimately struck a compromise with the initiative proponents, resulting in a resolution by the town council to move forward with a "negotiated measure" that satisfied the alliance and addressed the town's concerns. The council was scheduled to meet to discuss the initiative, the town's ordinance and a possible compromise on February 17, 2015. The council ultimately reached a decision on March 3, 2015, when the council voted to draft a measure and put it before voters on June 2, 2015.

See also

• Local marijuana on the ballot
• San Bernardino County, California ballot measures
• Local ballot measure elections in 2015

External links

Suggest a link

• San Bernardino County Elections Office website
• Yucca Valley Town Hall website
• Yucca Valley Medical Marijuana Resource website & Facebook page
• Alliance 4 Safe Access in Yucca Valley Facebook page

Additional reading

• Z107.7 News, "YUCCA VALLEY MARIJUANA BALLOT INITIATIVE PROPONENT ANSWERS OBJECTIONS," November 18, 2014