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Tuolumne County, California, Measure M, Marijuana Business Tax (November 2018)

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Local ballot measure elections in 2018
Measure M: Tuolumne County Marijuana Business Tax
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The basics
Election date:
November 6, 2018
Status:
Approveda Approved
Topic:
Local marijuana tax
Related articles
Local marijuana tax on the ballot
November 6, 2018 ballot measures in California
Tuolumne County, California ballot measures
County tax on the ballot
See also
Tuolumne County, California

A marijuana business tax was on the ballot for voters in Tuolumne County, California, on November 6, 2018. It was approved.

A yes vote was a vote in favor of authorizing the county to tax marijuana businesses at the following rates should such businesses be permitted at a later date:
  • Commercial cultivation: from 0 percent to 15 percent of gross receipts or from $0 to $15 per square foot; and
  • Other commercial marijuana businesses: from 0 percent to 15 percent of gross receipts.
A no vote was a vote against authorizing the county to tax marijuana businesses, should they be permitted, at the above rates to fund general county purposes.

Election results

Tuolumne County Measure M

Result Votes Percentage

Approved Yes

12,878 61.99%
No 7,897 38.01%
Results are officially certified.
Source

Text of measure

Ballot question

The ballot question was as follows:[1]

Shall the County ordinance be adopted adding Chapter 3.30 to the Tuolumne County Ordinance Code imposing a 0%-15% gross receipts tax on commercial cannabis businesses (but no less than $0-$15 per square foot for cultivation businesses as annually increased by a consumer price index) in the unincorporated area of Tuolumne County, and authorizing the Board of Supervisors to implement and adjust the tax at its discretion, with funds staying local for unrestricted general revenue purposes, including but not limited to public safety, health, environmental protection and addressing industry impacts, unless repealed or amended by voters?[2]

Impartial analysis

The following impartial analysis of the measure was prepared by the office of the Tuolumne County Counsel:

The Tuolumne County Board of Supervisors proposes “Measure M,” which, if approved would add Chapter 3.30 to the Tuolumne County Ordinance Code imposing a tax on individuals or entities operating commercial cannabis businesses. Measure M does not authorize commercial cannabis business itself, rather, it puts in place a mechanism to tax such activities should it later be permitted in Tuolumne County. Commercial cannabis business will remain banned in Tuolumne County unless and until local, state or federal regulations authorize such activities.

Measure M would impose a tax on commercial cannabis businesses, including cultivation, manufacturing, distribution, testing and the sale of cannabis in the unincorporated area of Tuolumne County (not within the City of Sonora). The tax would not apply to personal cannabis cultivation as defined in the “Medicinal and Adult-Use Cannabis Regulation and Safety Act” or to the personal use of cannabis that is specifically exempted from state licensing requirements and meets specified criteria. The details of the proposed tax are contained in Ordinance No. 3339 of the Tuolumne County Board of Supervisors.

The cannabis business tax would be levied on cultivation based upon either gross receipts or square footage, and on other cannabis businesses based on only gross receipts.

The tax rates for commercial cultivation are as follows:

  • 0%-15% of gross receipts or $0-$15 per square foot as annually increased by a consumer price index

The tax rate for commercial cannabis businesses other than cultivation are as follows:

  • 0%-15% of gross receipts

The Board of Supervisors may, by ordinance, change or increase the tax rates for all commercial cannabis businesses from the minimum percentages to the maximum percentages and/or from the minimum dollar amount to the maximum dollar amount as set forth above.

The cannabis business tax is a general tax, meaning revenue generated would be placed in the general fund and may be used for any unrestricted general governmental purpose.

A “Yes” vote is a vote to approve the imposition of the tax.

A “No” vote is a vote against the imposition of the tax.

The measure requires a simple majority vote for approval.[2]

—Tuolumne County Counsel[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 vote of the governing officials of Tuolumne County, California.

See also

External links

Footnotes

  1. 1.0 1.1 Tuolumne County, "Local Ballot Measures," accessed November 1, 2018
  2. 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.