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Upland, California, Marijuana Prohibition Veto Referendum, Measure E (June 2017)
| Measure E: Upland Marijuana Prohibition |
|---|
|
| The basics |
| Election date: |
| June 6, 2017 |
| Status: |
 Approved
|
| Topic: |
| Local marijuana |
| Related articles |
| Local marijuana on the ballot June 6, 2017 ballot measures in California San Bernardino County, California ballot measures |
| See also |
| Upland, California |
A marijuana prohibition measure was on the ballot for Upland voters in San Bernardino County, California, on June 6, 2017. It was approved.
| A yes vote was a vote in favor of adopting an ordinance to prohibit the development and operation of marijuana related uses which are not allowed due to preemptive provisions of state law. |
| A no vote was a vote against adopting an ordinance to prohibit the development and operation of marijuana related uses which are not allowed due to preemptive provisions of state law. |
This measure was put on the ballot by a successful veto referendum petition.
Election results
| Measure E | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 7,562 | 72.94% | ||
| No | 2,805 | 27.06% | ||
- Election results from San Bernardino County Elections
Text of measure
Ballot question
The following question appeared on the ballot:[1]
| “ |
An ordinance repealing Chapter 9.48 of the City of Upland Municipal Code and replacing it with a new Chapter 9.48 prohibiting marijuana-related uses and activities in the city. Shall the voters of the City of Upland adopt an ordinance prohibiting marijuana-related uses and activities in the city?[2] |
” |
Impartial analysis
The following impartial analysis of the measure was prepared by the office of the Upland City Attorney:
| “ |
Measure E requests that Upland voters consider whether to adopt Ordinance No. 1910, a legislative act which prohibits the development and operation of marijuana (cannabis) related uses within the City of Upland which are not allowed due to specific preemptive provisions of state law. Such a local prohibition against the conduct of marijuana uses is provided by state law which preserves the City of Upland's local land use controls concerning the activities in question. Ordinance No. 1910 replaces less specific Upland Municipal Code provisions dealing with marijuana uses with a new Upland Municipal Code Chapter 9.48. The ordinance is premised on a basic finding that the prohibition of delineated marijuana-related uses and activities will promote the health, safety and general welfare of the residents and businesses of Upland and visitors to Upland. Ordinance 1910 was passed by the Upland City Council on September 26, 2016 and now is presented to the electorate for its decision based on a qualified referendum petition. The marijuana-related uses and activities which would be prohibited by Ordinance 1910 from occurring anywhere in the City of Upland include dispensing, cultivating, manufacturing, processing, storing, labeling, relabeling, packaging, repackaging, delivering, distributing or selling marijuana or marijuana-related products such as edibles in Upland. Particularly, Ordinance No. 1910 specifies that the following activities are prohibited in the City of Upland: 1. There is a prohibition against the cultivation of marijuana which includes a prohibition against germinating, planting, growing, harvesting, drying, curing, grading or trimming marijuana (cannabis). There is one exception to this cultivation prohibition specified in a preemptive provision of state law. That exception allows six (6) plants to be cultivated in a residence located in Upland. 2. There is a prohibition against the delivery of purchased marijuana or marijuanarelated products to any location within the City of Upland. 3. There is a prohibition against the sale or dispensing of marijuana or marijuanarelated products anywhere in the City of Upland except as specifically allowed under state law pursuant to the Compassionate Care Act. This will prohibit any marijuana retail outlet open to the general public from operating at any location in the City of Upland. Any marijuana activity made illegal and prohibited if this measure is approved by the electorate of the City of Upland will constitute a violation of the Upland Municipal Code subject to appropriate criminal sanctions. In addition, any such illegal and prohibited activity is declared by Ordinance No. 1910 to be a public nuisance which may be abated in a civil proceeding through the issuance by the Court of a Temporary Restraining Order or a Preliminary or Permanent Injunction.[2] |
” |
| —Upland City Attorney[1] | ||
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:[1]
- Janice Elliott, council member, city of Upland
- Sid Robinson, council member, city of Upland
Organizations
Arguments in favor
Official argument
The following official argument was submitted in favor of the measure:[1]
| “ |
The purpose of City of Upland Ordinance No. 1910 is to clarify the language in Upland's municipal code to expressly prohibit all illegal commercial marijuana-related uses and activities in the City. Prior to the passage of Ordinance No. 1910, the Upland Municipal Code contained language that was less precise and less inclusive than the language in Ordinance No. 1910. The prior municipal code ordinance also does not include all possible commercial marijuana-related uses and activities, leaving the law unclear. Ordinance No. 1910 is needed to clarify and maintain legal control over marijuanarelated uses and activities in Upland. It closes legal loopholes and gives the City the ability to enforce local laws that provide residents and businesses with comprehensive protection from prohibited marijuana-related activities. With this ordinance, the City will be able to enforce and prosecute all persons unlawfully establishing commercial businesses that involve marijuana or any of its products. It is a balanced and common sense approach to banning illegal marijuana businesses and sales in Upland. Ordinance No. 1910 protects Upland by prohibiting the cultivation, possession, manufacturing, processing, storing, warehousing, testing, packaging, transporting, distribution and sale of marijuana beyond what is allowed under California state law. It further provides significant flexibility for law enforcement to control current and future marijuana activities, and to further evaluate the impacts and consequences of California's new Adult Use of Marijuana Act. This ordinance does not prevent the personal recreational use, indoor cultivation or use of marijuana by qualified medical patients pursuant to current California state law. Upland has spent millions of dollars to enforce its vague ordinances against marijuana businesses and activities. This ordinance will make these enforcement actions less costly. Please vote "yes" on Measure E to prohibit illegal marijuana-related businesses in Upland and to reduce our City's overwhelming legal expenses. [2] |
” |
Opposition
Opponents
- San Bernardino County Democratic Party[4]
Arguments against
No official arguments were submitted for inclusion in the voter guide in opposition to Measure E. Please send any information about opposition to Measure E to editor@ballotpedia.org.
Background
The ordinance banning marijuana in Upland was originally passed by the city council in September 2016 in anticipation of voter approval of Proposition 64 on the November 2016 ballot, which legalized recreational marijuana in the state of California. Although Proposition 64 passed statewide, voters in Upland rejected the measure. In the same November 2016 election, Upland voters also rejected a measure that would have lifted the city's ban on medical marijuana operations and allowed three medical marijuana businesses in the city.[5]
Media editorials
Support
Ballotpedia has not found any media editorials in favor of Measure E. Please send any information about media editorials in favor of Measure E to editor@ballotpedia.org.
Opposition
- The Daily Bulletin said the following:[6]
| “ | We don’t endorse the use of marijuana for anyone without a medical need. We don’t think it’s good for most adults, and it’s bad for the developing brains of children and teens. But its use by adults should be a personal choice.
We have seen that prohibition does not work, that many people will get their hands on it one way or another, and that it’s better for the way they get it to be legal and regulated. And, preferably, taxed. The Daily Bulletin recommends that Uplanders vote no on Measure E on June 6.[2] |
” |
Path to the ballot
This measure was put on the ballot by a successful veto referendum petition.
The Upland City Council originally passed an ordinance banning marijuana on September 12, 2016. The ordinance was set to go into effect 30 days later, after a period allowing for the opportunity for citizens to call for a referendum. In October, the city of Upland received 4,700 signatures calling to overturn the ban. The petition stopped the implementation of the ordinance and sent it to the city council to either overturn the ban or send the matter to voters. In January 2017, the city council voted to send the ordinance to the ballot for voters to decide in a special election.[7][5][8]
Recent news
The link below is to the most recent stories in a Google news search for the terms Upland Local marijuana Measure E. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
External links
Support
Footnotes
- ↑ 1.0 1.1 1.2 1.3 San Bernardino County Elections , "Voter Information Guide and Sample Ballot," accessed May 15, 2017
- ↑ 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 Upland Coalition of Concerned Citizens, "Special Election," accessed June 1, 2017
- ↑ San Bernardino County Democratic Party, "Special Endorsements of 2017," accessed June 5, 2017
- ↑ 5.0 5.1 The Daily Bulletin, "Why marijuana will be back on the ballot in Upland — again," January 24, 2017
- ↑ The Daily Bulletin, "Marijuana ‘superban’ goes too far; no on Measure E in Upland: Endorsement," May 21, 2017
- ↑ The Daily Bulletin, "Upland finally approves total ban on marijuana," September 13, 2016
- ↑ The Daily Bulletin, "Special Election: What Measure E would mean for Upland," May 27, 2017
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