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Smart Voter
San Diego County, CA November 6, 2012 Election
Proposition H
Medical Marijuana Ordinance
City of Del Mar

Majority Approval Required

Fail: 1,124 / 44.0% Yes votes ...... 1,430 / 56.0% No votes

See Also: Index of all Propositions

Information shown below: Impartial Analysis |

Shall the ordinance which proposes the regulation of medical marijuana compassionate use dispensaries and alters the City's sales tax laws be adopted?

Impartial Analysis from City Attorney
Currently, the City of Del Mar ("City") does not regulate or tax medical marijuana compassionate use dispensaries, nor does it authorize the operation of dispensaries. The proposed proposition would regulate and tax medical marijuana dispensaries in the City. The proposition would allow dispensaries (as defined in the proposition), to operate in the City according to the regulations and requirements set forth in the proposition.

The regulations for dispensaries would include a number of operational requirements, including, but not limited to, security requirements; adequate lighting; limited hours of operation; storage, packaging and display requirements; consumption prohibitions; and age restrictions. The proposition would limit where dispensaries may operate, generally prohibiting them from operating within a 600-foot radius of accredited kindergarten through twelfth-grade schools or playgrounds or in any land use zone permitting residential uses, and requires them to be spaced at least 1000 feet apart. The City's Planning and Community Development Department would process and issue dispensary permits.

The proposed proposition also imposes a two and one-half (2-1/2%) percent sales tax on every transaction of medical marijuana, which would be reduced to one percent (1%) if a statewide tax is imposed on such transactions. The proposition also states that qualified patients, primary caregivers and certain individuals associated with such dispensaries who comply with the ordinance and applicable state laws may not be arrested or prosecuted by any law enforcement personnel.

A legal question exists as to whether the proposition's taxation provisions, which propose a unique City tax on medical marijuana higher than the uniform sales tax rate imposed by California law, would require the Board of Equalization to cease collecting all sales taxes in Del Mar.

Additionally, legal questions exist as to whether California and/or federal law allow for operation of dispensaries in the manner authorized by the proposition, including: (1) because marijuana is illegal under federal law, whether the City would be in violation of state and/or federal law by issuing dispensary operating permits called for by the proposition; (2) whether City employees who issue permits called for by the proposition might be prosecuted by the federal government for violating federal criminal law; and (3) whether the proposition improperly purports to amend state criminal law by altering the ability of law enforcement to arrest and prosecute individuals for violations of California criminal law.

Finally, a legal question exists as to the accuracy and effect of representations in the proposition and the circulation of the proposition, including representations regarding the residency of the proposition proponent and the current state of the law relating to medical marijuana.

The above statement is an impartial analysis of Proposition H. If you desire a copy of the proposition, please call the City Clerk's Office at 858-755-9313 and a copy will be mailed at no cost to you. You may also access the full text of the proposed proposition on the City website at the following website address:

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Created: January 14, 2013 17:14 PST
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