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Smart Voter
San Diego County, CA November 6, 2012 Election
Proposition T
Marijuana Dispensary Authorization Ordinance
City of Lemon Grove

Majority Approval Required

Fail: 3,375 / 39.7% Yes votes ...... 5,136 / 60.3% No votes

See Also: Index of all Propositions

Information shown below: Impartial Analysis |

Shall the Lemon Grove Marijuana Dispensary Authorization Ordinance be adopted?

Impartial Analysis from City Attorney
This Marijuana Dispensary Ordinance establishes procedures for the regulation of Marijuana Dispensaries in Lemon Grove under the State Compassionate Use Act, approved by California voters in 1996, and the Medical Marijuana Program Act, approved by the Legislature in 2003. It was submitted for placement on the ballot after receiving sufficient signatures from Lemon Grove registered voters to require placement on the ballot.

Marijuana Dispensaries are to be made up of groups of qualified patients and their primary caregivers to cultivate, exchange and distribute medical cannabis to qualified patients and their primary caregivers.

Dispensaries that operate under this Ordinance shall be required to meet certain operational standards. The facility shall have security guards, surveillance cameras, an alarm system, and appropriate lighting in and around the facility. Hours of operation are limited daily from 8:00 A.M. to 10:00 P.M. No marijuana shall be visible from outside of the premises. No marijuana or alcohol may be consumed on the premises.

The City must either grant or deny a Permit within 15 days of receipt of a completed application. There are no provisions in the Marijuana Dispensary Ordinance for public hearings in front of the Planning Commission or City Council. All approvals are granted by City staff. There are no provisions for conducting any review regarding environmental impacts of a dispensary on its surrounding neighborhood. This Ordinance does not follow the normal public hearing process for Lemon Grove land use approvals.

The location of Marijuana Dispensaries shall be in non-residential zones. No dispensary shall be initially located within 600 feet of a school or playground or within 1000 feet of another dispensary. No Permit shall be issued to a Dispensary that has a director who has been convicted of a serious felony within the last seven years. The City may charge fees to recover its permit processing costs.

The Marijuana Dispensary Ordinance calls for a 2 % or 1% sales tax on the sale of medical marijuana. However, this sales tax provision is inconsistent with state law and cannot be implemented. If the Dispensary is subject to sales tax under general California law, it will be charged in the same manner as a regular state sales tax and the City of Lemon Grove would receive its 1% portion of the sales tax paid. The local sales tax would be deposited in the City's General Fund for general City use.

If a court invalidates any portion of this law, the remainder shall stay in effect. If approved, this Ordinance shall only be amended by a vote of the Citizens of Lemon Grove at a future election. The City Council will not be able to amend or modify the provisions of this measure even if a state or federal court declares the same or similar law invalid in another jurisdiction.

The above statement is an impartial analysis of Proposition T. If you desire a copy of the ordinance or measure, please call the elections official's office at (619) 825-3800 and a copy will be mailed at no cost to you.

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Created: January 14, 2013 17:14 PST
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