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Medical Marijuana Cultivation Tax
City of Desert Hot Springs
Majority Approval Required
Pass: 2,102 / 67.76% Yes votes ...... 1,000 / 32.24% No votes
Index of all Measures
|Results as of November 21 7:51am, 100.00%% of Precincts Reporting (10/10)|
|Information shown below: Impartial Analysis | Arguments ||
Shall an ordinance implementing an annual tax of twenty-five dollars ($25.00) per square foot for the first 3,000 square feet and then 10 dollars ($10.00) per square foot for the remaining space utilized in connection with the cultivation of marijuana for medical or casual/recreational use, for the purpose of raising revenue to fund general municipal services, be adopted?
This measure proposes to impose a tax on the cultivation of marijuana for medical use and for casual/recreational use in the event such use is legalized or decriminalized in California. It will be an annual tax of $25.00 per square foot for the first 3,000 square feet and then $10.00 per square foot for the remaining space utilized in connection with the cultivation of marijuana for the above uses.
The purpose of this tax is to raise revenue to fund general municipal services.
The tax will not be charged to any patient or consumer. Payment of the tax shall solely be the responsibility of the person or entity authorized to legally cultivate marijuana within the City.
"Space utilized in connection with the cultivation of marijuana" means any space or ground, floor or other surface area which is used during the marijuana germination, seedling, vegetative, pre-flowering, flowering and harvesting phases, including any space used for growing, planting, seeding, germinating, lighting, warming, cooling, aerating, fertilizing, watering, irrigating, topping, pinching, cropping, curing or drying marijuana or any space used for storing related products, supplies or equipment, no matter where such storage may take place or be located.
The tax will be adjusted annually beginning on July 1, 2015, and July 1 of each succeeding year based on the Consumer Price Index. No adjustment shall decrease the tax, unless approved by the City Council.
The tax must be remitted to the City biennially, on or before December 31 and June 30 every year.
The City Council may repeal the tax, but it may not increase the amount of the tax or broaden the scope of the tax, without voter approval. Failure to pay the tax within 30 days after the due date will be subject to a 25% penalty. Additional penalties of 10% will be added on the first day of each calendar month thereafter if the tax remains unpaid -- up to a maximum of 100%.
Nonpayment of the tax shall also constitute a public nuisance and infraction.
The City will be authorized to examine all necessary records to ascertain the amount of any tax due during normal business hours, and such records must be maintained for at least seven (7) years.
Payment of the tax shall not be construed as authorizing operation of any illegal business or of a legal business in an illegal manner, nor does payment of the tax imply or authorize that any activity connected with the cultivation, possession or provision of marijuana is legal unless otherwise authorized and allowed by the State of California and permitted by the City.
This tax will take effect commencing upon the effective date of a City ordinance permitting the cultivation and distribution of marijuana for medical and/or recreational use within the City of Desert Hot Springs.
By: Steven B. Quintanilla City Attorney
The above statement is an impartial analysis of Measure "HH". If you desire a copy of the measure, please call the Desert Hot Springs City Clerk's office at (760) 329-6411 and a copy will be mailed at no cost to you.
|Arguments For Measure HH||Arguments Against Measure HH|
|Measure "HH" is an annual tax of $25.00 per square foot for the first 3,000 square feet and then $10.00 per square foot thereafter for the cultivation of marijuana for medical use and casual/recreational use.
The tax will help fund basic City services such as street sweeping; public parks and building maintenance; public safety; youth, adult and senior programs; and public infrastructure.
Earlier this year, the City Council took drastic efforts to keep the City financially solvent and provide basic City services, at the expense of causing financial distress to many community non-profit organizations which have traditionally provided valuable services to our seniors, children, business owners, veterans and residents.
Even after the City Council reduced staff positions by more than 70%; reduced employee salaries by 22% to 35%; reduced employee benefits and holidays; cut several consulting contracts and reduced others by 20% - 30%; and, reduced support of local non-profits that provide services to our residents, the City still had to cut an additional $1,600,000.00 in Fiscal Year 2013-14. These cuts were necessary to maintain a minimal "bare bones" budget to continue City operations through the current fiscal year or risk fiscal insolvency. The City's need for additional revenue is immediate and will become ever more pressing during this fiscal year and next fiscal year.
Your "YES" vote will show your support for protecting the interests, values, quality of life, and health & wellness of the residents of the City of Desert Hot Springs.
By: Adam Sanchez, Mayor J
How will someone prove they paid tax on a particular leaf .... leaf prints? Disabled marijuana smokers can never be the source of much revenue. Since they didn't cause the problem, taxing them won't fix it (obvious).
President Obama and U.S. Attorney General Eric Holder said Federal Prosecution against medical marijuana patients would ensue if state/ local laws were violated.
Creates a maze of crushing restrictions. A single violation means the U.S. Justice Department may prosecute. Want to ruin more DHS lives?
Criminals won't pay, only good law abiding people. Targets people who, by definition, may not be able to do some things, disabilities of every kind. Exposing them to the full criminal punishment of the law, regardless of intent. People stuck in bed can't just send their payment. The City won't honor the postmark on an envelope they actually receive in the mail. (Nutty, wasteful and cruel.)
Don't get between doctor and patient. Never tax medical items.
Revives "The War on Drugs" - Aimless, ever expanding enforcement and costs; gang profits, violence, instability in Central America, etc.
Many won't know about the numerous requirements (do you?) until the City of Desert Hot Springs swoops down on them. Medical patients deserve a gentle helping hand, not an angry, hurtful, fist. Enforcement authorities demanding, "Where are your papers".
People suffering in continuous excruciating pain, little time left to enjoy, will pay.
By: Robert M. Bentley
Triple Taxation - 120% + Sales Tax + This Tax
Who is subject to this law? What are its provisions? We don't know. We're giving them carte blanche to enact anything they wish. Section 3.33.070 "The City Manager, or designee, and/or the City Council by ordinance, may promulgate regulations to implement and administer the provisions of this chapter."
Section 3.33.080 "PENALTIES... Postmarks will not be accepted as adequate proof of timely payment." Why not?
This tax is not voluntary. It requires sweeping surveillance of everyone. The costs will far outweigh any revenues. It requires intrusive inspections of all structures at any time without a warrant. Warrants are only needed if going to court. There is no recourse with this... none. It implies the use of drones, and advanced imaging technologies. It requires a new database of information on every person, unavailable to the public.
How do they know you're subject to the provisions until after they have inspected your premises, "books" and personal papers? It actually specifies books! Section 3.33.100 "Whenever it is necessary to examine any books or records, including tax returns, of any entity subject to the provisions this chapter... the City shall have the power and authority to examine such necessary books and records..." Section 3.33.090 says a violation is a "public nuisance". Subject to a $1,000 a day fine and possible forfeiture of the property.
They snuck in a "poison pill", unlimited spending. Section 3. "APPROPRIATIONS LIMIT ...the appropriations limit for the City of Desert Hot Springs is increased to the maximum extent over the maximum period of time allowed under law..."
Criminals, who pay no taxes will profit and prosper.
Grandma can choose for herself. The veteran has earned it. They're adults.
By: Robert M. Bentley
The City will have the authority to conduct audits to examine bookkeeping records of persons or businesses engaged in marijuana businesses.
Earlier this year, the City Council took drastic efforts to keep basic City services at the expense of causing financial distress to many community non-profit organizations which have traditionally provided valuable services to our seniors, children, business owners, veterans and residents.
The City Council reduced staff positions by more than 70%; reduced employee salaries by 22% to 35%; reduced employee benefits and holidays; cut several consulting contracts and reduced others by 20% - 30%; and, reduced support of local non-profits that provide services to our residents.
The City's need for additional revenue is immediate and will become ever more pressing during this fiscal year and next fiscal year.
Your YES vote will show your support for protecting the interests, values, quality of life, and health & wellness of the residents of the City of Desert Hot Springs. We ask for your support by voting YES on Measure "HH".
To read official Measure "HH" documents, visit http://www.cityofdhs.org .
By: Adam Sanchez