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Medical Marijuana Tax
City of Desert Hot Springs
Majority Approval Required
Pass: 2,242 / 72.23% Yes votes ...... 862 / 27.77% 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 a monthly ten percent (10%) tax on the proceeds from the sale/provision 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 any person or entity legally selling or providing marijuana for medical use and casual/recreational use if such use is legalized or decriminalized in California. It will be a monthly tax of 10% of the proceeds from such sales or provision.
The purpose of this tax is to raise revenue to fund general municipal services.
The tax will not be charged to any patient, caregiver or consumer. Payment of the tax shall solely be the responsibility of the person or entity selling or providing the marijuana.
"Proceeds" means gross receipts of any kind, including without limitation, membership dues; the value of in-kind contributions, exchanges, bartered goods or services; the value of volunteer work; reimbursements provided by members regardless of form; cash payments; and anything else of value obtained by any person or entity for legally selling or providing marijuana.
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 penalty of 25% of the total due. 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. Council after declaring a Fiscal Emergency.
By: Steven B. Quintanilla
The above statement is an impartial analysis of Measure "II". 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 II||Arguments Against Measure II|
|Measure "II" is a monthly 10% tax on the proceeds of any person or entity legally selling or providing marijuana for medical use and casual/ recreational use if such use is legalized or decriminalized in California.
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
These suffering people pay the tax...
CALIFORNIA HEALTH AND SAFETY CODE SECTION 11362.7(h) "Serious medical condition" means all of the following medical conditions:
Targets them for scrutiny and enforcement.
It's not Marijuana vs. Alcohol. It is Medical Marijuana vs. Prescription Narcotics (both authorized in writing by a doctor after an examination). Prescription narcotics are highly addictive, cause numerous deaths, by law must contain ingredients that cause liver damage (Acetaminophen), and make you feel "dopey". Let the cancer patient decide.
Zero Marijuana Taxes - Business Advantage - Attract Opportunities & Customers - Create new jobs. Fits perfectly with health and wellness. Position DHS for future business opportunities, bringing clean, green, sustainable profits.
By: Robert M. Bentley Former Police Commissioner
Outrageous 120% Tax a Year - Extreme Hardship Imposed on Only Medical Patients. Deception - Only taxes medical patients, mentioning casual/recreational is just a trick.
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 3.34.050 "The City Manager, or designee, and/or the City Council by ordinance, may promulgate regulations to implement and administer the provisions of this chapter."
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 3.34.080 "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 3.37.090 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 "II".
To read official Measure "II" documents, visit http://www.cityofdhs.org.
By: Adam Sanchez