presents
Voter’s Edge California
Conozca la información antes de votar.
Presentado por
MapLight
League of Women Voters of California Education Fund
November 6, 2018 — Elección General de California
Local

City of Bakersfield
Measure O - Majority Approval Required

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Resultados electorales

No se aprueba

43,383 votos si (47.65%)

47,656 votos no (52.35%)

100% de distritos activos (262/262).

Shall the measure amending the Bakersfield Municipal Code to allow medical marijuana store front dispensaries, cultivation sites, manufacturers, distributors, and delivery operations with a valid permit, and which will impose a 7.5% excise tax that will last until terminated by voters, [based on current information, fiscal impact is unknown,] be adopted?

¿Qué es esta propuesta?

Información básica sobre la iniciativa de ley — Información oficial sobre esta iniciativa

Análisis del analista legislativo / Proposal

Kern County Registrar of Voters

The City of Bakersfield (City) currently bans medical marijuana dispensaries and commercial cannabis activities. If approved bya majorityof voters, Measure O will incorporate the applicable State laws regulating medical cannabis and rescind only the portion of City’s current Municipal Code banning medical marijuana dispensaries.

Measure O was placed on the ballot by a petition signed by the requisite number of voters.

Measure O would create a permitting process for medical cannabis storefront dis­pensaries, cultivation sites, manufacturers, distributors, and delivery operations within City limits. Applicants must pay a nonrefundable fee not to exceed the cost of processing the application. Permits would only be denied by City for specified reasons, including but not limited to the applicant’s age (must be 18 years old or older), non-payment of fees, or non-compliance with the ordinance.

Measure O provides that permits to operate medical cannabis businesses would be automatically granted if City fails to deny a permit in writing within 15 days of submittal of an application. Measure O does not provide any provisions for revo­cation or suspension of City permits.

Measure O would prohibit medical cannabis dispensaries from opening within 1000 feet from schools, maintain 1000 feet from one another, and have business hours from 8:00 am to 10:00pm. The distance requirement between medical can­nabis dispensaries would be established by considering the initial operating date of the first medical cannabis dispensary permitted and from thereon, permits would be issued accordingly.

Under Measure O, medical cannabis dispensaries are proposed to be allowed by right in all Commercial, Light Manufacturing, and General Manufacturing zones. Medical cannabis cultivation sites, manufacturers, distributors, and microbusinesses are proposed to be allowed by right in Light Manufacturing, Gen­eral Manufacturing, and Agricultural zones. Cultivation/Nursery sites for medical cannabis are proposed to be allowed by right in the Regional Commercial zone.

Although Measure O specifically addresses regulating medical cannabis, it allows a tax of 7.5% on the gross income of any “commercial cannabis” business permit­ted, which would be applied as an excise tax.

A “yes” vote is a vote in favor of Measure O to allow medical cannabis storefront dispensaries, cultivation sites, manufacturers, distributors, and delivery opera­tions to operate in the City of Bakersfield.

A “no” vote is a vote against Measure O and would maintain the ban on medical marijuana dispensaries in the City of Bakersfield.

The above statement is an impartial analysis of the Measure. If you desire a copy of the Measure, please call the election official’s office at (661) 326-3767 and a copy will be mailed at no cost to you.

Published Arguments — Arguments for and against the ballot measure

Argumento A FAVOR

HERE IS WHAT MEASURE O WILL DO.

Measure O will replace the City of Bakersfield’s current ban on medical can-
nabis businesses with the State of California’s enforcement laws, rules and regu-
lations.

HERE IS WHAT MEASURE O WILL NOT DO.

Measure O does not change Bakersfield’s ban on recreational cannabis.

WHY MEASURE O IS NECESSARY.

Measure O will keep medical cannabis businesses’ away from schools, daycare centers and youth centers by distance rules.

Measure O will keep medical cannabis businesses out of residential neighborhoods by requiring them to be located in commercial and industrial zoned locations. Using cannabis at a cannabis business would be prohibited.

Measure O is necessary to break city politicians’ control over our personal health care choices. Citizens such as veterans, cancer patients, epileptic, autistic and other qualified patients must have the right to make their own personal health care choices. Heath care choices are between a doctor and patient, not local politi­cians’ personal prejudices.

Our patients’ access to safe and affordable tested medical cannabis is pro­tected by State regulation. The City’s ban is allowing organized crime and gang drug sales rather than preventing them. State controlled access to legal medical cannabis hurts organized crime and helps protect our community.

Measure O will bring the City, new tax revenue by a 7.5% tax on medical cannabis sales. This new income goes directly to the City of Bakersfield to be used to prevent cuts/improve 911 emergency response, police and fire protection, anti-gang/drug units, neighborhood police patrols; rapid response to assaults, robberies, gang violence, home burglaries; crime prevention; address homeless­ness; retain and attract new jobs, rental income and support business.

The City of Bakersfield is broke and asking its citizens to pay an additional $50 Million dollars in sales tax. Let state regulated and controlled cannabis busi­nesses pay for it.

s/Jeff G. Jarvis, Proponent 
s/Heather L. Epps, Proponent 
s/Elizabeth C. Terry, The Compassion Project

— Kern County Registrar of Voters

Argumento EN CONTRA

This medicinal marijuana initiative is wrong for Bakersfield. It fails to regard the safety of our neighborhoods, children and places of worship. The initiative makes no guarantee regarding the amount generated through tax revenue and how the revenue will be spent toward enforcement and prevention. While the need of med­ical marijuana users is important their need shouldn’t out weigh the needs of our neighborhoods.

Under this initiative The City of Bakersfield could potentially have a medicinal marijuana dispensary on every othercity block going through and around all of our neighborhoods. Illegal activity at these shops have been well documented in our local media and include murders, kidnappings, illegal weapons, prostitution, the sale of illicit drugs and other crimes. This initiative provides no safe guards for our community. This ill-conceived ordinance will allow marijuana shops to be immedi­ately adjacent to large daycares and home daycares placing ourchildren in the di­rect line of fire forshops that have alreadyproven to be rife with criminal activity.

Our houses of worship are sacred places where families and individuals dealing with addiction go to heal and this ordinance will allow marijuana shops to be di­rectly adjacent to our houses of worship. This ordinance will directly and irrevoca­bly harm Bakersfield.

The ordinance has failed to project anytax revenue and it has failed to implement safe guards to insure the City of Bakersfield receives its fair share of tax revenue from an all cash transaction. It leaves the self-reporting of taxes to the very same shops that have proven to be hot beds of criminal activity. Not one word is used to explain enforcement or prevention measures that would be undertaken with its passage.

Medicinal marijuana maybe needed for some patients, but this ill-conceived ini­tiative is not the answer for Bakersfield.

s/David Brust, B-RAPS
s/Jacquie Sullivan

— Kern County Registrar of Voters

Refutación al argumento A FAVOR

Proponents claim the measure“ ... will keep medical cannabis business out of res­idential neighborhoods,” when in fact they will be located within yards of single family homes and multi-family dwellings throughout Bakersfield. The very same shops have been the site of armed robberies, kidnappings, murders, drug deals and more. These shop’s armed guards have been involved in shootoutsto protect the shops with little regard for their neighbors. Proponents claim the City will re­ceive more tax revenue, however they have failed to provide estimates on reve­nue and the cost of added enforcement. The measure even fails to provide funds for education, addiction prevention and treatment. The State of California intends on enforcing the new law, but has no plans to open an office in Kern County leav­ing Bakersfield taxpayers to burden the cost of enforcement. Bakersfield is a com­passionate City and our compassion is taking a back seat to greedy shop owners preying on ourcompassion. Medicinal marijuana maybe necessaryfor a small mi­nority of our neighbors and they will have access to their medicine regardless of this measure. Proponents say it will get rid of drug dealers when we can look to our neighbors in LA that have legalized medical marijuana and are still forced to close down hundreds of illegal shops annually. Why should we pay the costs? This measure will make our children, family and neighborhoods less safe. VOTE NO on the medicinal cannabis measure.

s/David Brust, Bakersfield Residents Against Pot Shops
s/Jacquie Sullivan, City Council

— Kern County Registrar of Voters

Refutación al argumento EN CONTRA

The argument against regulating medical cannabis FALSELY STATES the following:

“Fails to protect the safety of our neighborhoods.” The City of Bakersfield will be required follow the State of California B&P 26054 “Businesses shall NOT be lo­cated within 1000 foot radius of a school providing instruction in Kindergarten or any grades 1 through 12, Day Care centers or Youth centers that are in exis­tence at the time the license is issued.”

State of California B&P Code 26011.5 “The Protection of the public shall be the highest priority for all licensing authorities in exercising licenses, regulation, and functions under this division. Whenever the protection of the public is incon­sistent with the other interest sought to be promoted, the protection of the public shall be paramount”.

The City of Bakersfield DOES have AUTHORITY to Approve or Deny a permit required by the State of California.

The 7.5% tax revenue goes directly to the City of Bakersfield General Fund. The SAME General fund the City of Bakersfield is asking YOU to pay an increased sales tax of 1%.

What Measure O does:

REQUIRES THE CITY OF BAKERSFIELD TO FOLLOW STATE OF CALIFOR­NIA LAW

Measure O does NOT allow for recreational marijuana.

Measure O Regulates medical cannabis by providing safe access for our veter­ans, cancer patients, seniors, epileptic and other affected citizens. It protects our neighborhoods with zoning regulations and will reduce crime, illegal drug cartels, and gangs in our community.

Your medical decisions should NOT be decided by politicians pushing their personal opinions or agendas.

AYES vote will protect your medical rights and the safety of our neighbor­hoods.

s/Jeff Jarvis 
s/Heather Epps, Kern Citizens Patient Rights
s/Elizabeth Terry, The Compassion Project

— Kern County Registrar of Voters
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