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November 6, 2018 — California General Election
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— Cannabis Businesses Tax —

Local
November 6, 2018 —California General Election

City of La Mesa
Measure V - Majority Approval Required

To learn more about measures, follow the links for each tab in this section. For most screenreaders, you can hit Return or Enter to enter a tab and read the content within.

Election Results

Passed

15,862 votes yes (73.3%)

5,789 votes no (26.7%)

  • 100% of precincts reporting (33/33).
  • 24,284 ballots counted.

To fund general municipal expenses including police and fire, roads, and recreation; shall the City tax cannabis businesses at annual rates not to exceed $10.00 per canopy square foot for cultivation and 6% of gross receipts for all other businesses, generating an estimated $1,500,000 to $2,000,000 annually; authorize the City Council to implement this tax by resolution or ordinance; and levy this tax until repealed by the voters or the City Council?

Impartial analysis / Proposal

City Attorney Impartial Analysis of Measure V 

On July 10, 2018, the City Council of the City of La Mesa (“Council”) unanimously approved submission of an ordinance for voter approval to establish a Cannabis Business Tax (“Tax”). The Tax would apply to all commercial cannabis (marijuana) businesses that operate in La Mesa.

If passed, Measure V would authorize the Council to implement the Tax by resolution or amendment of the La Mesa Municipal Code for the purpose of imposing a business tax on all commercial cannabis businesses. Monies from the Tax would be deposited into the City’s General Fund to be used for general governmental purposes, including police and fire protection, road repairs, neighborhood parks, and other community services; as well as, shutting down illegal cannabis dispensaries and regulating legal medical cannabis businesses authorized by La Mesa voters in 2016. The Tax is estimated to generate $1,500,000 to $2,000,000 annually for the City of La Mesa.

The amount of the Tax would depend on the type of business operations; for example, $1 to $10 per square foot of canopy space for commercial cannabis cultivation (nursery) and up to 6% of gross receipts for all other cannabis businesses. The Tax would be imposed only on commercial cannabis businesses, and is not a sales tax imposed on qualified patients, primary caregivers or other persons who purchase or otherwise acquire cannabis for their personal use, including personal cultivation.

Measure V authorizes the Council to annually adjust the rates of the Tax, so long as the adjusted rates do not exceed the maximum rates approved by the voters. The initial rate of the Tax on retail sales to a customer with a valid California Department of Public Health Medical Marijuana Identification Card would be 0%.

Presently, in La Mesa, medical cannabis retailers (dispensaries), cultivators, and manufacturers (production of items such as edibles) are permitted by conditional use permit. However, all other medical cannabis businesses and recreational (adult use) cannabis businesses are prohibited in La Mesa. Any prohibited cannabis businesses legalized by a change in the law would also be subject to the Tax.

Measure V requires approval of a majority of the voters. A “yes” vote for Measure V will establish a Cannabis Business Tax in La Mesa. A “no” vote against Measure V will not establish such a tax. If adopted, the Tax would be levied until repealed by the voters or the Council.

— City of La Mesa

Arguments FOR

ARGUMENT IN FAVOR OF MEASURE V 

Voting YES for Measure V will allow the City of La Mesa to impose a business tax on cannabis (marijuana) businesses in the City. 

Measure V is a proposed tax to be solely paid by cannabis businesses operating in the City. It requires these businesses to pay their fair share of taxes. 

Measure V is fiscally responsible. By establishing this tax on cannabis businesses, the City’s general fund will be protected from new or unexpected costs associated with the cannabis industry. 

This tax on cannabis businesses will generate an estimated $1,500,00 - $2,000,00 in annual revenue to the City of La Mesa to help fund police, fire, roads, recreation, parks, and other essential services for our community. 

The funds generated by this tax will also assist the City in shutting down illegally operating dispensaries in La Mesa. 

Measure V will amend the La Mesa Municipal Code to add a cannabis business tax to a business that sells, cultivates, manufactures or engages in any cannabis business in the City. The tax will be calculated at an annual rate not to exceed $10.00 per canopy square foot for cultivation and 6% gross receipts for all other cannabis businesses. 

La Mesa’s non-partisan city council voted unanimously to put his measure on the ballot.  

Please join us in voting YES on Measure V. 

 

Mayor Mark Arapostathis

City Council Member Bill Baber

La Mesa Police Officers Association President Jose Gaytan

Heartland Firefighters of La Mesa Local 4759 President Dave Hardenburger 

— San Diego County Registrar of Voters

Arguments AGAINST

ARGUMENT AGAINST MEASURE V

No argument against the measure was filed in the office of the City Clerk.

— San Diego County Registrar of Voters

Proposed legislation

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Due to its length, the full text of this measure will not be entered into Voter's Edge by a League of Women Voters volunteer. Voter's Edge will instead point voters to a PDF version of a sample ballot prepared by the San Diego County Registrar of Voters: https://www2.sdcounty.ca.gov/rov/Sample_Ballots/Eng/SB-ENG-521.pdf

To find your own sample ballot version, containing all the candidates and measures on your own ballot, please use the ROV's sample ballot look-up tool at https://www2.sdcounty.ca.gov/rov/Eng/ballot.asp .

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News (1)

La Mesa voters to weigh in on taxing marijuana businesses — October 16, 2018 San Diego Union-Tribune
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