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November 6, 2018 — California General Election
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— City Council Medicinal Cannabis Business Ordinance —

Local
November 6, 2018 —California General Election

City of Vista
Measure BB - 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

Failed

12,430 votes yes (46.4%)

14,346 votes no (53.6%)

  • 100% of precincts reporting (58/58).
  • 29,306 ballots counted.

CITY COUNCIL MEDICINAL CANNABIS BUSINESS ORDINANCE. Shall the City Council measure authorizing only the commercial delivery of medicinal cannabis in the City of Vista by up to three non-storefront (delivery only) retailers; authorizing up to two product safety testing laboratories; limiting these business to industrial-type zones; and authorizing and directing the City Council to establish licensing and operating regulations protecting public safety, health, security, and community welfare; be adopted?

Impartial analysis / Proposal

CITY ATTORNEY’S IMPARTIAL ANALYSIS OF MEASURE BB
CITY COUNCIL MEDICINAL CANNABIS BUSINESS ORDINANCE

It is currently illegal to operate a cannabis (marijuana) business in the City of Vista. This initiative ordinance would repeal that prohibition and allow up to three non-storefront (delivery only) medical marijuana dispensaries and up to two product safety testing laboratories in Vista. 

This initiative would allow the described medicinal marijuana businesses to locate only in Vista’s industrial-type zoning districts. Within those zoning districts, a dispensary could be in any location which is (1) at least 1,000 feet from any: day care center; public or private school providing instruction for kindergarten or any grades 1 through 12; treatment facility; youth center; youth-oriented business; public park; private park; homeless shelter; or skate park; and (b) at least 500 feet from any residential zone. 

The initiative prohibits the advertising and sale of marijuana products attractive to youth, including cartoon likenesses, candy imitations, or products easily confused with commercially available foods. Advertising is also prohibited (a) within 1,000 feet of any: day care center; public or private school providing instruction for kindergarten or any grades 1 through 12; treatment facility; youth center; youth-oriented business; public park; private park; homeless shelter; or skate park; and (b) within 500 feet of any residential zone. 

The initiative requires the City Council to establish all municipal ordinances, resolutions, and all other administrative rules, regulations and standards governing authorized marijuana businesses including, without limitation: issuance of licenses; operating and conduct standards; security standards; recordkeeping and audit requirements; expiration and renewal of licenses; suspension, revocation and termination of licenses; and community relation requirements. 

The initiative enables the City Council to respond to future changes and to adopt future controls governing all uses involving commercial marijuana by granting to the City Council plenary authority to establish, modify, and maintain all municipal ordinances, resolutions, and all other marijuana administrative rules, regulations and standards determined to be necessary to regulate or prohibit the legal or illegal sale of marijuana in the City of Vista. 

A ”yes” vote means you want to allow up to three non-storefront (delivery only) medicinal marijuana dispensaries and up to two product safety testing laboratories in Vista. 

A “no” vote means you do not want to allow up to three non-storefront (delivery only) medicinal marijuana dispensaries and up to two product safety testing laboratories in Vista. 

This initiative was placed on the ballot by the Vista City Council. If approved by the voters it will become effective only if Measure AA (City Council Cannabis Business Tax) is also approved by the voters.

Darold Pieper
City Attorney
City of Vista

The above statement is an impartial analysis of Measure BB. If you desire a copy of the ordinance or measure, please call the elections official’s office at (760) 636-6125 and a copy will be mailed at no cost to you.

— City Attorney, City of Vista

YES vote means

A ”yes” vote means you want to allow up to three non-storefront (delivery only) medicinal marijuana dispensaries and up to two product safety testing laboratories in Vista. 

NO vote means

A “no” vote means you do not want to allow up to three non-storefront (delivery only) medicinal marijuana dispensaries and up to two product safety testing laboratories in Vista. 

Arguments FOR

ARGUMENT IN FAVOR OF MEASURE BB

It is currently illegal to operate a cannabis (marijuana) business in the City of Vista. However, many individuals believe there is a legitimate role for cannabis in the treatment of the effects of cancer and other serious, life-altering illnesses. Some also believe that there is a need for a local source of supply of medicinal cannabis.

This initiative addresses that need and allows up to three non-storefront (delivery only) medicinal marijuana dispensaries and up to two product safety testing laboratories in the industrial-type zoning districts of Vista. It does not permit storefront marijuana stores in our downtown, in areas inhabited by families, or in close proximity to schools, areas where youth congregate, in parks, or near homeless shelters. It stands in marked contrast to Proposition Z which permits all of these things.

Proposition BB gives those citizens who favor some safe and legal local access to medicinal marijuana the opportunity to achieve that goal without having to vote for Proposition Z, the initiative sponsored by the marijuana industry that would make Vista the retail marijuana capital of North County. The City Council voted to place Proposition BB on the ballot and authorized the Mayor to file a written argument in favor of this proposition.

Judy Ritter, Mayor, City of Vista

John J. Aguilera, Deputy Mayor, City of Vista

Amanda Young Rigby, City Councilmember, City of Vista

John B. Franklin, City Councilmember, City of Vista

— San Diego County Registrar of Voters

Arguments AGAINST

ARGUMENT AGAINST MEASURE BB

Vote NO on Measure BB: Marijuana initiatives are not about medicine, they are about money. Elected officials are pressured by marijuana lobbyists to overturn bans on marijuana businesses or face ‘citizens’ initiatives. That’s what happened in Vista, leaving voters to decide on two initiatives that would bring more marijuana to Vista.

NEITHER choice is right for Vista. The promises of Prop 64 (The Adult Use of Marijuana Act adopted in 2016) – such as product safety, a regulated market, and increased tax revenue – have not been kept. Pot lobbyists in Sacramento are trying to lower the tax rate voters approved, product testing finds marijuana products contain pesticides and other contaminants, and there is still no banking system for this ‘industry.’

Prop. 64 explicitly allows local jurisdictions to make their own rules, including prohibiting commercial marijuana activity. Even in Colorado and Washington, where voters approved marijuana legalization in 2012, over half of the jurisdictions continue to prohibit marijuana businesses.

And in January 2018, the residents of Compton, California rejected two local initiatives to allow pot sales with 75% of voters voting NO.

In North County, the cities of Carlsbad, Escondido, Poway, and San Marcos have stated unequivocally that they have no interest in commercial marijuana.

The North Coastal Prevention Coalition supports policies that promote public health and safety, and from what we know so far, marijuana commercialization does neither. It brings more advertising and promotion of marijuana to our communities and youth.

Vista already has a marijuana problem – city officials play “whack-a-mole” as unlicensed pot stores continue to open, close, and change locations. This problem WILL CONTINUE if marijuana businesses are approved.

Vote NO on Measure BB: Send a clear message that Vista does not want to be saddled with the law enforcement and community problems that come with marijuana businesses.

Craig Balben
President, NCPC

Dave Cowles
Retired Supt. VUSD

Deseret Elledge
Vista Resident & RN

Kenneth Strang
Vista Pharmacist

— San Diego County Registrar of Voters

Replies to Arguments FOR

REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE BB

VOTE NO ON MEASURE BB.

Elected officials in Vista were forced to counter Big Marijuana’s push for marijuana storefronts on every corner, so they developed Measure BB.

There is STRONG OPPOSITION to Measure Z – the ‘Citizen’s Initiative’ because it goes too far. It takes regulatory and enforcement authority away from the City, giving a ‘rubber stamp’ for up to 11 marijuana retailers in Vista in any commercial, industrial or mixed-use zone.

Vista City Council, law enforcement, Vista business owners, and local educators OPPOSE MEASURE Z.

But that doesn’t make Measure BB the right choice.

Permitting marijuana businesses in Vista means allowing more advertising and promotion – there is no way to stop “free speech” to promote marijuana.

The City of San Diego, where marijuana businesses are allowed, has marijuana billboards, signtwirlers, tour buses, radio ads, and newspaper ads – reaching people of all ages, not just those over 21.

VOTE NO ON MEASURE BB. While safe and legal local access are nice buzzwords, the fact is that Big Marijuana will find a way to exploit and endanger the lives of our youth, elderly, and disadvantaged communities – just like we see with Big Tobacco and Big Alcohol. MORE youth will begin using marijuana at earlier ages. Marijuana businesses are even known for recommending their products to children and pregnant women!

Vote NO on Measure BB: Now is not the time for marijuana businesses in Vista.

Craig Balben
President, NCPC

Morris B. Vance
Vista Resident and Former Mayor

Dave Cowles
Retired VUSD Superintendent & Vista Resident

Carl Hughes
Vista resident and College Student

— San Diego County Registrar of Voters

Replies to Arguments AGAINST

REBUTTAL TO ARGUMENT AGAINST MEASURE BB

No rebuttal to the argument against Measure BB was filed with 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 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-150.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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Yes on Measure BB
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