Butte County Medical Marijuana Initiative, Measure B (November 2014)

See also: Butte County Medical Marijuana Ordinance 4075 Referendum, Measure A (November 2014)

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A Butte County Medical Marijuana Initiative, Measure B ballot question was on the November 4, 2014 election ballot for voters in Butte County, California. It was defeated.

Had it been approved, Measure B would have repealed the county's regulation of medical marijuana cultivation and retail and replaced it with the more lenient regulations and restrictions found in the initiative. The measure was put on the ballot and supported by a group called Butte County Citizens Against Irresponsible Government (BCAIG).

A competing measure, Measure A, was approved. The Measure A referendum was put on the ballot through a signature petition drive backed by the same group, BCAIG. BCAIG activists hoped voters would reject Measure A and approve Measure B.

Supporters of Measure B argued that its restrictions were adequate to protect Butte County residents from drug-related crime or nuisances, while granting more freedom and allowing for enough marijuana cultivation to meet the needs of the community's sick and suffering.

Opponents argued that the initiative was too lenient and was designed by marijuana growers to allow for more marijuana industry profit, not with the benefit of patients in mind. They argued that it would increase drug abuse, drug-related crime and drug-related nuisances.

A "yes" vote would have adopted the citizen-initiated marijuana ordinance. A "no" vote rejected the ordinance.

Election results

Butte County, Measure B
Result		Votes	Percentage
d No		39,888	65.84%
Yes		20,696	34.16%

Election results via: Butte County Clerk and Recorder

Competing measures

See also: Butte County Medical Marijuana Ordinance 4075 Referendum, Measure A (November 2014)

Measure B was a referendum question that would have enacted a citizen-initiated ordinance governing medical marijuana cultivation and retail. Measure A, a competing measure on the same ballot that was approved, was designed to enact a council-approved ordinance. Measure B was less restrictive than Measure A and allowed more plants per acre. Below is an image showing some key differences between Measure A and Measure B:

Text of measure

Ballot question

The question on the ballot:

“

Shall the ordinance entitled "Initiative Measure to Enact Voter Approved County Ordinance on Marijuana Cultivation" be adopted?

”

Impartial analysis

The following impartial analysis was prepared for Measure A:

“	Measure B is proposed by voters in Butte County who signed an initiative petition. The measure is a proposed ordinance which implements restrictions on medical marijuana cultivation in Butte County. The proposed ordinance would: 1. Repeal Chapter 34A of the Butte County Code which regulates the cultivation of medical marijuana; 2. Impose the following cultivation limits by lot size and plant count: _______________ ________________ Lot size (acres) --- Plants permitted 0-0.5 --- Indoor only (detached structure 120 square feet maximum; 0-1.5 --- 6 mature/12 immature plants; 1.5-3.0 --- 18 mature/36 immature plants; 3.0-5.0 --- 24 mature/48 immature plants; 5.0-10.0 --- 48 mature/96 immature plants; 10.0-20.0 --- 66 mature/99 immature plants; 20.0-40.0 --- 72 mature/99 immature plants; and 40.0 plus --- 99 plants maximum; 3. Permit cultivation indoors or outdoors on lots greater than one-half of an acre; 4. Impose the following cultivation setbacks from property lines: _____________ _______________ Lot size (acres) --- Setback (feet) 0-0.5 --- 15; 0.5-1.5 --- 15; 1.5-3.0 --- 20; 3.0-5.0 --- 25; 5.0-10.0 --- 50; 10.0-20.0 --- 75; 20.0-40.0 --- 100; and 40.0 plus --- 100; 5. Require that persons complaining about ordinance violations must (a) provide their name and address and (b) reside within 1,500 feet of the property that is the subject of the complaint with exceptions for schools, churches and similar facilities. The names of complainants shall be kept confidential at any hearing regarding the complaint; 6. Require that growers reside in Butte County for one year prior to cultivating; 7. Require that collective members be Butte County residents or an immediate family member or primary caregiver of a Butte County resident; 8. Require growers have a permitted permanent water well or connection to a municipal water source, not engage in unpermitted drawing of water and not permit illegal discharges of water from the premises; 9. Prohibit cultivation: - within 1,000 feet of a school, park or similar facility; - within 600 feet of a school bus stop; - within 100 feet of an occupied residential structure on an adjacent parcel, with exceptions; - in any location where plants are visible from a public right of way; and in certain designated zones. 10. Require growers to obtain landlord's written consent to cultivate; 11. Require fencing unless the cultivation occurs on five acres or more and is not within public view; 12. Impose civil penalties of $500 per day for the first violation and $1,000 per day for each subsequent violation; and 13. Prohibit the Board of Supervisors from amending the proposed ordinance without voter approval. A "yes" vote is in favor of the proposed ordinance which would repeal Butte County's current regulations regarding the cultivation of medical marijuana and adopt the above provisions. A "no" vote is a vote to reject the proposed ordinance and maintain Butte County's current regulations regarding the cultivation of medical marijuana. This measure must be approved by a majority of the voters to take effect.	”
—Bruce S. Alpert, Butte County Counsel

Support

Note: Supporters of Measure B opposed the competing Measure A

Supporters

BCAIG campaign image

A campaign called Butte County Citizens Against Irresponsible Government (BCAIG) supported Measure B and opposed Measure A.

The California branch of NORML and the Butte County Democratic Party also supported Measure B and opposed Measure A.

The following individuals signed the official arguments in support of Measure B:

• Mark T. Sweany, retired C.A.R.D. Board Member
• Andrew T. Holcombe, attorney, former Chico Mayor
• Denice Lessard, patient
• Anne Murphy, patient
• Philip G. Seuls, patient

Other supporters of Measure B, who opposed Measure A, included:

• Andrew Merkel, a medical marijuana advocate
• Denice Lessard
• Ron Halvorson, a former Assembly of God pastor

Arguments in favor

Denice Lessard, who helped with the petition drive for the veto referendum against Measure A, said that she was "afraid of people taking away my ability to get my medicine."

Ron Halvorson said that, even though the council-approved ordinance, Measure A, did not prohibit marijuana growth, it restricted it to the point of people not being able to provide for the medical marijuana need.

A BCAIG pamphlet about Measure A and Measure B directed at marijuana growers gave the following reasons to approve Measure B:

“

Creates a system for legal compliance. Measure B stabilizes rules for growing. Protects the rights of patients. Measure B protects the Environment from runoff & illegal grading. Puts an end to the yearly tug of war struggle with the Board of Supervisors over Medical Marijuana Cultivation. Frees up resources of the county to control meth labs and illegal cartel grows. Stops the migration of growing into the city limits and residential neighborhoods. Protects you from unreasonable complaints - the proposed measure [Measure A] will allow any person to complain about your medical grow. (quote)

”

Official arguments

The following was submitted as the official argument in favor of Measure B:

“	Measure B simply preserves the status quo, by extending the life of the County ordinance currently in effect. Measure B would continue to allow the cultivation of a reasonable amount of Cannabis on your land. Measure B looks to the future, rather than living in the past. Cannabis is fully legal in Colorado and Washington and is presently on the ballot in Oregon, where it is ahead in the polls. The New York Times recently published an editorial urging Congress to legalize Cannabis. Measure B would allow qualified patients to legally obtain the medication they need, by allowing a sufficient supply of medical cannabis to be grown within the County. Many people with serious illnesses do not smoke Cannabis, they must eat large amounts of medical cannabis or apply cannabis oil to their skin, for example, to treat skin cancer. Cannabis provides undeniable medical benefits to a large number of people. Scientific research has proven Cannabis shrinks cancerous tumors, slows down Alzheimers, reduces pain, slows weight loss associated with AIDS, and reduces the nausea and vomiting associated with chemotherapy. Cannabis is now also now being successfully used to treat other serious illnesses such as epilepsy and Multiple Sclerosis. Many people with serious illnesses cannot tolerate prescription drug side effects. Measure B would allow selective plant breeding for development of specialized strains to continue. The Government is not conducting this research. Neither are drug companies. It is being left to private individuals. The federal War Against Marijuana continues to create crime and criminals, by attempting to make Cannabis scarce. Measure B would do the opposite, by allowing a reasonable amount of Cannabis to be grown. Medical Cannabis provides a significant benefit to Butte County's economy. Measure B will preserve that benefit and preserve your property rights. Vote Yes on Measure B.	”
—Mark Sweany, Andrew T. Holcombe, Denice Lessard, Anne Murphy and Philip G. Seuls

Opposition

Note: Supporters of the referendum on the competing council-approved ordinance, Measure A, opposed Measure B.

Opponents

BCFACT logo

An official YES on A - NO on B campaign was started by Measure B opponents.

An organization called Butte County Families Against Cannabis Trafficking (BCFACT) also opposed Measure B and supported Measure A.

A group called Protect Butte County also campaigned in opposition to Measure B.

The following individuals signed the official arguments in opposition to Measure B:

• Michael L. Ramsey, Butte County District Attorney
• Kory L. Honea, Butte County Sheriff
• David Daley, college educator and rancher
• Jerry W. Smith, retired Butte County Sheriff
• Irv Leen, president of the Butte County Farm Bureau

Arguments against

Yes on A - No on B campaign logo

Opponents of Measure B argued that the council-approved Measure A had reasonable restrictions on the marijuana industry to guarantee community harmony and safety and allowed patients reasonable access to the drug. They alleged that proponents of this competing initiative, Measure B, were more concerned with allowing large-scale grows and large-scale profits than about the safety of the community and the well-being of the sick.

Official arguments

The following was submitted as the official argument in opposition to Measure B:

“	Law Enforcement, Educators, Farmers, and Community leaders urge you to Vote NO on Measure B. Measure B was written by marijuana growers to benefit marijuana growers. It would be harmful to our safety, our economy and our quality of life. Here's why: JEOPARDIZES OUR SAFETY: Measure B would repeal county ordinances that protect the people of Butte County from the abuses of aggressive commercial marijuana growers. It would put the safety of local citizens at greater risk from intimidation and violence. INCREASES CRIME: Drugs are a major cause of burglaries and home invasions. By allowing marijuana grows in residential communities, Measure B will result in more crime in our neighborhoods and greater exposure to drugs for our young children. HARMFUL DRUG CULTURE: Measure B would eliminate all local controls over the cultivation of marijuana. It would result in a massive expansion of commercial marijuana activities--attracting large numbers of drug dealers and street gangs to Butte County and bringing urban crime to our rural communities. ENVIRONMENTAL DAMAGE: Growing marijuana is water intensive. Expanding its commercial cultivation will reduce the available water for everyone else. Chemicals used in marijuana grows can poison our water sources. Measure B would also subject local residents to the constant stench of skunk-like odors produced by outdoor marijuana cultivation. Your NO vote on Measure B will NOT affect the ability of local patients to obtain needed medical marijuana. Measure B is a profiteering scheme that would attract hundreds of out-of-area marijuana growers who don't live here and don't care about the damage they cause to Butte County's rural economy and small town quality of life. Measure B is BAD for Butte County. Regardless of your position on the issue of marijuana legalization, please join us in VOTING NO on Measure B. NO on Measure B	”
—Michael L. Ramsey, Kory L. Honea, David Daley, Jerry W. Smith and Irv Leen

Path to the ballot

See also: Laws governing local ballot measures in California

Measure B was put on the ballot by a group called Butte County Citizens Against Irresponsible Government (BCAIG) through a successful initiative petition drive.

BCAIG activists raised about $65,000 to put both Measure A and Measure B on the ballot.

Similar measures

Recreational

a Washington D.C. Marijuana Legalization, Initiative 71 (November 2014)

Colorado:

• Nine local 2014 marijuana measures in Colorado

Maine:

a City of Lewiston Recreational Marijuana Legalization Measure (November 2014)
a City of South Portland Recreational Marijuana Legalization Measure (November 2014)
Town of York Recreational Marijuana Legalization Measure (November 2014)

Massachusetts:

• Massachusetts Congressional Districts Marijuana Legalization Public Policy Question Advisory Votes - Eight Districts (November 2014)

Michigan:

• Local marijuana measures in Michigan

New Mexico:

a Santa Fe County Marijuana Decriminalization Advisory Question (November 2014)
a Bernalillo County Marijuana Decriminalization Advisory Question, Measure 1 (November 2014)
City of Albuquerque Marijuana Decriminalization Measure (November 2014)
City of Santa Fe Marijuana Decriminalization Initiative (November 2014)

Wisconsin:

a Dane County State Legalization of Marijuana Referendum (April 2014)

Medical

California:

a City of Santa Ana Council-Referred Medical Marijuana Regulation Ordinance, Measure BB (November 2014)
d City of Santa Ana Medical Cannabis Restriction and Limitation Initiative, Measure CC (November 2014)
d City of La Mesa Medical Marijuana Initiative, Proposition J (November 2014)
d City of Encinitas Medical Marijuana Initiative, Proposition F (November 2014)
d Nevada County Medical Marijuana Cultivation, Measure S (November 2014)
a Butte County Medical Marijuana Ordinance 4075 Referendum, Measure A (November 2014)
d Butte County Medical Marijuana Initiative, Measure B (November 2014)
a Shasta County Outdoor Medical Marijuana Ordinance Referendum, Measure A (November 2014)
d Lake County "Medical Marijuana Control Act" Initiative, Measure O (November 2014)
d Lake County "Freedom to Garden Human Rights Restoration Act" Initiative, Measure P (November 2014)
d City of Weed Permitting Licensing of Medical Marijuana Dispensaries Advisory Question, Measure L (November 2014)
a City of Weed Outdoor Marijuana Cultivation Ban Advisory Question, Measure K (November 2014)
a Lake County Marijuana Cultivation Ordinance 2997 Referendum, Measure N (June 2014)
City of Imperial Beach "Compassionate Access Ordinance" Medical Marijuana Dispensaries Act (June 2014)
City of Napa Medical Marijuana Dispensary Referendum (November 2014)
City of San Jose Medical Marijuana Regulation Act of 2014 (November 2014)

See also

• Local marijuana on the ballot
• Notable local measures on the ballot
• Butte County, California ballot measures

External links

Suggest a link

• Butte County Elections Department website

Support

• Butte County Citizens Against Irresponsible Government website, accessed September 25, 2014
• CA NORML website, "Butte County Brochure," archived September 29, 2014

Opposition

• Protect Butte County website
• Yes on A - No on B website, accessed September 25, 2014
• Butte County Families Against Cannabis Trafficking (BCFACT) website