Hesperia, California, Measure T, Marijuana Tax (November 2018)

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Local ballot measure elections in 2018
Measure T: Hesperia Marijuana Tax
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The basics
Election date:
November 6, 2018
Status:
Approveda Approved
Topic:
Local marijuana tax
Related articles
Local marijuana tax on the ballot
November 6, 2018 ballot measures in California
San Bernardino County, California ballot measures
Local tax on the ballot
See also
Hesperia, California

A marijuana business tax was on the ballot for Hesperia voters in San Bernardino County, California, on November 6, 2018. It was approved.

A yes vote was a vote in favor of allowing the city to impose a tax on marijuana businesses of up to $15.00 per square foot for nurseries and up to 6 percent of gross receipts for other businesses.
A no vote was a vote against allowing the city to impose a tax on marijuana businesses of up to $15.00 per square foot for nurseries and up to 6 percent of gross receipts for other businesses.

Election results

Hesperia, California, Measure T, Marijuana Tax (November 2018)

Result Votes Percentage

Approved Yes

12,312 61.09%
No 7,842 38.91%
Results are officially certified.
Source

Text of measure

Ballot question

The ballot question was as follows:[1]

Shall the measure establishing a permanent tax of 1% to 6% of revenues on all commercial cannabis businesses, excepting cultivation, and a tax of up to $15 per square foot of space used for commercial cannabis cultivation per fiscal year as may be increased annually by increases in the consumer price index, to raise approximately $154,000 annually to be spent for unrestricted general revenue purposes, including public safety services and public works improvements, be adopted?[2]

Impartial analysis

The following impartial analysis of the measure was prepared by the office of the Hesperia City Attornet:

The City of Hesperia ("City") regulates cannabis activities under Chapter 5.50 of Title 5 and Title 16 of the Hesperia Municipal Code. The City regulates personal cultivation and prohibits all commercial activities, except for medical cannabis delivery operations under state license classification M-9 (Non-Storefront) that have received a City permit. The Hesperia City Council voted to place Measure T on the ballot for the November 6, 2018 general municipal election. If passed by the voters, Measure Twill impose a tax on all commercial cannabis activities in the City, including activities that are currently prohibited. However, Measure T is a tax measure only and will not permit any new types of cannabis activities. Measure T will impose a permanent general tax of not less than one percent (1%) and not more than six percent (6%) on all commercial cannabis activities except cultivation (the "Non-Cultivation Tax"). Measure T will also impose a tax of up to $15 per square foot of space used for commercial cannabis cultivation per fiscal year (the "Cultivation Tax"), which may be increased annually pursuant to the Consumer Price Index. The Non-Cultivation Tax and the Cultivation Tax are collectively the "Tax."

The Tax is not a sales or use tax and shall not be calculated or assessed as such. The estimated revenue from the Tax will depend on several factors, but based on an assumption of a gross revenue of $4,400,000 from 11 delivery operations, taxed at 3.5% (the midpoint between 1% and 6%), the Tax is estimated to annually generate $154,000.

The actual revenue could be higher or lower than the estimate. The revenue could change in the future if other types of cannabis activities are permitted. The actual tax rate for the Tax may be set by the City Council from time to time, except that the Tax cannot be higher than the maximum or lower than the minimum rates without further voter approval. The revenues generated from the Tax will be deposited into the City's general fund and used for unrestricted general revenue purposes, such as public safety and public works improvements. Measure T will also establish regulations to administer the Tax, including collection, enforcement, penalties and refunds. All of the regulations established by Measure T may be amended or repealed by the City Council from time to time. A "Yes" vote approves taxing commercial cannabis activities in the City. A "No" vote disapproves taxing commercial cannabis activities in the City. Measure T will take effect only if a majority of voters vote "Yes" at the November 6, 2018, general municipal election.[2]

—Hesperia City Attorney [3]

Full text

The full text of the measure is available here.

Path to the ballot

See also: Laws governing local ballot measures in California

This measure was put on the ballot through a vote of the governing officials of Hesperia, California.

See also

External links

Footnotes

  1. San Bernardino County Elections, "Measure T", accessed September 24, 2018
  2. 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. San Bernardino County Elections, "Impartial Analysis," accessed September 24, 2018