Coachella, California, Marijuana Tax, Measure II (November 2016)

From Ballotpedia
Jump to: navigation, search


Local ballot measure elections in 2016

Measure II: Coachella Marijuana Tax
LocalBallotMeasures Final.png
The basics
Election date:
November 8, 2016
Status:
Approveda Approved
Topic:
Local marijuana tax
Related articles
Local marijuana tax on the ballot
November 8, 2016 ballot measures in California
Riverside County, California ballot measures
City tax on the ballot
See also
Coachella, California

A marijuana tax measure was on the ballot for Coachella voters in Riverside County, California, on November 8, 2016. It was approved.

A yes vote was a vote in favor of authorizing the city to impose a marijuana tax of $15 per square foot on cultivation and manufacturing facilities and 6 percent of revenue on marijuana sales and applying this tax to both medical and recreational marijuana, which was legalized statewide by the approval of Proposition 64.
A no vote was a vote against authorizing the city to impose a marijuana tax of $15 per square foot on cultivation and manufacturing facilities and 6 percent of revenue on marijuana sales.

Election results

Measure II
ResultVotesPercentage
Approveda Yes 5,950 81.97%
No1,30918.03%
Election results from Riverside County Elections Office

Text of measure

Ballot question

The following question appeared on the ballot:[1]

To improve basic city services, such as police and emergency response, parks and youth/senior services, and street repair, shall the City of Coachella enact a tax on marijuana businesses of up to $15 per square foot of space utilized for marijuana cultivation or manufacturing, and up to 6% of the gross receipts from the sale of marijuana and related products, whether at wholesale or retail, generating approximately $4,000,000 annually, until ended by voters?[2]

Impartial analysis

The following impartial analysis of the measure was prepared by the office of the Coachella City Attorney:

Measure II would establish a local gross receipts tax of up to 6% and up to a $15.00 per square foot cultivation/manufacturing tax on all Coachella businesses that transact in marijuana and marijuana-containing products (oils, creams, candies and “edibles”). The tax would cover marijuana cultivation and marijuana-product manufacturing, processing, testing, distribution and retail sale.

Earlier this year, the Coachella City Council adopted comprehensive medical marijuana business regulations. The regulations outright ban retail medical marijuana dispensaries as well as direct-tocustomer delivery. However, they allow medical marijuana cultivation, manufacturing, distribution, testing and transportation. In other words, the City allows the “wholesale” side of these operations, but bans the “retail” side. Permitted “wholesale” facilities are limited to specific areas of the City and subject to extensive local regulations.

While the City Council has the authority to adopt marijuana business regulations, marijuana business taxes must be approved by the voters under State law (California Proposition 218). It is specifically noted that Measure II is a tax measure only. It does not amend the City’s marijuana business regulations — it does not change or expand the number or types of marijuana businesses currently allowed in the City.

However, a Statewide initiative measure is also on this ballot that would legalize possession and use of recreational marijuana (Proposition 64). While Proposition 64 would allow Coachella to continue banning retail marijuana stores, it will require Coachella to reasonably allow indoor cultivation of medical and recreational marijuana.

Therefore, while the City currently has strict limits on marijuana uses (“wholesale” medical marijuana businesses only), this tax is drafted broadly to cover both medical and recreational marijuana, as well as both wholesale and retail marijuana businesses, should State or local law change and allow these uses in Coachella in the future.

Measure II was placed on the ballot by the City Council and, if approved, would establish the following tax rates on marijuana businesses:

- a maximum 6% gross receipts tax on all marijuana businesses (wholesale or retail, medical or recreational marijuana); and

- an additional tax up to a maximum of $15.00 per square foot of space utilized for cultivation/manufacturing of marijuana or marijuana-containing products. This includes “grow rooms”, testing facilities and processing/distribution facilities.

This is a “general tax” and, therefore, must be approved by a majority of the voters. It is estimated that Measure II would generate $4,000,000 annually to the City’s general fund. The general fund pays for general City services such as police, fire, emergency response, street maintenance, parks and recreational programs. The tax rates set by Measure II could be increased or decreased by the City Council provided the maximum rates listed above are not exceeded.

A “yes” vote on Measure II will approve the marijuana business taxes identified above.

A “no” vote on Measure II will not approve the marijuana business taxes identified above.[2]

—Coachella City Attorney[1]

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 Coachella, California.

Recent news

The link below is to the most recent stories in a Google news search for the terms Coachella Local marijuana tax Measure II. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

See also

External links

Footnotes

  1. 1.0 1.1 Voter's Edge, "Riverside County, November 8, 2016 Election," accessed November 19, 2016
  2. 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.