CALIFORNIA PROPOSITION 64 INFORMATION ROUNDUP
Tomorrow, Tuesday, November 8th, is the day folks. If you haven't already voted via mail-in ballot, tomorrow is the day to show up to your local polling place and cast those votes. California Proposition 64 - Adult Use of Marijuana Act, is only one of many propositions on the ballet this year, but it may be the most important to those of us interested in the future of the cannabis industry.
While Fools Gold Enterprises consultants work hard every day to educate and inspire farmers of all types, we have retained a fairly neutral position on Proposition 64. We can see the pros and cons of both sides of the arguments for what they are, and want to share with you a series of information that may help you come to a decision for yourself.
While we don't commit to supporting the positions of all of the articles we are about to share with you, we think in fair representation of freedom of information the data presented below is important to read and mull over.
- High Times did a fantastic outline of the top ten myths about California's Proposition 64, with a footnotes section for you to go deeper down the rabbit hole if you have the time.
- The Leaf Online (a cannabis activism publication), published their study on how Prop. 215 is not changed by Prop. 64
- Nikki Lastreto, of Mendocino's cannabis brand "Swami Select" fame, supports the passage of Proposition 64, and tells her side of the story in Santa Rosa's The Press Democrat. She finds that the best option for small cottage farmers may be to band together into cooperatives like many across the agriculture industry.
On a more local front, many of us are facing a vote on cannabis related measures on a county and even city level. The Drug Policy Forum of California has posted a comprehensive list of everything facing us on this ballot, including local measures you can be sure to see on your ballot based by locale:
"Adelanto - Measure R would impose an excise tax of up to 5% on all types of commercial marijuana activities.
Avalon - Measure X would permit up to two medical marijuana dispensaries, and permit the delivery, cultivation, manufacture and processing of medical marijuana products, subject to a $10,000 annual license tax and a 12% transaction fee/tax on each individual medical marijuana sale.
Butte County - Measure L would permit commercial cannabis cultivation, distribution, manufacturing and transporatation in most zones, while prohibiting outdoor cultivation in residential zones and establishing an exemption for personal cultivation of up to 100 square feet, and collective cultivation of up to 500 square feet. Read more.
Calaveras County - Measure C would impose a $2/square foot commercial cannabis tax on outdoor/mixed light cultivation until the state establishes a track and trace program, at which point the tax will be $45/pound of dry weight trim and $10 per pound of dry weight trim; and $5/sq ft. on indoor culivation until a track-and-trace program is implemented, at which time the tax will be $70/lb. of bud and $15/lb. of trim; and a 7% on gross proceeds from manufacturing or retail medicinal or legal cannabis. Would require legal water source and compliance with regulations issued by the Water Quality Control Board, Fish and Wildlife, etc. Measure D would license and zone for commercial indoor, outdoor, and mixed light cultivation, plus nurseries and personal use/caregiver grows.
Carson City - Measure KK would enact a tax $25 per square foot of space utilized for cultivation and 18% of gross proceeds.
Cathedral City - Cathedral City voters will consider a ballot amendment asking if they want to expand the tax to all legal cannabis businesses at a rate of “$25 per square foot of cultivation space, and $1 for every gram of cannabis concentrate and every unit of cannabis-infused product," in order to fund municipal services including police and fire services and the library. Read more.
Cloverdale - Voters will be asked whether to approve a tax of up to 10 percent on gross sales of marijuana businesses that could be allowed in the city in the future.
Coachella - Coachella's ballot measure proposes a maximum 6 percent tax on a business' gross receipts and $15 per square foot of cultivation and manufacturing space every quarter. If retail spaces are approved in the future, they would be subject to a gross receipts tax and could bring in millions more to the city. Read more.
Colfax - Measure H asks: Shall the City of Colfax adopt an ordinance which allows and regulates marijuana dispensaries, cultivation, delivery and use, and imposes a sales tax of up to 15% on the sale of all marijuana products?
Costa Mesa - Measure V would allow up to eight shops, and Measure W would allow for four. Both were the result of signature-gathering campaigns. Measure X, placed on the ballot by the city council, would allow testing labs and sites for making marijuana-infused products, but no shops.
Del Rey Oaks (Monterey county) - Measure A would impose a tax of no more than 10% (5% when enacted) on gross receipts of cannabis businesses
Dixon (Solano county) - Measure K would tax marijuana businesses.
Dunsmuir- Measure Y asks whether or not medical marjuana cultivation should be permitted in the city.
Fillmore (Ventura county) - Fillmore's measure would tax commercial cultivation as much as $30/sq. ft. for the first 3000 sq. ft and $15 thereafter; it would also tax retail transactions up to 15%. Read more.
Gonzales - Measure W would enact a medical marijuana cultivation tax not to exceed $25 per square foot and a manufacturing tax not to exceed 15% of annual gross receipts.
Greenfield - Measure O would tax cultivation, dispensaries, deliveries, distribution, manufacturing, nurseries, testing, and transportation of medical and nonmedical marijuana, with a cultivation tax not to exceed $25 per square foot and all other cannabis activities at a rate not to exceed 10%
Hayward – Measure EE states, "To assure local control and close on-going deficits, shall the City of Hayward be authorized to enact a general tax ordinance not exceeding 15% of gross sales for all products associated with medical or adult use of cannabis, from cultivation, distribution, manufacturing, and retailing of cannabis or products derived therefrom, if the City of Hayward permits cannabis business activities, such tax to be in addition to any other taxes imposed by the City of Hayward or the State of California?" The measure does not actually authorize any permits though.
Humboldt - Measure S will tax cultivation at $1 per sq. ft. for outdoor, $2 for mixed light and $3 for indoor. Read more.
Inyo County - Measure G asks if the county should license commercial medical cannabis businesses including but not limited to, cultivation, processing, manufacturing, sales, distribution, warehousing and transportation.
Measure H asks the same question for recreational cannabis, should Prop. 64 pass.
Measure I asks if the county should enact a 5% gross receipts tax on commercial cannabis businesses (but no less than $1,250 per growing cycle for cultivation businesses) in the unincorporated area of Inyo County, and authorizing the Board of Supervisors to increase the tax to a maximum of 12.5% over time.
King City - Measure J would tax medical and nonmedical marijuana businesses at $25.00 per square foot for the first 5,000 square feet and $10.00 per square foot thereafter for cultivation; not to exceed $5.00 per square foot for nurseries; $30,000.00 each for manufacturing and testing facilities. The city council has already approved licensing for marijuana businesses.
La Mesa - Measure U would authorize and regulate medical marijuana dispensaries, and the cultivating and manufacturing of medical marijuana.
Laguna Beach - city leaders don’t like Measure KK, a ballot initiative that would allow two dispensaries in town without taxing them. But rather than pitch a competing measure, City Council members opted to campaign against the ballot measure.
Lake County - Measure C asks, “Shall an annual general purpose tax be imposed on legally-authorized cannabis cultivation, with an exemption for personal medicinal use, occurring in unincorporated areas of the County of Lake of $1.00 per square foot of an outdoor cultivation site, $2.00 per square foot of a mixed-light cultivation site, and $3.00 per square foot of an indoor cultivation site, subject to annual Consumer Price Index increases, and generating annual revenue of approximately $8 million per average year?”
Lemon Grove - Measure V asks, "Shall an Ordinance to Rescind the prohibition of Marijuana Dispensaries and Add the Medical Marijuana Regulatory Ordinance to the Lemon Grove Municipal Code be adopted?"
Long Beach - Two competing measures will be on the ballot. Current tax rates are 6-10% of gross receipts, $15-$50 per square foot for cultivation, and $10 per square foot on all business improvements. The petition-driven Measure MM would bring those down to 6% of gross receipts and $10 per square foot (medical and recreational). The City's proposal, Measure MA, would establish tax rates for medical dispensaries of 6-8% of gross receipts, and 8-12% for recreational stores. Processing, Distributing, Transporting, or Testing facilities would pay 6-8% of gross receipts and cultivation facilities (medical and recreational) $12-$15 per square foot. Whichever measure receives the most votes (over a majority) will take effect 10 days after the election.
Marysville - Measure F would enact a cannabis business tax which will start at 5 percent and is capped at 15 percent, plus a $15 per square foot of canopy space cultivation tax with a cap of $25. Read more.
Mendocino County - Measure AF, the Mendocino Heritage Initiative, would protect personal cultivation of up to 100 square feet and caregiver cultivation of up to 500 square feet as not requiring local permits. Would permit a MicroBusiness of up to 2500 square feet of cultivation and other MCRSA-type permits. Has a residency requirement that expires in 2020. Other permits for dispensaries, transportation, manufacturing, and nurseries would be issued, with a 2.5% gross receipts tax on all medical marijuana businesses and a 5% tax on recreational businesses. Measure AI, a competing measure approved by the Mendocino Board of Supervisors would enact a 2.5 percent business tax on gross sales from marijuana cultivation and dispensaries, along with a $2,500 annual fee on marijuana distributors, delivery services, nurseries and testing laboratories. That business tax could be raised in increments of 2.5 percent up to a maximum of 10 percent, whether on medicinal or recreational pot. Should both measures pass, the one with the most votes will be enacted. Measure AJ is an advisory measure asking where the majority of tax monies should go: "for funding enforcement of marijuana regulations, enhanced mental health services, repair of county roads, and increase fire and emergency medical services?"
Monterey County - Measure Y - would tax commercial marijuana businesses in the unincorporated area of Monterey County only (not cities) up to a maximum of: $25 per square foot on cultivation; $5 per square foot on nurseries ; and 10% of gross receipts on other marijuana business activities.
Perris - Two measures will be on the November ballot -- one for the taxing of medical marijuana dispensaries in the city and the other for the oversight of those enterprises. Read more.
Point Arena - Measure AE would impose a 7% tax on nonmedical cannabis and a 3% tax on medical cannabis businesses.
Rio Dell - Measure T asks, "Should the City of Rio Dell, by the necessary and appropriate action, permit commercial cannabis business activity, including cannabis cultivation, testing, processing and sales, within the area of the City that is located to the north of the Eel River and commonly referred to as the Sawmill Annexation Area if that activity is subject to local taxation?"
Salinas - Measure L would impose taxes on medical and nonmedical cannabis businesses not to exceed $25 per square foot on cultivation, and 10% of annual gross receipts on dispensaries, manufacturing, and delivery businesses.
San Bernardino (city) - Three competing ballot measures would allow for dispensaries in the city. Measure N would allow for up to 20 dispensaries and tax them at 5% of gross receipts.
Measure O would establish an application fee of $250 and annual fees of $5/square foot of cultivation, $5/sq foot of occupied business or manufacture space, and $100 per transport vehicle. Measure O also self-servingly designates certain parcels for legal licensing.
Measure P, prepared by the city in consultation with cannabis advocates, would give the City Council more direct control over marijuana businesses if residents allow for them.
San Diego (city) - Measure N would tax nonmedical marijuana businesses at a rate of 5%, raising to 8% in 2019 and amendable up to 15% thereafter, should voters approve Prop. 64. Measure N is endorsed by San Diego Citizens for Patient Rights
San Jacinto - The city council put a measure on the ballot taxing gross receipts of marijuana businesses at 15%, and enacting a $50/square foot cultivation tax.
San Leandro – Measure NN reads: "To maintain and enhance the City of San Leandro, with funding that cannot be taken by Sacramento, including: social services, public art, programs that celebrate diversity, multilingual programming and other general city services, shall the City of San Leandro levy an ongoing tax of up to 10% of gross receipts of cannabis (marijuana) businesses in the city, providing $500,000 annually, requiring independent citizen oversight, financial audits, and that all funds stay in the City of San Leandro?"
Santa Barbara (city) - Measure D would enable the city council to enact an excessively high 20% tax on gross receipts for both recreational marijuana businesses, and a 10% tax on medical marijuana ones. The Council could also enact a lower tax.
Santa Cruz County - Voters will consider a measure to extend their 7% tax to cultivators and others. Read more.
Sierra County Measure B would specifically outlaw commercial cultivation.
Solano County - Measure C would place a tax of up to 15 percent on all marijuana-based businesses – medical or recreational – in the unincorporated area of the county. It would be based on gross receipts. Read more.
Stockton - Measure P would allow for a total of four medical marijuana dispensaries and four cultivation sites in Stockton. Measure Q would increase the medical cannabis business license tax from $25 per $1,000 of annual gross receipts to a minimum of $35 and a maximum of $50 per $1,000.
Upland - Measure U would allow licensing of up to three medical marijuana dispensaries, and allow them, and only them, to deliver.
Yuba County - Measure E will enable Yuba county to issue licenses under state law (MMRSA). As per MMRSA, personal gardens under 100 square feet and caregiver gardens under 500 square feet will not require licensing; larger gardens will require administrative permits or conditional use permits, depending on zoning, and must be at least three acres in size."
Please read more from Drug Policy Forum for California at: http://www.drugsense.org/dpfca/votersguide1116.html#PROPS
You can find lots of really good information as it comes in statewide at: https://www.facebook.com/groups/calicityandcountybanwatch/
Whatever your future goals are, our team of Fools Gold Enterprises consultants can help you to lay down the necessary plan of action to see your dreams into fruition. Please contact us today so we may help you down a path of realization and actualization.
*Edit* for purposes of transparency: Fixed the source of the local measures listed by county and city to the proper source of Drug Policy Forum for California. Thank you for reaching out to us.