CA: Long Beach Voters To Decide On Marijuana Measures

Katelyn Baker

Well-Known Member
When Long Beach voters head to the polls, they will not only decide whether to legalize recreational marijuana with the rest of the state, but also on two complicated local medical marijuana measures.

When it comes to cannabis, the issue is muddied for Long Beach residents, so here's what you need to know.

MEASURE MM

The first local choice is Measure MM, which would repeal a ban on medical marijuana businesses and create safeguards for their existence.

The citizen initiative qualified for the ballot in July after backers gathered some 35,000 signatures, an action taken after the City Council failed to reach consensus on its own ordinance that also sought to repeal the ban.

Proponents of the measure say it is long overdue, considering California became the first state to sanction medical marijuana 20 years ago with Proposition 215, the Compassionate Care Act. The law gave local governments power to regulate medical marijuana, or ban it all together, and many cities did just that, weaving a statewide patchwork of widely varying ordinances.

Medical marijuana has been generally banned in Long Beach since 2012.

Measure MM hopes to change that.

Supporters say the initiative will "establish sensible regulations" for the sale of medical marijuana within the city, giving patients access to "safe, affordable medicine" with "tough" lab testing standards.

MM advocate Stefan Borst-Censullo, a Long Beach attorney with one of the nation's first cannabis law firms, said the measure would allow for local control of an already-existing marijuana marketplace.

"You can either do that in a vacuum where there are no rules or regulations, or you can do so using the power of the state and the market to control for negative externalities (such as the black market)," he said. "It is all about the rules you put in place."

Under MM, patients 18 years and older would be able to legally buy medical marijuana. The initiative would limit the number of dispensaries to between 26 to 32, a to-be-determined number based on population size. The measure would prevent dispensaries from opening near schools, parks, beaches and residential neighborhoods. Operations would also be prohibited after 8 p.m.

The measure includes a 6 percent tax on sales and a $10 per square foot tax on cultivation, which would generate an estimated $5 million to $7 million in taxes for the city each year.

Opponents of the measure argue it will "line the pockets" of dispensary owners at the expense of Long Beach citizens. Former federal prosecutor Marc Greenberg, who wrote the ballot argument against the measure, points to a city-estimated cost of $12 million to regulate medical and recreational marijuana.

Greenberg also argues that with every legitimate dispensary that opens, a handful illegal ones will also open, creating a burden on law enforcement.

Measure MM has earned endorsements from U.S. Rep Alan Lowenthal, D-Long Beach, and city councilmembers Dee Andrews, Jeannine Pearce and Roberto Uranga.

A "yes" vote on MM would repeal a city ban on medical marijuana and allow businesses to operate in Long Beach.

MEASURE MA

The second pot-related initiative facing Long Beach voters is Measure MA, general tax measure that would impose higher taxes on medical marijuana than those proposed in Measure MM, and it would authorize taxes on recreational marijuana should Prop. 64 pass in November.

The City Council voted to place Measure MA on the ballot in August, one month after Measure MM qualified, because officials said they feared the city would not capture enough tax revenue to fund costs associated with licensing new businesses and funding various public health and safety resources.

Officials estimate Measure MA would capture $13 million annually if both Prop. 64 and Measure MM pass — though even if Prop. 64 passes, Long Beach would still need to decide whether it wants recreational marijuana businesses within its borders.

Measure MM would repeal a 15 percent tax on recreational marijuana that was approved by Long Beach voters in 2010. If Measure MM passes, the city tax on recreational use would be set at 0 percent, which is part of the motivation behind Measure MA.

City leaders, including Mayor Robert Garcia, argue that Long Beach needs the additional tax monies to maintain a safe community.

"Passing Measure MA is critical to ensure we have the necessary public safety and public health resources if voters choose to legalize marijuana," Garcia said in a statement.

But opponents argue MA would place a "cruel burden" on the backs of medical marijuana patients. Medical marijuana advocate Larry King says the increased taxes could doom medical marijuana businesses to fail.

Under MA, medical marijuana sales would be taxed at 6 to 8 percent, as would each step in the supply chain process, including distributing, processing, transporting and testing marijuana, which King and other supporters argue will ultimately drive up the cost to patients.

MA would set a similar tax structure on recreational marijuana, with rates set between 8 to 12 percent. Cultivation for medical or recreational would be taxed at $12 to $15 per square foot of growing space.

"All of the interested parties agree that recreational and medical marijuana should be taxed, even though no other medicine is taxed in California," he said. "But do it fairly for the medical patients and in a way that benefits the entire community in the long run."

A "yes" vote on Measure MA would approve higher taxes on medical marijuana and authorize taxes on recreational marijuana should both the state and local initiatives pass in November.

There is one caveat - if both Measure MM and MA are approved, the city's tax rates will depend on which measure receives more votes. The measure receiving the higher number of votes will set the tax rates.

The measure has been endorsed by Lowenthal, the City Council and U.S. Rep. Janice Hahn, D-San Pedro.

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Full Article: Long Beach Voters To Decide On Marijuana Measures
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