Summary of Medical Marijuana Ballot proposal, prepared by the City Attorney of Encinitas:
AN INITIATIVE AMENDING THE ENCINITAS MUNICIPAL CODE TO AUTHORIZE AND REGULATE MEDICAL MARIJUANA DISPENSARIES IN ENCINITAS
The Encinitas Municipal Code (Municipal Code) presently prohibits medical marijuana dispensaries (dispensaries) in the City of Encinitas.
This initiative is citizen-sponsored and would amend the Municipal Code to repeal that prohibition and authorize dispensaries to locate (without size restrictions) in non-residential zones appropriate for commercial, manufacturing, industrial or retail sales uses, including health care uses.
The initiative prohibits dispensaries from locating within 1,000 feet of another dispensary or within a 600 foot radius of a school or playground.
The initiative requires City officials to issue an operating permit and business registration to any dispensary applicant that:
(1) demonstrates compliance with location requirements,(2) presents a plan for compliance with operational requirements (see below) and(3) has no directors which have been convicted of a serious felony as defined pursuant to California Penal Code Section 1197.2(c) in the past 7 years.
The initiative also prohibits law enforcement officials from arresting or seizing marijuana (including marijuana plants) from qualified patients, caregivers and dispensary personnel.
The initiative would impose the following operational requirements on dispensaries:
(1) licensed security personnel on site during operating hours,(2) security cameras and alarms,(3) safety lighting,(4) secured storage of marijuana,(5) restricted hours of operation (between 8:00 a.m. to 10:00 p.m.),(6) prohibits consumption or dispensing of alcoholic beverages on site,(7) prohibits marijuana from being visible from the exterior of any dispensary,(8) products containing marijuana must be identified by label,(9) prohibits providing marijuana to any minor (18 or under) unless the minor is a qualified patientaccompanied by a parent or guardian and(10) prohibits on-site medical evaluations for medical marijuana use.
The initiative further provides that dispensary sales shall be subject to a sales tax of two and one-half percent (2.5%) in addition to other state and local sales tax that may be applicable to sales transactions in Encinitas.
Lastly, the initiative provides that if any of its provisions are determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect to the extent legally possible.
PLEASE NOTE THAT THIS SUMMARY IS INCLUDED SINCE WE CONSIDER IT TO BE AN ACCURATE, THOROUGH AND CONCISE EXPLANATION OF THE INITIATIVE. THE INCLUSION OF THIS DOCUMENT IN OUR PRESENTATION MATERIAL
DOES NOT CONSTITUTE AN ENDORSEMENT OF THE INITIATIVE BY THE CITY ATTORNEY, WHO ACTS AS A NUETRAL PARTY IN THIS CITIZENS’ INITIATIVE PROCEEDINGS.