Potential Local Impacts from Proposition 64 and Measure L

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Presentation transcript:

Potential Local Impacts from Proposition 64 and Measure L

Three Scenarios Proposition 64 only passes Measure L only passes Proposition 64 and Measure L both pass

Statewide measure to legalize adult use of recreational marijuana. Adults 21 years and older could: use and possess up to one ounce, cultivate up to 6 living plants. Proposition 64 Adult Use of Marijuana Local Control Personal cultivation of 6 plants could be restricted to indoors by the Board of Supervisors.

Commercial License types available for: Cultivation Manufacturer Retailer Tester Distributor Microbusiness Proposition 64 Regulates commercial activities. Local Control The Board of Supervisors would have authority to restrict or prohibit commercial activities.

Proposed State Taxes Cultivation tax $9.25 per ounce for dried flowers $2.75 per ounce for dried leaves Retail excise tax 15 percent California sales tax would apply. Proposition 64 Revenue and Taxation Local Control Butte County voters could pass local taxes on marijuana activities.

Criminal penalties for possession and sales of recreational marijuana for adult use would be changed. LAO estimates savings from the tens of millions to over $100 million. Butte County law enforcement officials anticipate little to no operational savings locally. Proposition 64 Criminal Penalties

The Colorado Experience Revenue and Taxation Local Economic Impact Law Enforcement

The Colorado Experience Recreational marijuana businesses in Colorado. Stores: 242 Cultivation site: 514 Manufacturers: 168 Testing Facilities: 17 941 recreational marijuana business licenses issued since October 1, 2013. The Colorado Experience Revenue and Taxation

The Colorado Experience Tax Revenue and Regulatory Costs in Colorado. Tax Revenue $77.8 million Users Fees $ 4.3 million Total Revenue FY 14-15 $82.1 million Regulatory Costs $8.6 million Revenue is for recreational marijuana. Regulatory costs include both recreational and medical marijuana. The Colorado Experience Revenue and Taxation

The Colorado Experience Local Jurisdiction Marijuana Business Licensing Status in Colorado 2014 2015 Medical and Retail Marijuana Banned 228 218 Medical Marijuana Licensees Only 21 22 Recreational Marijuana Licensees Only 5 9 Medical and Recreational Marijuana Licensees 67 73 Total 321 332 Local Jurisdictions

The Colorado Experience Case Study: Town of Parachute 1 dispensary Sales tax revenue 10 jobs 1 manufacturing facility (5,000 sq. ft.) 18 jobs. 1 cultivation site (10,000 sq. ft.) Cultivation tax revenue 15 jobs. The Colorado Experience Local Economic Impact

The Colorado Experience Marijuana enforcement is challenging for Colorado law enforcement. Gray market Burglaries and robberies at marijuana businesses Confusion about which marijuana provisions apply The Colorado Experience Enforcement

Medical Cannabis Commercial activities Personal cultivation Measure L would be permitted in nearly every zone in Butte County. Personal cultivation up to 100 sq. ft. for individuals up to 500 sq. ft. for up to five patients No other land use restrictions would apply. Measure L Medical Cannabis Cultivation and Commerce

Medical Cannabis Prohibited cultivation Measure L outdoors in some residential zones outdoors on parcels less than a ¼ acre outdoors on parcels within 1,000 feet of schools and daycare facilities Measure L Medical Cannabis Cultivation and Commerce

Measure L Interpretation Enforcing Measure L would be difficult and risky for the County because the proposed ordinance is difficult to consistently interpret and the use would be controversial and prevalent.

Proposed Permit Types Zoning Clearance Measure L Administrative Use Permit Conditional Use Permit Measure L Permitted Activities

Measure L Permitted Activities Cultivation

Cultivation – Zoning Clearance 5 acre minimum parcel size. Canopy Size Limit Up to 25 percent of parcel Subject to State license Permanent residence required. Permitted water and wastewater required. Measure L Permitted Activities Cultivation

Cultivation – Administrative Use Permit No minimum parcel size. Canopy Size Limit Up to 25 percent of parcel No requirement for a structure. No requirement for permitted water and wastewater. Measure L Permitted Activities Cultivation

Cultivation – Conditional Use Permit No minimum parcel size. Canopy Size Limit Up to 25 percent of parcel No requirement for a structure. No requirement for permitted water and wastewater. County may impose health and safety requirements. Measure L Permitted Activities Cultivation

Measure L Permitted Activities Dispensaries Manufacturing Transportation Distribution

Butte County voters could pass taxes on medical cannabis. Local Taxes Butte County voters could pass taxes on medical cannabis. User Fees Butte County could adopt user fees for commercial activities. Measure L Revenue and Taxation

Measure L Enforcement Measure L lacks adequate enforcement mechanisms to encourage compliance with land use requirements.

Cannabis would not be classified as a nuisance. An administrative hearing program would not be available. No penalties could be assessed for violations. Cost recovery for enforcement would not be available to the County in many cases. Measure L Enforcement

Local impacts from Measure L Commercial activity could increase. Personal cultivation would not be subject to land use restrictions. Enforcement Could require more resources to address public complaints. Enforcement could be difficult and risky for the County. Measure L Local Impacts

Proposition 64 & Measure L Local Taxes Proposition 64 exempts medical marijuana from sales tax. Proposition 64 & Measure L Revenue and Taxation

Proposition 64 & Measure L Multiple Provisions to Enforce Proposition 64 & Measure L Personal/Caregiver Commercial Enforcement 6 plants Commercial Activities Allowed 100 sq. ft. to 500 sq. ft. Commercial Activities Permitted Prop 64 Measure L

Local Impacts Proposition 64 A local ordinance regulating commercial recreational marijuana activities could be adopted. Personal cultivation or use of recreational marijuana could have impacts to local land use and law enforcement.

Local Impacts Measure L Commercial medical cannabis activities Personal and caregiver cultivation More resources could be required to address public complaints. Enforcement could be difficult and risky for the County.