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Cannabis Regulations

Public Information: Notice to City of San Bernardino Voters

Information about the 2018 general election ballot measures: Measure W and Measure X

We are just days away from another election in our great City of San Bernardino – a chance for registered voters to exercise their most powerful birthright – the right to VOTE. We want to encourage those who qualify to visit a polling center on November 6, 2018 and have your voice heard. To help you prepare to cast your vote, the following letter provides an educational description of the Cannabis Tax Measure (Resolution No. 2018-228), known as Measure W, and the Cannabis Regulatory Measure (Resolution No. 2018-227), known as Measure X. It’s important to note that the information below is not meant to influence a “yes” or “no” vote on either measure. We are simply doing our due diligence to provide information to voters who can make informed decisions on their own.

Background: On November 8, 2016, the voters of California passed Proposition 64, the Adult Use of Marijuana Act, which legalized the cultivation, manufacture, distribution, testing, and sale of cannabis and cannabis products within the State of California. Also on November 8, 2016, the voters of the City of San Bernardino (“City”) adopted Measure O, a local regulatory ordinance for commercial cannabis businesses. Several lawsuits were filed challenging Measure O. On February 28, 2018, the Superior Court entered judgement declaring Measure O invalid. The judgement is currently being appealed. On August 1, 2018, the City Council unanimously approved Measure W and approved Measure X with a 6-1 vote to be placed on the November 6, 2018 General Election ballot.

 

Cannabis Tax Measure | Measure W

Measure W proposes a general tax on persons/businesses engaged in legal commercial cannabis activities. Proposed tax rates are:

 

6% on gross receipts of retail sale

3% on gross receipts of distribution

$10/square foot on space used for indoor cultivation

$7/square foot on space used for mixed-light cultivation

$2/square foot on space used for nursery cultivation

4% on gross receipts of manufacturing, processing non-cultivation, or other

 

Any revenue generated by the tax will be deposited into the City’s General Fund and allocated for unrestricted general governmental purposes.

Detailed measure information and tax rates can be found here.

If you vote YES on Measure W…

If you vote NO on Measure W…

You are voting to authorize a general commercial cannabis tax at the maximum rates mentioned above and found here.

You are voting against the authorization of a general commercial cannabis tax at the maximum rates mentioned above and found here.

 

 

Cannabis Regulatory Measure | Measure X

Measure X proposes established regulations on the operation of commercial cannabis businesses including: recordkeeping, security measures, restrictions on alcohol and tobacco sales, signage, odor control, and background checks.

Detailed measure information and tax rates can be found here.

If you vote YES on Measure X…

If you vote NO on Measure X…

You are voting for local regulatory ordinance for commercial cannabis businesses.

You are voting against local regulatory ordinance for commercial cannabis businesses.

 

How to Vote: Here are a few important items to keep in mind. Election Day is November 6, 2018. You can call the Registrar of Voters at 1-800-881-VOTE or go online at http://www.sbcountyelections.com/Home.aspx to find your polling place.

The City has new cannabis ordinances governing smoking in public, personal cultivation in private residence and commercial cannabis activity. The laws are effective April 8, 2018. A summary and link to the full ordinances/regulations can be found below.  

Smoking Cannabis in Public Places

The Mayor and City Council adopted Ordinance (MC-1465) on March 7, 2018, designed to create a healthy community by regulating the smoking – including vaping – of cannabis in public. This is regulated by Municipal Code Chapter 8.97.

Below is a brief summary of the Ordinance:

1. Cannabis inhaling and smoking shall be prohibited within one thousand (1,000) feet of any of the following:

i. Any school (k-12) regardless if it is a public, private or charter school;
ii. Day care center as defined in Section 1596.76 of the Health and Safety Code;
iii. Youth center as defined in Section 11353.1 of the Health and Safety Code;
iv. Any library, park, bicycle paths or area in which the primary purpose is used for minors; and
v. Any alcohol rehabilitation center or substance abuse facility.

2. Smoking and inhaling of cannabis products are prohibited in the following places:

i. Dining areas;
ii. Public places (farmers market, parade, craft fair, event space, etc.);
iii. Recreational areas (parks, playgrounds, sports fields, picnic area, hiking trail, bike path, etc.);
iv. Service areas;
v. Places of employment; and
vi. Any area within 50 feet of any door, window, opening, or vent, into a public place, dining area, service area, or recreational area except for such areas on private residential property.

3. A private property owner or business owner may authorize a Designated Smoking Area in an unenclosed area of his or her private property, provided it complies with all provisions of this Ordinance.

Personal Cultivation in Private Residence

The Mayor and City Council adopted Ordinance (MC-1466) on March 7, 2018, establishing regulations for the personal cultivation of cannabis within private residences in Municipal Code Chapter 8.99.

Below is a brief summary of the Ordinance:

1. Ordinance allows for indoor cultivation of cannabis (six or less plants) in a private residence or accessory structure in a manner that will ensure any cultivation is safe, secure, and does not create a public nuisance to others living in the City.

i. This includes cultivation of medical and nonmedical cannabis for personal use.

2. There is a mandatory annual Personal Cultivation in Private Residence Fee of $72 effective June 4, 2018. People may register at the Business Registration Office, 201 North E Street, Space 201A, San Bernardino, CA 92401.

3. Outdoor cannabis cultivation (i.e. in the open air) is prohibited within all zoning districts.

Full regulation details including enclosure requirements, consent of property owners, and other restrictions may be read online by clicking here.

Commercial Cannabis Activity

The Mayor and City Council adopted Ordinance (MC-1464) on March 7, 2018, regulating commercial cannabis activities in the City as reflected in Municipal Code Chapter 5.10.

Temporary Cannabis Events

Temporary cannabis events, or special events, are prohibited citywide except at a state designated fair in accordance with Business and Professions Code Section 19418 and Municipal Code section 5.10.060 (c) and Chapter 19.40. For more information click here to view the Temporary Cannabis Events Fact Sheet.

Ordinances

Measure O

Measure O, a citizen-sponsored cannabis initiative which City of San Bernardino voters approved in November 2016, was deemed invalid and unenforceable in its entirety by the Superior Court on February 28.

The Superior Court in its final ruling stated, “…Measure O is invalid. It creates a zoning monopoly for the dispensing of marijuana, due to “spot zoning” which lacks a rational basis. It allows only two addresses within the City to qualify for business licenses for the dispensing of marijuana.” Those addresses are the only two locations that have been issued permits, which have been revoked as a result of the Court’s decision. 

Contact Information

To signup to receive email updates regarding the implementation process, please contact Stephanie Sanchez at Sanchez_Stephanie@SBCity.org or 909-384-7272, extension 3343.