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Smart Voter
San Diego County, CA November 4, 2014 Election
Proposition F
Marijuana Dispensary Authorization Ordinance
City of Encinitas

Majority Approval Required

Fail: 8337 / 44.27% Yes votes ...... 10496 / 55.73% No votes

See Also: Index of all Propositions

Information shown below: Summary | Arguments |

Shall the ordinance amending the Encinitas Municipal Code to authorize and regulate medical marijuana dispensaries in the City of Encinitas be adopted?

Summary Prepared by City Attorney:
The Encinitas Municipal Code (Municipal Code) prohibits medical marijuana dispensaries (dispensaries) in Encinitas. The measure, placed on the ballot by a petition signed by the requisite number of voters, 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 measure would prohibit dispensaries from locating within 1,000 feet of another dispensary and within a 600 foot radius of schools or playgrounds. The measure would require that City officials 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 (defined pursuant to California Penal Code Section 1197.2(c)) in the past 7 years. The measure would prohibit law enforcement officials from arresting, prosecuting, or seizing marijuana from, qualified patients, caregivers and dispensary personnel who comply with the terms of the measure and applicable state law.

The measure 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 marijuana storage, (5) restricted operating hours (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) excepting a qualified minor patient accompanied by a parent or guardian, and (10) prohibits on- site evaluations for medical marijuana use.

The measure imposes a two-and-one-half (2.5) percent sales tax on every transaction involving medical marijuana in the City, which would be reduced to one (1) percent if a statewide tax is imposed on such transactions. Any such taxes collected would be deposited in the City's general fund to be used for general governmental purposes.

A legal question exists as to whether the measure's taxation provisions, which propose a unique City tax on medical marijuana exceeding the uniform sales tax rate imposed by California law, would require the Board of EquaIization to cease collecting all sales tax in Encinitas.

Additionally, legal questions exist as to whether California and/or federal law authorizes the operation of dispensaries in the manner authorized by the measure including: (1) because marijuana is illegal under federal law, whether the City would be in violation of state and/or federal law by issuing dispensary operating permits as required pursuant to the measure; (2) whether City employees who issue permits as required pursuant to the measure might be prosecuted by the federal government for violating federal criminal law; and (3) whether the measure improperly attempts to amend state criminal law by altering the ability of state law enforcement officials to arrest and prosecute individuals for state law violations.

  News and Analysis

San Diego U-T

Encinitas council takes stand against Measure F

Encinitas Advocate

Ballot arguments submitted over medical marijuana dispensaries
Partisan Information

Yes on Measure F

No on Measure F (no link provided)
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Arguments For Proposition F Arguments Against Proposition F
MEASURE F, REGULATION OF MEDICAL MARIJUANA COMPASSIONATE USE DISPENSARIES, will allow safe, regulated access to medical marijuana for qualified patients in the City of Encinitas by allowing medical marijuana dispensaries, operating in full compliance with California State law.

In 1996, the majority of voters in California and in the City of Encinitas voted for the Compassionate Use Act, which allowed patient access to medical marijuana. In 2010, the voters of Encinitas again chose to defeat the black market and reaffirmed their desire for regulation and oversight of marijuana, by voting overwhelmingly in favor of MEASURE 19.

Despite the clear will of the public, there is still no safe access to medical marijuana In the City of Encinitas.

Research from UC San Diego has shown medical marijuana to be an effective treatment for the effects of cancer radiation therapy, debilitating arthritis, multiple sclerosis, and other pain conditions affecting the large senior population in our City. Today, Encinitas patients are forced to use less effective and more costly pharmaceuticals to manage their pain or to turn to black market dealers for their medicine.

MEASURE F ensures the safety of patients and the community by including security requirements including alarm systems, security cameras, lighting standards, and restricting hours of operation.

MEASURE F ensure that medical marijuana dispensaries are located in appropriate areas. It prohibits medical marijuana dispensaries in residential zones and areas where children congregate.

MEASURE F requires a large buffer between dispensaries to allow patient access, while avoiding a concentration of dispensaries in Encinitas.

MEASURE F includes cost recovery fees to ensure that the safe access to qualified patients does not become a financial burden on the city.

Join us in supporting patients and caregivers in Encinitas! Vote "Yes" on MEASURE F.

Nurse, Healthcare Educator
Encinitas Resident
Measure F Proponent, Patient &r
Encinitas Resident
Encinitas Resident
Working Mother, Chronic Back Pain Patient
Physician, Encinitas Resident

Rebuttal to Arguments For
Encinitas residents, youth advocates, parents, public health and safety experts refute Measure F proponents misleading arguments:

California law does NOT allow for marijuana storefronts.

Measure F is wrong, access to marijuana is just a computer click or phone call away. Check `weedmaps' on your computer for a list of businesses providing daily doorstep delivery, great for fragile patients, keeping the commercialization of marijuana storefronts from our shopping centers.

Measure F neglects to mention that State Proposition 19 to legalize marijuana was defeated in
2012. In 2014, none of the four pro marijuana legalization measures made it onto the ballot due to lack of signatures supporting these questionable measures. Californians know what marijuana storefronts really are all about; they don't want them. California Supreme Court says Counties and Cities can ban marijuana storefronts, and 85 % of the Counties and Cities have.

Measure F was brought forward by well-paid signature gatherers and an association of marijuana storefront owners, not patients.

Measure F falls extremely short of protecting Encinitas and its youth. Measure F would allow marijuana storefronts 600 feet away from areas where children play or go to school, and 1000 feet away from each other, creating a marijuana storefront district. Security equipment is necessary since marijuana storefronts are a magnet for illicit drug users and robberies.

Measure F does not include cost recovery fees as the proponents claim, nor allow the city to enforce a tax.

Measure F diminishes our community charm.

Join Encinitas residents, Vote NO.

Resident + Cancer Survivor
Emergency Medicine Physician
Resident, Encinitas Union
School District, School Boardmember
Resident + V.P. Sales
Resident-Local Community College Nurse Practioner

Do not be misled: The pot shop measure is not about compassionate use of marijuana for seriously ill patients. State law already allows for the closed network exchange of marijuana between a patient and a caregiver who has "...consistently assumed responsibility for the housing, health and safety of the patient" (Attorney General Guidelines) It does not allow for the retail sale of marijuana from a storefront.

This initiative would allow up to seven pot shops in Encinitas, making Encinitas the pot destination for North County; all nine neighboring cities have banned them because of the negative consequences they have experienced: This includes Del Mar and Solana Beach who voted against pot shop measures in 2012.

We have watched San Diego try to unsuccessfully regulate pot shops and know that it is a lawless business. San Diego data indicates census tracts with marijuana storefronts have twice as many property and violent crimes as census tracts without them. Marijuana storefronts have been crime magnets because they have ready cash and an easy product to steal.

In addition, research indicates that marijuana is being diverted from these shops to our teens. In the San Dieguito region, teen use of marijuana has been increasing for the last five years, interfering with academic success and motivation. Adolescent treatment counselors indicate that teens name marijuana 75% of the time as the reason they are coming to alcohol and drug treatment programs.

City attorneys' impact analyses state that the measure's proposed 2.5% additional sales tax can't happen because it violates state tax law. Furthermore Encinitas will incur substantial costs, from public safety to court expenses, trying to regulate pot shops.

Vote NO. Pot shops are unnecessary, pose known regulation problems, provide easy access to youth and will erode Encinitas reputation and quality of life.

Resident, President Herman Cook
San Diegans for
Safe Neighborhoods
Executive Director CADFY
Californians for Drug Free Youth

Rebuttal to Arguments Against
Medical marijuana dispensaries have been repeatedly proven legal through the California courts and the State legislature. For this reason, numerous municipalities around the state, including San Diego City and Los Angeles, regulate medial marijuana dispensaries.

However, there are no local regulations of dispensaries in Encinitas - limiting access for patients, and limiting the City's ability to provide oversight, and collect revenue from dispensaries. Since medical marijuana dispensaries exist, under California State law, we believe it is smarter to provide strict zoning and public safety regulations, to ensure that dispensaries are a medical benefit for our citizens and a financial win for our community.

By regulating the distribution of medical marijuana, we have the ability to reduce youth access, as there will be less opportunity for black market suppliers in our city.

In San Diego City, medical marijuana dispensaries have displaced much of the black market sales, and over the last five years, marijuana use among high school students has dropped and the crime rate has also substantially decreased.

Regulating medical marijuana dispensaries will help our city budget. Currently, Encinitas collects no revenue from dispensaries, since they are not regulated by the city. Under Measure F, fees will cover all costs associated with dispensary oversight. Sales tax revenue will go the City's general fund for the benefit of our community.

Vote Yes on Measure F to enhance the reputation of Encinitas, as a pragmatic, compassionate, community that believes in regulation and oversight.

Learn more at

Former Deputy Sheriff
Former Prosecutor
Chair, San Diego Americans for
Safe Access
Law Professor and Former
Head of the City of San Diego
Medical Marijuana Task Force
Local CEO and Encinitas Resident

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