Manhattan Beach to Vote on Pot Shops in November
Apr 12, 2022 12:15PM ● By Jeanne Fratello
Should Manhattan Beach allow cannabis shops to operate within its jurisdiction? That's a question that is slated to go before Manhattan Beach voters in November, following City Council action last week.
In the meantime, the City Council directed city staff to study the issue, particularly the revenue impact, taxation, and health and safety issues. The staff report is due back to council on May 3.
The City Council could propose its own counter-measure to appear on the ballot, also. The city has until August 12 to devise any such proposal.
Council Gives Grudging Approval to Ballot Measure
At last week's meeting, the City Council grudgingly gave approval, on a 4-0 vote, to accept the verified signatures and to certify a ballot initiative for the November 8, 2022, ballot. (Councilmember Richard Montgomery recused himself on the grounds of a potential conflict of interest.)
The initiative would allow a maximum of three cannabis retailers to operate in Manhattan Beach, requiring them to be located more than 1000 feet from schools and youth centers and more than 850 feet from day care centers. Delivery of cannabis products also would be permitted, but only from one of those city-licensed retailers.
The measure has extensive provisions that would allow for commercial cannabis cultivation, manufacturing of related products, and testing laboratories, but the city could opt never to allow those activities.
The measure has extensive provisions that would allow for commercial cannabis cultivation, manufacturing of related products, and testing laboratories, but the city could opt never to allow those activities.
Mayor Pro Tem Steve Napolitano emphasized that putting the issue on the ballot was a "ministerial" issue, meaning that the city has no choice but to put the measure on the ballot. "Since it is a citizens' initiative, we have to consider it because really we have no option to put it on a ballot once the signatures are collected," he said.
Councilmember Suzanne Hadley spoke against the idea behind the measure. "It is a legal product to be used; that doesn't mean we want it to be legally sold in Manhattan Beach," she said. "A city that has banned tobacco and vapes should fight this tooth and nail."
A central point of the measure was local control, by which cities would have the option to tax, regulate or prohibit storefront sales of cannabis.
Prop. 64 Allowed Local Bans
The state law that legalized cannabis sales, Proposition 64, was passed by voters in November 2016. While the measure got 58% support statewide, it attracted a greater proportion of support, 61%, within Manhattan Beach.A central point of the measure was local control, by which cities would have the option to tax, regulate or prohibit storefront sales of cannabis.
About two-thirds of California's cities did enact bans on cannabis shops before their operations became legal. Manhattan Beach was one.
In late 2017, the city passed a ban on "[c]ommercial cannabis activity." The restrictions clearly applied to storefronts, but also prohibited "all deliveries of cannabis or cannabis products to or from any location in the city."
In late 2017, the city passed a ban on "[c]ommercial cannabis activity." The restrictions clearly applied to storefronts, but also prohibited "all deliveries of cannabis or cannabis products to or from any location in the city."
'More Downside Than Upside'
Napolitano expressed his own opposition to having pot shops in Manhattan Beach, questioning the need as well as the potential impacts."I don't see the benefit to this, I see more detriment, more downside than upside in Manhattan Beach. The ban [on commercial sales] has served Manhattan Beach well, and those who want it can get it."
"Until this initiative started gathering signatures, I didn't hear from anyone ever asking for a pot shop to open in Manhattan Beach."
Napolitano continued, "Like everything else, Manhattan Beach gets its groceries and packages delivered. There's no lack of access to cannabis in Manhattan Beach. It's mainly a choice of 'Do you want to go into a shop or get it delivered?' and everyone's going to get it delivered."
MBPD did not respond before press time to an inquiry from MB News for statistics on any enforcement or arrests related to the city's 2017 ban on cannabis deliveries.
Many Local Measures Successful
In November 2020, about two dozen local-level initiatives were on municipal ballots around California, including Costa Mesa, Pomona, Hawthorne and Calabasas. Many created taxes for cannabis sales or otherwise laid the groundwork for future cannabis shops in those communities. Almost all passed.
The Manhattan Beach measure appears to be more direct and detailed in setting the terms for legal sales operations than most of the 2020 measures. It would make commercial cannabis stores subject to standard business fees and taxes. The first three permits for stores would be granted for an "indefinite" period, subject to regular reviews of business operations.
The measure's proponent is Manhattan Beach resident Derek Glunts. Similar measures are expected in Hermosa and Redondo Beach this coming November.
The Manhattan Beach measure appears to be more direct and detailed in setting the terms for legal sales operations than most of the 2020 measures. It would make commercial cannabis stores subject to standard business fees and taxes. The first three permits for stores would be granted for an "indefinite" period, subject to regular reviews of business operations.
The measure's proponent is Manhattan Beach resident Derek Glunts. Similar measures are expected in Hermosa and Redondo Beach this coming November.
