Manhattan Beach To Vote Up or Down on Pot Shops in November
Jul 19, 2022 10:19PM ● By Jeanne Fratello
The Manhattan Beach City Council on Tuesday night approved a measure for the November 8 ballot to prohibit the commercial sale of cannabis. The measure will be in direct competition with an industry-sponsored measure on the same ballot that would create provisions for "pot shops" to operate in Manhattan Beach.
The City Council's measure, approved 4-0 by the council (with Councilmember Richard Montgomery abstaining due to a potential conflict of interest), would reaffirm the city's prohibition of all commercial cannabis activities in the city.
As the council has debated the issue throughout the spring, all four councilmembers involved in the discussion have reiterated that they do not want to see commercial cannabis activity in Manhattan Beach.
At issue in the conversation was whether the city should consider adding other measures that would further tax and regulate cannabis sales if the industry-sponsored measure should pass.
However, councilmembers ultimately decided to keep the issue simple for voters, with a "yes" or "no" vote on the industry-sponsored measure, and a "yes" or "no" vote on the city-sponsored measure.
Normally, a ballot measure would need a majority (50% + 1) vote to pass. However, since these two measures are in direct conflict, the provisions of the measure receiving the highest number of affirmative votes in November will prevail.
Should City Protect Itself By Enacting High Taxes?
At Tuesday night's meeting, councilmembers considered whether the city should consider approving additional measures specifying a high tax (15 to 20 percent) on cannabis sales, so that the city could "protect" itself in the event of the industry measure passing.
However, Mayor Steve Napolitano said he believed that the city would have time to enact such restrictions if it needed to after the election.
"Even if the pot shop initiative passes, and allows pot shops in Manhattan Beach, they don’t start up the next day," said Napolitano. "L.A. is still struggling to get through the regulations. They have still not put together an effective or efficient way to license it... It could very well be that way here. I don’t mind [approving a tax measure for the November ballot] but I wouldn’t say we’re unprotected."
Napolitano added that the city could put a tax on cannabis in two years if the industry measure passes, or could even consider having a special election to put taxes on the ballot if needed.
Councilmembers agreed that simplifying the choices at the November 8, 2022 ballot would be the best way to ensure that voters understood what they were supporting.
Industry-Supported Ballot Measure Would Allow Sales
Back in April, the City Council grudgingly gave approval,
on a 4-0 vote, to accept the verified signatures and to certify the industry-sponsored ballot initiative
to allow commercial cannabis activity for the November 8, 2022, ballot.
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.
Prop. 64 Allowed Local Bans
The state law that
legalized cannabis sales, Proposition 64, was passed by California 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 of them.
In late 2017, the city passed an ordinance banning commercial 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."
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 of them.
In late 2017, the city passed an ordinance banning commercial 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."
The new ballot measure approved by City Council on Tuesday would re-adopt and thereby reaffirm that ordinance.
