Election law clouds marijuana initiatives
The Costa Mesa City Council unanimously approved a series of studies Tuesday night that will examine effects of medical marijuana dispensaries that could return to the city next year.
The move was in response to two citizen petitions recently certified by the county registrar that call for a special election to bring the question of permitting the dispensaries.
Costa Mesa has banned dispensaries since 2005, though some openly maintained their operations until federal shutdowns in 2012.
The city has up to 30 days to complete the studies, which are likely to include input from a variety of city departments, including the police.
A legal question about when to hold an election for the petitions, however, remained unanswered Tuesday.
Because the marijuana proposals include a new 6% tax, the state Constitution, under changes mandated by Proposition 218, requires that tax decisions occur during an election when voters decide the city’s governing body. In Costa Mesa’s case, that wouldn’t be until the next City Council race during the general election of November 2016.
The law also does not allow the council to take out the tax provision to be decided upon later or otherwise alter the petitions in any way.
Under state election code, however, Costa Mesa is all but forced to hold special elections for the petitions as early as February.
City officials are weary of a lawsuit in either scenario, from the marijuana petitioners seeing their proposals get delayed for nearly two years, or from taxpayer advocates who want to uphold Proposition 218.
On Monday, Mayor Jim Righeimer contacted Jon Coupal, president of the Howard Jarvis Taxpayers Assn., about Costa Mesa’s legal question. Righeimer said he asked if holding a special election with the tax in it would violate Proposition 218.
Coupal wrote that it would. Via email, he said Proposition 218 requires the vote to take place during a general election because the taxes generated from the dispensaries would go into the city’s general fund.
A special election, however, “for a proposed general fund tax increase in the city of Costa Mesa would violate this provision,” Coupal wrote to Righeimer.
Costa Mesa resident Sue Lester, a former marijuana collective operator, urged the city to gain control of dispensaries.
“It can be the wild, wild West if you do not get a handle on this,” she said.
Santa Ana Councilman Sal Tinajero attended the meeting and urged Costa Mesa to take heed of the growing medical marijuana issues. He cited this month’s successful passing of Santa Ana Measure BB.
“Times have changed,” Tinajero said. “The mindset about regulating this industry is favorable in the community ... I want to see cities embrace this. Create your plan that’s going to work for you.”
One of the petitions would permit up to eight dispensaries in Costa Mesa that are at least 600 feet apart. The second petition would allow four that are at least 1,000 feet apart.
