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Prop W Initiative Summary

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The Solana Beach city attorney has prepared the following title and summary of the chief purpose and points of the proposed measure:

 

AN INITIATIVE AMENDING THE SOLANA BEACH MUNICIPAL CODE TO ALLOW MEDICAL MARIJUANA DISPENSARIES IN NONRESIDENTIAL ZONES IN THE CITY OF SOLANA BEACH

 

Currently, medical marijuana dispensaries are prohibited in the City of Solana Beach. This citizen-sponsored initiative would repeal these limitations and authorize medical marijuana dispensaries without size restrictions in all nonresidential zones appropriate for commercial, manufacturing, industrial or retail sales uses, including health care uses. Pursuant to the initiative, dispensaries would not be allowed to locate within 1,000 feet of another dispensary or within a 600 foot radius of a school or playground.

 

The initiative requires city officials to issue an operating permit and business license to any applicant seeking to open a dispensary that meets the applicable location requirements; that has a plan to meet the initiative’s operational requirements; and whose directors do not have serious felony convictions, as defined in California Penal Code Section 1192.7(c).

 

The initiative prohibits law enforcement from arresting or seizing marijuana from qualified patients, caregivers and dispensary personnel.

 

The initiative would impose the following operational regulations on dispensaries, including the requirements that dispensaries

·         install lighting,

·         security cameras and alarm systems;

·         have a licensed security guard on site during operating hours;

·         securely store marijuana;

·         prohibit marijuana from being visible from outside of a dispensary;

·         and comply with labeling requirements for food and beverages containing marijuana.

·         The initiative would allow dispensaries to operate everyday from 8:00 a.m. to 10 p.m.

The initiative would allow a dispensary to provide marijuana to a minor if the minor is a qualified patient and is accompanied by a parent or guardian.

The initiative prohibits on-site medical evaluations, on-site consumption and smoking of marijuana, and sale of alcoholic beverages by dispensaries.

The initiative further provides that dispensary sales shall be subject to a 2.5% sales tax in addition to other state and local sales tax applicable to sales transactions in Solana Beach, which would be allocated to the City’s general fund.

Finally, the initiative contains a provision indicating that if any of its provisions are declared unconstitutional, the initiative should be permitted to remain in effect to the fullest extent possible.

PLEASE NOTE THAT THIS SUMMARY IS INCLUDED SINCE WE CONSIDER IT TO BE AN ACCURATE, THOROUGH AND CONCISE EXPLANATION OF THE INITIATIVE.  THE INCLUSION OF THIS DOCUMENT IN OUR PRESENTATION MATERIAL DOES NOT CONSTITUTE AN ENDORSEMENT OF THE INITIATIVE BY THE CITY ATTORNEY, WHO ACTS AS A NUETRAL PARTY IN THIS CITIZENS’ INITIATIVE PROCEEDINGS.  

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