HomeMy Public PortalAbout7I Opposition to Prop 19Tarc134 MEMORA_"N
TO:
FROM:
BY:
SUBJECT:
AGENDA
D [, MITEM 7.1.
Staff Report
THE HONORABLE CITY COUNCIL DATE: OCTOBER 19, 2010
JOSE E. PULIDO, CITY MANAGE
MARY FLANDRICK, CITY CLERK
ADOPTION OF RESOLUTION NO. 10-4703 IN OPPOSITION TO
PROPOSITION 19, THE "REGULATE, CONTROL AND TAX CANNABIS
ACT OF 2010" APPEARING ON THE NOVEMBER 2010 STATEWIDE
BALLOT
SUMMARY
The City Council is requested to adopt a resolution opposing Proposition 19, the
Regulate, Control and Tax Cannabis Act of 2010, a proposal to legalize marijuana
under State but not Federal law, and direct staff to forward a copy of the Resolution to
the League of California Cities and state legislators.
BACKGROUND
At the City Council meeting of October 5, 2010, Councilmember Blum requested that
the City Council consider adopting a Resolution opposing Proposition 19, consistent
with Council's previous actions of placing a moratorium on marijuana clinics in the City
and stating opposition to a proposed marijuana facility in the unincorporated area east
of town. The City Council concurred that this measure, if passed, would negatively
affect quality of life issues and increase public safety risks.
Proposition 19 would expand legal marijuana possession for persons age 21 and over
and permit the cultivation, transportation, and consumption of marijuana on a statewide
basis. It would also authorize local governments to tax the sale of marijuana based on
locally adopted ordinances.
The League of California Cities has officially opposed Proposition 19 because of its
potential to increase crime and the legal challenges of implementation. The changes to
land use policies allowing for marijuana cultivation under Proposition 19 could infringe
on local governments' zoning and regulatory authority.
RECOMMENDATION
It is recommended the City Council adopt Resolution No. 10-4703 and direct staff to
forward a copy of the Resolution to the League of California Cities and State legislators.
Attachment: Resolution No. 10-4703
RESOLUTION NO. 10-4703
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY CALIFORNIA, IN OPPOSITION TO PROPOSITION 19, THE
"REGULATE, CONTROL AND TAX CANNABIS ACT OF 2010"
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
WHEREAS, Proposition 19 proposes to legalize the recreational use of marijuana in California by
allowing people 21 years old or older to possess, cultivate, or transport marijuana for personal use, and proposes
to permit local governments to regulate and tax the commercial production, distribution, and sale of marijuana;
and,
WHEREAS, the marijuana related activities proposed under Proposition 19 would continue to be
prohibited under the existing federal laws that both classify marijuana as an illegal substance and provide criminal
penalties for various activities related to its use; and,
WHEREAS, currently no other state permits commercial marijuana -related activities for non -medical
purposes; and,
WHEREAS, the California Chamber of Commerce opposes the passage of Proposition 19 as it will result
in California employers losing millions of dollars in federally funded contracts and grants because they will no
longer have the ability to effectively enforce the specific requirements of the federal Drug Free Workplace Act;
and,
WHEREAS, the California Police Chiefs Association opposes Proposition 19 as it compromises the
safety of our public roadways in its failure to include an objective standard for what constitutes driving under the
influence of marijuana; and,
WHEREAS, Proposition 19 purports to authorize local governments to impose new general, excise, or
transfer taxes, as well as benefit assessments and fees on authorized marijuana related activities, but does not
address that marijuana sales would remain illegal under federal law and ignores that the U.S. Supreme Court has
ruled (Leary v. U.S. (1969) 359 U.S. 6, Marchetti v. U.S. (1969) 390 U.S. 39) that sellers may refuse to pay the
tax; and,
WHEREAS, many of the provisions within Proposition 19 permit, but do not require, the state and local
governments to take certain actions related to the regulation and taxation of marijuana, but in its failure to provide
even basic guidelines that would establish a level of consistency, Proposition 19 leaves to cities and counties the
task of individually regulating marijuana use within their borders.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF TEMPLE CITY:
SECTION 1. Finds that Proposition 19 will cause confusion and hardship to the City and to its residents
if adopted due to the conflict that it will create between State and Federal law and to the lack of clarity and
guidance that it offers to the City in addressing the City's implementation of its terms; and
SECTION 2. Does hereby join the League of California Cities and numerous public safety, education,
local government and community leaders throughout the State in opposition to Proposition 19; and
SECTION 3. Instructs staff to forward a copy of this resolution to the League of California Cities and
state legislators; and
SECTION 4. Directs the City Clerk to certify to the passage and adoption of this Resolution and enter
the same in the Book of Original Resolutions.
Resolution No. 10-4703
Page 2
PASSED, APPROVED AND ADOPTED on this 191h day of October 2010.
Mayor
ATTEST:
City Clerk
I hereby certify that the foregoing resolution, Resolution No. 10-4703, was adopted by the City Council of
the City of Temple City at a regular meeting held on the 19th day of October 2010 by the following vote:
AYES: Councilmember-
NOES: Councilmember-
ABSENT: Councilmember-
ABSTAIN: Councilmember-
City Clerk