TO: Sarah Gorman, Manager of the Services Secretariat
DE: Ariel Pierre Calonne, City Prosecutor TOPIC: Impartial Analysis of the measure of the Law on Control of
Santa Barbara marijuana by vote As indicated by the City Council in accordance with section 9280 of the Election Code, I submit the impartial analysis below
regarding the
Despencary Santa Barbara Marijuana Control Act . Is
measure was included in the vote by the City Council. I have reached the
conclusion that the measure does not affect the "organization or salaries of the
city attorney's office ”. Consequently, my unbiased analysis of the
effects of the average in current legislation and the operation of the measure to
continuation. IMPARTIAL ANALYSIS OF THE MEASURE
The Media____ promulgating the Marijuana Control Act of
Santa Barbara (the "Law"). The Law would establish a new tax
local to medical and non-medical marijuana companies at a rate of up to
20% of your gross income. The Law states that "it was promulgated solely for
increase municipal revenue for general purposes, including but not
limited to crime prevention, police services and
zoning compliance, and is not intended for regulation. "
The Law does not legalize or otherwise allow startups of
medical or non-medical (recreational) marijuana in Santa Barbara.
If the statewide initiative called "The Law of Use
Marijuana Adult "is approved by California voters in
November, the use of non-medical marijuana (Recreational). The law of
Santa Barbara Marijuana Control Allows City to Levy Taxes
to new non-medical marijuana companies that can be legalized by the
Marijuana Adult Use Law.
PRIVILEGED CONFIDENTIAL COMMUNICATION OF
LAWYER-CLIENT
Under existing city law, up to three dispensaries
medical marijuana with a street facade, can be licensed and regulated
by the city. These companies would also be taxed. The Law authorizes the City Council to reduce the tax rate for any marijuana company or to establish different tax rates.
taxes for different categories of marijuana companies, always subject to
at the maximum rate of 20%. On the other hand, law and state law prohibit you
the City Council to increase the tax rate without the future approval of the
voters. The City Council may modify or repeal the Law without future
voter approval. The marijuana business law would tax
Gross income from planting, cultivation, harvesting, transportation, production,
composition, conversion, processing, preparation, storage,
packaging, wholesaling, collective or cooperative distribution, provision
and / or retail sales of marijuana and any ancillary products in the
city, whether it made no profit or profit, and whether the business is legal or illegal.
Income from taxes applied by the
Santa Barbara cbd control law will be subject to annual audit
carried out by the independent auditor of the City, which is reported in the
Annual Financial Report of the city.
The measure___ was introduced in the vote by the
City Council of the City of Santa Bárbara.
A "Yes" is a vote to approve the CBD Control Act
marijuana of Santa Barbara and impose a new tax on the companies of
medical and non-medical marijuana businesses with a rate of up to 20% of
gross income.
A "no" vote is a vote not to approve the Control Law
of Santa Barbara marijuana, and not impose a new tax on
medical and non-medical marijuana business ventures at a rate of 20% of
gross income.