Measure P – Medical Marijuana Dispensaries & Cultivation
On June 28, 2016, the Stockton City Council approved placing two ballot Measures on the November 8, 2016, General Election ballot that would overturn the current ban on medical cannabis (marijuana) dispensaries, allow medical cannabis cultivation businesses within the City, and would allow for the increase of business license tax on medical cannabis and marijuana-related businesses. Council approved placing both Measures on the ballot by a vote of 7 – 0, adopting Resolutions 2016-06-28-1503-01 and 2016-06-28-1503-02. Measure P was approved by 55.35 percent of voters.
Measure P - Approved by Voters
Measure P was submitted to the voters for approval of lifting the ban on and expanding the number of medical marijuana dispensaries and allowing for medical marijuana cultivation locations by proposing amendments to Chapters 5.10, 16.20, 16.80 and 16.240 of the Stockton Municipal Code (SMC):
- Overturns the current ban on medical cannabis dispensaries;
- Allows up to four (4) medical cannabis dispensaries in certain commercial and industrial zones; the current municipal code allows for three (3) dispensaries and two (2) are currently operating;
- Allows up to four (4) cultivation sites in industrial zones;
- Imposes location restrictions for dispensaries and cultivation operations, including distances from sensitive locations;
- Requires use permit, operators permit, and permits for all employees;
- Does not allow dispensary owners/operators to own/operate cultivation operations within the City; and
- Does not allow cultivation owners/operators to own/operate dispensary operations within the City.
Ballot Question
The following ballot question will be submitted to the voters at the municipal election called for on Tuesday, November 8, 2016:
"Shall the Stockton Municipal Code be revised to overturn the ban on medical cannabis dispensaries; to allow within the city four medical cannabis dispensaries in certain commercial and industrial zones and four cultivation sites in certain industrial zones subject to locational restrictions and the issuance of a use permit, an operators permit, and employee permits?"
Impartial Analysis
The following impartial analysis of the proposed ballot measure has been prepared by the City Attorney and will appear in the Voter Information Guide for City of Stockton voters:
The City Council of the City of Stockton is submitting to the voters the question of whether to approve an ordinance that would amend Chapters 5.100, 16.20, 16.80, and 16.240 in a manner that would overturn the existing ban on medical cannabis businesses by permitting within the City of Stockton a total of four (4) medical cannabis dispensaries and four (4) medical cannabis cultivation sites.
Currently there exists within the city two (2) legal non-conforming medical cannabis dispensary sites, and under current law no new medical cannabis dispensaries may open and no medical cannabis cultivation businesses are permitted. This measure, if approved, would allow two (2) additional medical cannabis dispensaries to open in commercial or industrial zones and four (4) new medical cannabis cultivation sites of up to 22,000 square feet to open in industrial zones. No more than two (2) dispensaries and two (2) cultivation sites would be allowed to be located in any one City Council district.
The measure would provide for the issuance of permits for the operation of medical cannabis dispensaries and cultivation sites by the Chief of Police. Operators would be required to obtain a permit and be subject to a background check and permits would not be issued to those who have been convicted of certain violent crimes, property crimes or drug-related crimes. The permit would also require an adequate security plan and the payment of all related fees and taxes. The measure also provides a process for suspension or revocation of operators permits.
The measure would require that employees of medical cannabis businesses obtain permits issued by the Chief of Police, which include a background check. Permits would not be issued to those who have been convicted of certain violent crimes, property crimes or drug-related crimes. The measure also provides a process for suspension or revocation of employee permits.
The measure amends the City of Stockton chart of allowable land uses and permit requirements to allow medical cannabis cultivation sites in certain industrial zones and medical cannabis dispensaries in certain commercial and industrial zones subject to the issuance of a conditional use permit. No medical cannabis cultivation sites or medical cannabis dispensaries would be allowed within 1000 feet of any other medical cannabis business; within 300 feet of any residential zone; within 600 feet of any child care center, religious facility or drug treatment facility; or within 1000 feet of any park or K-12 school. The measure would not permit the owner of a medical cannabis dispensary to own or operate a medical cannabis cultivation site.
The measure specifically permits future amendment by ordinance approved by the Stockton City Council.
Frequently Asked Questions
What is Measure P?
There are currently two (2) medical cannabis dispensaries in the city of Stockton that were permitted before the current ban. Measure P would overturn the current ban on medical cannabis dispensaries and allow up to four (4) medical marijuana dispensary locations, or two (2) additional locations, in commercial or industrial zones. No more than two (2) dispensaries will be permitted within the same Council District.
Measure P will also allow medical marijuana cultivation sites at up to four (4) locations in industrial zones only. No more than two (2) cultivation locations will be permitted within the same Council District.
Dispensaries cannot be owned or operated by the same owner/operator as any other dispensary or cultivation location.
Other changes to the Stockton Municipal Code would also be made to adhere to changes in state law.
What is the Stockton Municipal Code?
The Stockton Municipal Code is a set of local laws, specific to our city, that apply within the city, in addition to state and federal law.
How come the City Council doesn’t change the Municipal Code?
The Stockton City Council can pass ordinances to change the Municipal Code after a public process. The Stockton City Council is asking voters to approve Measure P because it overturns a prior use that is now prohibited, expands the number of dispensaries allowed to four (4), and allows up to four (4) separate cultivation locations, as well.
Measure P allows the City Council to make future changes by ordinance.
Why have these changes been proposed and who is proposing them?
Community members and other interested parties have asked the City Council to lift the ban, expand the number of allowable medical marijuana dispensaries and allow cultivation of medical marijuana at permitted sites.
Where and when will these businesses be allowed to operate?
Medical marijuana dispensaries can only operate with approved permits in certain commercial or industrial zones. Medical marijuana cultivation businesses can only operate with approved permits in certain industrial zones. These businesses would not be permitted within:
- 1,000 feet of any other medical cannabis business,
- 300 feet of any residential zone,
- 600 feet of any child care center, religious facility, or drug treatment facility, or
- 1,000 feet of any park or K-12 school.
Can anyone get a permit to operate a marijuana dispensary or cultivation site?
Medical marijuana dispensary and cultivation businesses must receive approval of a use permit through an application with the Community Development Department, which requires approval by the Planning Commission. Permits must also be approved by the Chief of Police. To obtain a permit, operators and employees for these businesses must pass a background check, which will not be issued to those who have been convicted of certain violent crimes, property crimes or drug-related crimes.
Is there more information?
A complete copy of the proposed changes is available as part of the June 28, 2016, City Council Meeting Agenda Item 15.3. Following are inks to the Council Resolution and a copy of the proposed changes:
For additional information, please see Measure Q Medical Cannabis Business License Tax.
External Links
California Secretary of State - Ballot Initiative Guide
San Joaquin County Registrar of Voters
This City of Stockton web page last reviewed on --- 11/15/2016