Long Beach, CA
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File #: 13-0786    Version: 1 Name: CD2-Med Marijuana Ballot Initiative
Type: Agenda Item Status: Approved
File created: 9/3/2013 In control: City Council
On agenda: 9/10/2013 Final action: 9/10/2013
Title: Recommendation to request City Attorney to brief the City Council on the outcome and impact of the court hearing involving the Long Beach Citizens’ and Patients’ Rights PAC on September 9, 2013; Request City Attorney to brief the City Council on the U.S. Department of Justice Memorandum titled “Guidance Regarding Medical Marijuana”, issued on August 29, 2013; and Request City Attorney to prepare for approval by the City Council a ballot measure providing for the regulation of medical marijuana collectives for the Primary Nominating Election April 8, 2014, giving voters in the City of Long Beach an opportunity to determine the extent to which medical marijuana is regulated within city limits.
Sponsors: COUNCILMEMBER SUJA LOWENTHAL, SECOND DISTRICT, COUNCILMAN AL AUSTIN, EIGHTH DISTRICT, COUNCILMEMBER STEVEN NEAL, NINTH DISTRICT
Attachments: 1. 091013-NB-25sr&att.pdf, 2. 091013-NB-25 City Clerk Handout.pdf
Related files: 13-1099, 15-0274
TITLE
Recommendation to request City Attorney to brief the City Council on the outcome and impact of the court hearing involving the Long Beach Citizens’ and Patients’ Rights PAC on September 9, 2013;

Request City Attorney to brief the City Council on the U.S. Department of Justice Memorandum titled “Guidance Regarding Medical Marijuana”, issued on August 29, 2013; and

Request City Attorney to prepare for approval by the City Council a ballot measure providing for the regulation of medical marijuana collectives for the Primary Nominating Election April 8, 2014, giving voters in the City of Long Beach an opportunity to determine the extent to which medical marijuana is regulated within city limits.

DISCUSSION
In February, 2013, Mr. Jeremy Coltharp and Ms. Edith Frazier filed a 43,159-signature petition to authorize the City of Long Beach to regulate and tax medical-marijuana dispensaries and request a special election. The City Clerk estimated the cost of a special citywide election to be approximately $1.5 million. Shortly thereafter, the City Clerk determined through the County of Los Angeles Registrar-Recorder/County Clerk petition and signature verification system and Elections Code Section 9115 that the petition failed to meet the threshold of valid signatures for a special election [see attached Certificate of Insufficiency]. Thus, only 31,294 signatures were deemed to be valid, while 33,543 valid signatures were required (i.e. 15% of the City’s registered voters in special elections).

Believing that their petition contained sufficient voter signatures to qualify for a special election, the Petitioners requested that all 43,159 signatures be reviewed. Alternatively, in the spirit of compromise, the petitioners asked the City Clerk to certify that the Petition qualified for the City’s April 8, 2014 Primary Nominating Election, given that their Petition was signed by more than 10 percent of the voters. However, both requests were denied after revie...

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