Pubdate: Fri, 12 Nov 2010 Source: Record, The (Stockton, CA) Copyright: 2010 The Record Contact: http://www.recordnet.com/apps/pbcs.dll/section?Category=A_OPINION05 Website: http://www.recordnet.com/ Details: http://www.mapinc.org/media/428 Author: Daniel Thigpen Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) POT TAX READY IF WE EVER NEED IT Stockton Voters Make It Clear: Future City Businesses Should Share Their Revenue STOCKTON - California voters last week were not ready to expand legal marijuana for recreational use. But taxing pot: Voters in Stockton and elsewhere were enthusiastically behind such measures. Nearly 67 percent of Stockton voters approved Measure I, which allows the city to levy a 2.5 percent tax on sales at medical marijuana dispensaries. It also allows a 10 percent tax on all other marijuana businesses should voters legalize pot for nonmedical uses in the future. For now, that won't happen. Roughly 54 percent of voters statewide rejected Proposition 19, the initiative that would have legalized recreational marijuana. What it means for Stockton: The city can now move forward with taxing the future medical pot dispensaries should any apply to operate under Stockton's new regulations. But if proponents of recreational marijuana succeed at legalizing it in the future - and they've already indicated they will try again - Stockton will not have to go back to voters to approve a new tax. "We wrote (the measure) that way on purpose, because you just never know whether there will be future legislation," said City Attorney John Luebberke. That voters in Stockton and beyond would reject legalizing marijuana beyond medical use but vote to tax it was not a surprise to Dale Gieringer, the California director of the National Organization for the Reform of Marijuana Laws. "(Voters) don't want it to be legal," Gieringer said. But their attitude is, "If we're going to have it, we should tax it," he said. If anything, taxing medical marijuana adds more legitimacy and acceptance to the practice, Gieringer said. Across California, voters in other cities passed measures similar to Stockton's. In Sacramento, the city can now levy a tax of up to 4 percent on medical pot outlets. Berkeley's tax is 2.5 percent, and in Oakland, a 1.8 percent tax rate increased to 5 percent. With the tax approval, Stockton is inching closer to regulating and making money off of medical marijuana dispensaries. City leaders in August approved rules to regulate those operations. The restrictions cap the number of dispensaries in the city limits at three, with a future limit of one per 100,000 residents as the city grows. There are other restrictions on where the outlets can locate, and dispensaries must obtain a $30,000 operator's permit in addition to other fees. Operators who want to open a dispensary in Stockton must apply by Nov. 29. So far, no applications have been submitted, said Deputy City Attorney Guy Petzold. - --- MAP posted-by: Richard Lake