2016 Ballot Initiatives Failed

1700. (15-0039)

      • Marijuana Legalization. Initiative Statute.
      • Summary Date: 09/16/2015 | Failed: 03/25/16
      • John Lee, Sandra Bacon-Tercero, Dege Coutee, Edie Lerman, Dave Hodges, J. David Nick, Omar Figueroa, Russell Goodrow, Michael Grafton, Jason Browne, Shona Gochenaur, Gregory Fuentes, Teresa Randolph, Lanette Davies, Denise Dorey, Richard Miller, Jason Bennett, Marc Baylen, Gregory Ledbetter, Patricia Smith, Jon Martinelli, Ron Mullins, Elihu Hernandez, Heather Burke, Gilbert Canedo, john@afpr.us
      • Legalizes marijuana under state law. Creates commission to regulate and license marijuana industry. Applies general retail sales taxes to marijuana, unless medical or dietary exemptions apply. Permits excise taxes on certain marijuana sales, up to 15% of retail price, and storage, up to 10% of wholesale price. Prohibits discrimination based on marijuana use. Bars marijuana testing for job applicants and employees, or penalizing employees for off-duty use, unless they are in safety-sensitive occupations. Permits local regulation of marijuana businesses, including ban or cap with voter approval. Exempts medical marijuana collectives from licensing and local zoning. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Net reduced costs ranging from tens of millions of dollars to potentially exceeding $100 million annually to state and local governments related to enforcing certain marijuana-related offenses, handling the related criminal cases in the court system, and incarcerating and supervising certain marijuana offenders. Net additional state and local tax revenues of potentially up to several hundred million dollars annually related to the production and sale of marijuana, most of which would be required to be spent for specific purposes such as education, public safety, and drug abuse education and treatment. (15-0039.) (Full Text)

1702. (15-0041)

      • Medical Marijuana. Initiative Constitutional Amendment.
      • Summary Date: 09/17/2015 | Failed: 03/28/16
      • Clarence Phillip Snider 12mostlyfriends@gmail.com
      • Establishes a state constitutional right for California residents 18 years of age or older to grow, own, purchase, and sell organic marijuana for medical use, without a doctor’s recommendation or prescription. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Net reduced costs to state and local governments, possibly reaching the tens of millions of dollars annually related to enforcing certain marijuana-related offenses, handling the related criminal cases in the court system, and incarcerating and supervising certain marijuana offenders. Potential additional state and local tax revenues, primarily from sales taxes, in the low hundreds of millions of dollars annually. Additional state costs of up to several tens of millions of dollars annually to administer permits to sell medical marijuana, which would be offset by any permitting fees authorized by the state. (15-0041.) (Full Text)

1703. (15-0042)

      • Initiative and Referendum Petitions. Electronic Signature Gathering. Initiative Statute.
      • Summary Date: 09/21/2015 | Failed: 04/06/16
      • Barton C. Gilbert bartgilbert@sovereignca.org

        • Authorizes electronic signature gathering for initiative and referendum petitions. Requires county elections officials to establish a digital platform to accept and process registered voters’ digital signatures, scanned thumbprints, and personal identification numbers for use in signing petitions. Prohibits election officials from discriminating between handwritten or electronic signatures. Permits proponents, at their own cost, to translate and circulate petitions in any language. Requires legislators to pay, from personal funds, the same fee to introduce legislation as proponents pay to obtain a title and summary from the Attorney General. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased costs to state and local governments to administer the initiative process. These costs include (1) one-time costs—possibly tens of millions of dollars—to state and local governments to develop new information technology systems and (2) ongoing costs to local governments of possibly millions of dollars each year. Ongoing fiscal effect on state government is not certain and depends on future decisions and actions by lawmakers. (15-0042.) (Full Text)

1705. (15-0044)

      • Medical Marijuana. Initiative Constitutional Amendment.
      • Summary Date: 09/23/2015 | Failed: 04/06/16
      • Craig Beresh, Jeffrey Byrne, Lanette Davies, Richard Fenton, Kandice Hawes, Donna Lambert, Eric Salerno, Deborah Tharp, Randall Welty, Dege Coutee, Van Ton, Rowola Maharaj, Shona Gochenaur, Marcia Blount, Richard Miller, Kimberly Cargile, Brook Hilton, and Andrew Merkel
      • Bars state and local laws restricting patients’ ability to obtain, cultivate, or transport medical marijuana, including concentrated cannabis, in any way that does not apply equally to other plants, unless the activities are within 600 feet of a school. Bars state and local laws creating noncompetitive markets for medical marijuana. Broadens definition of marijuana under state law to include all parts of, and anything made from, the marijuana plant. Bars state and local laws restricting doctors’ ability to recommend marijuana to patients in any way that does not apply equally to herbal or therapeutic treatments. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Potential increase in tax revenue related to sales of medical marijuana of tens of millions of dollars annually, depending on how the measure is interpreted by the courts. (15-0044.) (Full Text)

1711. (15-0049, Amdt. #1)

      • Marijuana Legalization. Initiative Statute.
      • Summary Date: 10/26/2015 | Failed 05/10/2016
      • Alice A. Huffman (916) 498-1898
      • Legalizes marijuana under state law. Designates the State Board of Equalization to regulate and license the marijuana industry, including medical marijuana. Provides certain exemptions for medical marijuana patients and caregivers. Imposes 10% taxes on transactions at each of the producer, processor, and retailer stages, including for medical marijuana. Allows 25 square feet of cultivation and one ounce of possession for personal consumption by persons 21 and over. Permits local regulation and taxation of marijuana businesses. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Reduced costs ranging from tens of millions of dollars to potentially exceeding $100 million annually to state and local governments related to enforcing certain marijuana-related offenses, handling the related criminal cases in the court system, and incarcerating and supervising certain marijuana offenders. Additional state and local tax revenues of potentially up to several hundred million dollars annually from taxes on the production and sale of marijuana, a portion of which is required to be spent on substance abuse education, prevention, research, and healthcare, and regulation of commercial marijuana activities. (15-0049.) (Full Text)

1712. (15-0050)

      • Marijuana Legalization. Initiative Statute.
      • Summary Date: 10/28/2015 | Failed: 05/10/16
      • Berton Duzy and Michael Jolson (805) 402-1212 or (831) 252-4637
      • Legalizes marijuana and hemp under state law. Requires case-by-case review of charges or convictions for nonviolent marijuana offenses for possible sentence modification, amnesty, or immediate release from prison, jail, parole, or probation, and for possible clearance of criminal records. Requires Legislature to adopt laws to license and tax commercial marijuana sales. Allows doctors to approve or recommend marijuana for patients, regardless of age. Allows medical marijuana patients to designate collectives or dispensaries as primary caregivers. Limits testing for marijuana for employment or insurance purposes. Bars state or local aid to enforce federal marijuana laws. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Reduced costs ranging from tens of millions of dollars to potentially exceeding $100 million annually to state and local governments related to enforcing certain marijuana-related offenses, handling the related criminal cases in the court system, and incarcerating and supervising certain marijuana offenders. Net additional tax revenues of potentially up to several hundred million dollars annually related to the production and sale of marijuana and industrial hemp, a portion of which is required to be spent on marijuana-related research and other activities. (15-0050.) (Full Text)

1714. (15-0052A2)

        Marijuana Legalization. Initiative Statute.Summary Date: 10/29/2015 | Failed: 05/17/16Chad M. Hines and Marinda D. Hanes (415) 915-5420

        • Legalizes marijuana under state law. Creates commission to license and regulate marijuana industry. Establishes procedures for resentencing of persons convicted of nonviolent marijuana offenses. Imposes state excise tax on marijuana of $.42 per gram of dried marijuana and $2.00 per gram of concentrated marijuana. Imposes temporary additional state excise tax of 2.5% on marijuana retail sales. Permits local taxes of up to 10% on marijuana sales, with voter approval. Provides for collection of marijuana taxes by Board of Equalization. Exempts medical marijuana from some taxation. Limits local regulation of marijuana. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Reduced costs ranging from tens of millions of dollars to potentially exceeding $100 million annually to state and local governments related to enforcing certain marijuana-related offenses, handling the related criminal cases in the court system, and incarcerating and supervising certain marijuana offenders. Net additional state and local tax revenues of potentially up to several hundred million dollars annually related to the production and sale of marijuana, most of which is designated to be spent on drug education and counseling services, state parks, research related to the medical use of marijuana, and regulation of commercial marijuana activities. (15-0052.)(Full Text)

1722. (15-0060)

      • Marijuana Legalization. Initiative Statute.
      • Summary Date: 11/10/2015 | Circulation Deadline: 05/09/16 | Signatures Required: 365,880Failed: 05/25/16
      • Sam H. Clauder II (707) 656-4367 ccuc2016@gmail.com
      • Legalizes marijuana and hemp under state law. Imposes sales and use taxes on marijuana, including some medical marijuana. Allows Legislature to adopt laws to license and tax commercial marijuana activities. Creates commission to make recommendations to the Legislature. Permits some local regulation of marijuana possession, cultivation, or consumption. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Reduced costs ranging from tens of millions of dollars to potentially exceeding $100 million annually to state and local governments related to enforcing certain marijuana-related offenses, handling the related criminal cases in the court system, and incarcerating and supervising certain marijuana offenders. Net additional state and local tax revenues of potentially up to the low hundreds of millions of dollars annually related to the production and sale of marijuana, some of which would be required to be spent for specific purposes including regulating the marijuana industry and education, research, and substance abuse counseling and education services. (15-0060.) (Full Text)

1730. (15-0069)

      • Medical Marijuana. Initiative Statute.  Failed: 06/06/16
      • Summary Date: 11/25/2015 | Circulation Deadline: 05/23/16 | Signatures Required: 365,880
      • Roger D. Morgan, Scott Chipman, Carla Lowe, and Ron Allen (916) 434-5629 rogermorgan339@gmail.com
      • Bans all privately owned medical marijuana cultivation sites and dispensaries. Creates state-owned/operated dispensaries, and a single state-owned/operated site for medical marijuana cultivation, testing, and processing. Allows local governments to ban or restrict the number and location of state-owned dispensaries. Establishes packaging, lab testing, and potency standards for medical marijuana. Sets minimum age for medical marijuana use, at 21. Requires adoption of strict standards to govern physician medical marijuana recommendations for their patients. Specifies marijuana blood-content levels that establish driving under the influence. Retains current prohibition on recreational use of marijuana. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Unknown change in state and local revenues related to sales of medical marijuana depending on how the measure is implemented by the state. Increased state costs of millions to tens of millions of dollars annually to implement a program to educate K-12 students and their teachers and parents regarding marijuana use. (15-0069.) (Full Text)

1735. (15-0075A1)

      • Marijuana Legalization. Initiative Statute. Failed: 06/17/16
      • Summary Date: 12/09/2015 | Circulation Deadline: 06/06/16 | Signatures Required: 365,880
      • Dale Sky Jones and Alice A. Huffman (510) 251-1544
      • Legalizes marijuana under state law. Creates office and commission to license and regulate marijuana industry. Imposes state taxes of $2 per square foot of marijuana cultivation, $1 to $15 per ounce of marijuana production, 10% of retail sales price for edible marijuana products and concentrated extracts, and 5% for other retail sales. Imposes additional 5% local tax on retail sales. Exempts medical marijuana from some taxation. Provides for collection of taxes by State Board of Equalization. Authorizes resentencing and destruction of records for prior marijuana convictions. Allows limited local regulation of marijuana. Eases state restrictions on industrial hemp farming. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Net reduced costs ranging from tens of millions of dollars to potentially exceeding $100 million annually to state and local governments related to enforcing certain marijuana-related offenses, handling the related criminal cases in the court system, and incarcerating and supervising certain marijuana offenders. Additional state and local tax revenues potentially ranging from the high hundreds of millions of dollars to over $1 billion annually related to the production and sale of marijuana, most of which would be required to be spent for specific purposes such as education, environmental protection, marijuana-related research, and substance use treatment. (15-0075.) (Full Text)

1744. (15-0085A1)

      • Marijuana Legalization. Initiative Statute. FAILED 07/01/2016
      • Summary Date: 12/22/2015 | Circulation Deadline: 06/20/16 | Signatures Required: 365,880
      • Editte Dalya Lerman, David Nick, Omar Figueroa, Dave Hodges, John W. Lee, Michael Grafton, Archie Hinkle, Degé Coutee, Elihu Hernandez, Steve Kubby, A. Jon Martinelli, Lanette M. Davies, Craig Beresh, Deborah Tharp, Dona Frank, Jason W. Bennett, Gilbert E. Canedo, Denise Dorey, Russell Goodrow, Gregory Charles Ledbetter, Gregory F. Fuentes, Sandra Bacon Tercero, Shona Levana Gochenaur, Richard Miller, Jason Browne, Ron E. Mullins, c/o John Lee john@afpr.us
      • Legalizes marijuana under state law. Creates commission to regulate and license marijuana industry. Applies general retail sales taxes to marijuana, unless medical or dietary exemptions apply. Permits excise taxes on certain marijuana sales, up to 15% of retail price, and storage, up to 10% of wholesale price. Prohibits discrimination based on marijuana use. Restricts marijuana testing for job applicants and employees, or penalizing employees for off-duty use, unless they are in safety-sensitive occupations. Permits local regulation of marijuana businesses, including ban or limit on number with voter approval. Exempts medical marijuana collectives from licensing requirements. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Net reduced costs ranging from tens of millions of dollars to potentially exceeding $100 million annually to state and local governments related to enforcing certain marijuana-related offenses, handling the related criminal cases in the court system, and incarcerating and supervising certain marijuana offenders. Net additional state and local tax revenues of potentially up to several hundred million dollars annually related to the production and sale of marijuana, most of which would be required to be spent for specific purposes such as education, public safety, and drug abuse education and treatment. (15-0085.) (Full Text)

1745. (15-0086A1)

      • Marijuana Legalization. Initiative Statute. Failed 7/1/2016
      • Summary Date: 12/22/2015 | Circulation Deadline: 06/20/16 | Signatures Required: 365,880
      • Editte Dalya Lerman, Dave Hodges, Michael Grafton, Steve Kubby, Ron E. Mullins, David Nick, John W. Lee, Russell Goodrow, Richard Miller, c/o John Lee john@afpr.us
      • Legalizes marijuana under state law. Creates commission to regulate and license marijuana industry. Applies general retail sales taxes to marijuana, unless medical or dietary exemptions apply. Permits excise tax on marijuana, up to 12% of retail price. Permits local governments to ban or limit the number of marijuana businesses within their boundaries if their voters approve. Requires each county sheriff to establish marijuana-specific diversion programs for marijuana offenders. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Net reduced costs ranging from tens of millions of dollars to potentially exceeding $100 million annually to state and local governments related to enforcing certain marijuana-related offenses, handling the related criminal cases in the court system, and incarcerating and supervising certain marijuana offenders. Net additional state and local tax revenues of potentially up to several hundred million dollars annually related to the production and sale of marijuana, a portion of which would be required to be spent for specific purposes such as education, public safety, and drug abuse education and treatment. (15-0086.) (Full Text)

1746. (15-0087)

      • Marijuana Legalization. Initiative Statute. FAILED 7/1/2016
      • Summary Date: 12/22/2015 | Circulation Deadline: 06/20/16 | Signatures Required: 365,880
      • Editte Dalya Lerman, Dave Hodges, Michael Grafton, Steve Kubby, Ron E. Mullins, David Nick, Russell Goodrow, Richard Miller, c/o John Lee john@afpr.us
      • Legalizes marijuana under state law. Applies general retail sales taxes to non-medical marijuana. Permits Legislature to place additional excise tax on non-medical marijuana sales, up to 15% of retail price. Permits local governments to ban or limit the number of marijuana businesses within their boundaries if their voters approve. Requires State to create and fund diversion programs in each county exclusively for marijuana offenders. Requires Legislature to pass laws implementing the initiative by January 1, 2018. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Reduced costs ranging from tens of millions of dollars to potentially exceeding $100 million annually to state and local governments related to enforcing certain marijuana-related offenses, handling the related criminal cases in the court system, and incarcerating and supervising certain marijuana offenders. Net additional state and local tax revenues of potentially up to several hundred million dollars annually related to the production and sale of marijuana. (15-0087.) (Full Text)

1720. (15-0058)

    • Marijuana Legalization. Initiative Statute.
    • Summary Date: 11/09/2015 | Circulation Deadline: 05/09/16 | Signatures Required: 365,880 Failed: 05/25/16
    • Sam H. Clauder II (707) 656-4367 ccuc2016@gmail.com
    • Legalizes marijuana and hemp under state law. Imposes sales and use taxes on marijuana, including some medical marijuana. Allows Legislature to adopt laws to license and tax commercial marijuana activities. Creates commission to make recommendations to the Legislature. Permits some local regulation of marijuana possession, cultivation, or consumption. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Reduced costs ranging from tens of millions of dollars to potentially exceeding $100 million annually to state and local governments related to enforcing certain marijuana-related offenses, handling the related criminal cases in the court system, and incarcerating and supervising certain marijuana offenders. Net additional state and local tax revenues of potentially up to the low hundreds of millions of dollars annually related to the production and sale of marijuana, some of which would be required to be spent for specific purposes including regulating the marijuana industry and education, research, and substance abuse counseling and education services. (15-0058.)(Full Text)