Pubdate: Sat, 30 Jul 2016 Source: Orange County Register, The (CA) Copyright: 2016 The Orange County Register Contact: http://www.ocregister.com/ Details: http://www.mapinc.org/media/321 POT INITIATIVE'S CONSEQUENCES RUNNING WILD Think a few votes or a few thousand voters' signatures on a petition don't matter much? Think again, because a voters' petition in Upland has blown up into a case before the California Supreme Court that could determine how taxes get raised in the state. Not only that, but the initiative might even determine the Chargers' future in San Diego. No one saw any of this coming when an initiative that would legalize medical marijuana sales in Upland got enough signatures to make it to an election ballot. And it took only about 6,000 verified voters' signatures to qualify. The ballot measure would repeal Upland's ban on medical marijuana dispensaries, allowing up to three dispensaries and setting regulations on their operations. "Each permit holder would be required to pay an annual fee to the city of $75,000," the measure's summary states and that provision is what has caused it to reverberate throughout California. Lawyers for Upland and the California Cannabis Coalition, the initiative's sponsor, battled over whether that $75,000 "fee" was actually a tax because that would determine whether the city would have to call a special election for the measure or place it on the November ballot. In March, the Fourth District Appellate Court sided with the coalition, finding the fee to be a fee and not a tax. The city was going to call it quits on the legal battle, but then the Howard Jarvis Taxpayers Association agreed to represent Upland's argument at no cost to the city. On June 30, the Supreme Court said it would hear the association's appeal. The Jarvis group - and nine others that filed "friend of the court" briefs, including the National Taxpayers Association and the Pacific Legal Foundation - fear that this case could undo voter tax protections guaranteed by Propositions 13 and 218. The public agencies could sidestep voters "by colluding with outside interests to propose taxes in the form of an initiative, then adopting the initiative without a vote," wrote Jon Coupal, president of the Jarvis association. The appellate ruling could undo Prop. 13's requirement of a two-thirds vote of the electorate to impose a special tax for a specific purpose. That's why San Diego's city attorney asked the state Supreme Court to expedite the case, noting it could affect two November measures on the San Diego ballot. One would raise the hotel tax to fund a new stadium, and the other would raise the tax for other purposes. Whether they need 50 percent-plus-one or two-thirds of the vote could hinge on Upland's case. When they signed the cannabis group's petition whether because they thought the city should have dispensaries or they thought cash-strapped Upland needed the fees, or whatever else they thought voters couldn't have known they might be changing the way taxes are raised or determining where an NFL team might play. It's an amazing demonstration of the unintended consequences of initiative measures. With at least 17 on the statewide November ballot, look out. - --- MAP posted-by: Jay Bergstrom