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HomeMy WebLinkAboutRES 339 Draft 01 2014-2016OFFICE INFORMATION ONLY Meeting: Council—December 2. 2015 Action: Postponed indefinitely Re: Res. 339-15: Comm. 559; (2014-2016 term): GREDC-4 not adopted) COUNTY OF HAWAII JM�-4 OF M STATE OF HAWAII 1T� OF RESOLUTION NO. 339 15 A RESOLUTION URGING THE HAWAII STATE LEGISLATURE TO AMEND ACT 241, RELATING TO MEDICAL MARIJUANA, TO ESTABLISH A COUNTY SALES TAX ON MEDICAL MARIJUANA SOLD AT DISPENSARIES. WHEREAS, the purpose of Act 241, signed into law on July 14, 2015, is to establish a regulated statewide dispensary system for medical marijuana to ensure safe and legal access to medical marijuana for qualifying patients; and WHEREAS, Act 241 does not allow the counties to levy a tax on the sale of medical marijuana from dispensaries; and WHEREAS, based on the experience of municipalities that currently permit medical marijuana dispensaries, the operation of medical marijuana dispensaries and production centers will create a significant new burden on the social and emergency services that are provided by the counties; and WHEREAS, each county, by ordinance, should be allowed to charge dispensaries located within the county a tax of up to 5% of gross sales, which may be collected quarterly or annually; and WHEREAS, the Hawaii County Council finds that Act 241 could be improved by incorporating amendments to establish a county sales tax on medical marijuana sold at dispensaries; and WHEREAS, language in Act 241 to be deleted is bracketed and stricken through and language to be added is underscored, as indicated in the attached Exhibit A; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAFI that the Hawaii State Legislature is urged to amend Act 241 with the contents of Exhibit A. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Honorable Senator Lorraine R. Inouye, the Honorable Senator Gilbert Kahele, the Honorable Senator Russell E. Ruderman, the Honorable Senator Josh Green, the Honorable Representative Mark M. Nakashima, the Honorable Representative Clift Tsuji, the Honorable Representative Richard H.K. Onishi, the Honorable Representative Joy A. San Buenaventura, the Honorable Representative Richard P. Creagan, the Honorable Representative Nicole E. Lowen, and the Honorable Representative Cindy Evans. Dated at , Hawai`i, this day of , 20_ INTRODUCED BY: r (L1 COUNCIL BER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii CHUNG 1 hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on ATTEST: DAVID EOFF (LAGAN KANUHA ONISHI PALEKA POINDEXTER WILLE Reference: C-559/GREDC COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 339 13 Exhibit A Adds a new section to the newly created chapter, MEDICAL MARIJUANA DISPENSARY SYSTEM, as follows: "� -28 County taxation. Each county may by ordinance impose a tax of up to 5% on the gross sales of any dispensary located within the county, which tax may be collected on a quarterly or annual basis."