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."