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CHAPTER 2 <br />LEGAL ISSUES <br />This chapter presents a legal analysis of the Santa Ana Medical Cannabis Restriction <br />and Limitation Initiative prepared by the City Attorney. It provides an overview of the <br />statutory procedures for placing a local initiative on the ballot, a review of state and <br />federal laws relating to marijuana, provides a summary of the initiative, examines the <br />legal validity of the initiative, and sets forth the procedures for a legal challenge to the <br />initiative. <br />Overview of Statutory Procedures for Local Initiatives <br />An initiative is "the power of the electors to propose statutes and amendments to the <br />Constitution and adopt and/or reject them." (Cal. Const. art. II § 8(a).) Initiative powers <br />may be exercised by the electors of each city under procedures established by the <br />Legislature. (Cal. Const. art II, § 11.) California Elections Code Sections 9200, et sec <br />sets forth the statutory procedures for city initiatives. <br />The initiative process commences on the filing of the text of the initiative and a notice of <br />intent to circulate petition with the city clerk. (Elections Code § 9202.) Within fifteen <br />days, the city attorney must provide an impartial analysis and non-argumentative ballot <br />title and summary summarizing what the measure says. (Elections Code § 9203.) <br />The proponents of the measure must publish or post the notice of intention and the title <br />and summary of the proposed measure. (Elections Code § 9205.) When notice is <br />published, the publication must be in a newspaper of general circulation for the city. It is <br />not required that the entire text of the measure be published. <br />After publication or posting, the proponents may circulate the petition among the <br />registered voters of the city. (Elections Code § 9207.) The petition must be signed and <br />circulated in accordance with Section 9207 of the Elections Code. <br />Elections Code Section 9209 requires that each section of an initiative have a <br />declaration of the person soliciting the signatures attached. The statute further requires <br />that the declaration include a statement that the circulator is a voter of the city. <br />(Elections Code § 9209.) <br />After signatures are secured, the petition is filed with the city clerk. The petition must be <br />filed within 180 days of the receipt of the title and summary. (Elections Code § 9208.) <br />If an initiative petition has signatures equal to fifteen percent or more of the registered <br />voters of the city and contains a request for a special election, the measure must be <br />submitted to the voters at a special election to be held not less than 88 days nor more <br />than 103 days after the city council's decision. (Elections Code § 9214.) If the petition <br />does not contain a request for a special election and has signatures equal to ten <br />percent or more of the registered voters and is not passed without changes, the city <br />council must place the measure on the ballot at the next regular election held not fewer <br />than 88 days after the city council's decision, provided the petition contains the <br />signatures of at least ten percent of the registered voters. (Elections Code § 9215.) <br />4 <br />65A-10