Pubdate: Fri, 21 Jun 2013
Source: La Jolla Today (CA)
Copyright: 2013 San Diego Community News Group
Contact:  http://sdnews.com/pages/home?site=ljvn
Details: http://www.mapinc.org/media/5449
Author: Dave Schwab

AMID QUESTIONS OF LEGALITY, SOME MARIJUANA DISPENSARIES SETTING UP SHOP

Medical marijuana dispensaries, including a handful along the
beachfront, are beginning to pop up again, apparently taking advantage
of continuing legal uncertainties over the hot-button political issue.

"At least three have opened in Pacific Beach, and it's not just there
but all over San Diego," said Tony Franco, broker at Income Property
Investors, Inc. covering Point Loma to La Jolla.

A commercial Realtor for a decade along the waterfront, Franco said he
has recently noticed a distinct uptick in demand for dispensary
locations after a long lull. Full disclosure: Franco writes occasional
columns on commercial real estate for the Beach & Bay Press.

"In 2009 there were several places for rent for marijuana dispensaries
through commercial real-estate leasing," he said. "That all died down
in 2011-12."

What killed dispensaries then is what Franco refers to as the
"three-headed monster" - the IRS, political attacks on their legality
and a law enforcement crackdown by San Diego U.S. Attorney Laura Duffy.

"Dispensaries were attacked from different angles, such as law
enforcement seizing landlord's property," Franco said, adding that
now, with a new, more favorable mayoral administration, the political
climate has changed.

"[Mayor Bob] Filner has voiced a pro-[medical marijuana] opinion,
which has led dispensaries to be brave again and start opening up
retail shops with landlords that are liberal-minded enough to permit
them," Franco said. "Now in 2013, my phone is ringing again with
inquiries from operators that want to open up a [dispensary] business."

Franco thinks that, if done right, the return of dispensaries could be
positive.

"If we legitimize these businesses and do proper permitting with
construction upgrades, they could be profitable businesses, employ
people and be good for the economy," he said.

Members of beachfront planning groups, like those in Pacific Beach and
Bird Rock, which have watched medical marijuana dispensaries emerge in
those areas before, have mixed feelings about their return.

"The position of the Bird Rock Community Council has not changed. We
are against the location of marijuana dispensaries in our
neighborhood," said advisory group chair Jacqueline Bell.

Public opinion over the dispensary issue is not nearly as clear in
Pacific Beach. Brian Curry, chairman of the Pacific Beach Planning
Group, said the community remains divided over the issue.

"I've entertained many inquiries from PB residents who are very
concerned about the proliferation of dispensaries, who felt that they
were not necessarily for sick people that need marijuana to treat
their illnesses but for recreational use, which is a problem and an
issue," Curry said. "But there are also some in Pacific Beach who were
supportive of them before, think they're great and are amicable about
the possibility of them returning."

Curry said Pacific Beach planners have not taken a position for or
against dispensaries, adding that board members themselves have mixed
feelings on the issue. Curry said the planning group has adopted a
wait-and-see attitude toward dispensaries.

"There's probably a reasonable - and rational - way to handle this,"
he said. "Hopefully, the mayor and the City Council will figure it
out."

Filner, a medical marijuana proponent, said recently that
dispensaries, at present, are not legally permissible in any land-use
zones anywhere in the city, and that any that have opened have done so
illegally.

"In January, the mayor committed to preserving the status quo
regarding it being illegal to site medical marijuana dispensaries in
the city of San Diego until the time the City Council adopts a new
ordinance," said Lee Burdick, director of special projects and legal
affairs in Filner's office. "At the same time, [the City Council]
asked the mayor to provide them with information, including mapping
where medical marijuana dispensaries might be located. They asked for
additional cost data regarding licensing, permitting and law
enforcement. We are in the process of developing that information, and
we hope to return back to the council with that information in the
next weeks, at which point the council will decide how to follow up
with the community planning groups."

The questionable legality of dispensaries could be cleared up with a
new draft land-use Medical Marijuana Consumer Cooperative Ordinance
released recently by the city for public review.

In October 2009, the City Council voted to establish a Medical
Marijuana Task Force. In March 2011, the council voted 5-1 to approve
an ordinance allowing medical marijuana dispensaries in designated
zones. However, in September 2011 the council voted 7-1 to rescind the
ordinance.

But the city is back for a second bite out of the apple. The council
on April 22 directed the city attorney to draft a new medical
marijuana ordinance using the previously adopted 2011 ordinance as a
template.

Medical marijuana dispensaries would not be allowed within 1,000 feet
of public parks, churches, schools, child-care centers, playgrounds,
city libraries, minor-oriented facilities or other
dispensaries.

The newly revised ordinance would add a 100-foot buffer between
dispensaries and residential zones, and also prohibit them within
1,000 feet of sensitive "uses" like drug and alcohol rehabilitation
centers.

Under the new ordinance, Filner would identify those city departments
responsible for issuing permits and developing fee structures for
dispensaries. He would also be required to provide a list of community
planning groups to be contacted for input on the new land-use
dispensary ordinance, as well as providing an analysis of potential
zoning impacts, including square footage of use allowed, within each
council district.

"Marijuana dispensaries and collectives are illegal in the city of San
Diego for two reasons," said Golsmith in a written statement. "First,
they are a criminal enterprise under federal laws. Second, there is no
zoning in the city of San Diego which allows them to exist anywhere.
The lack of zoning can be changed by ordinance. Our office drafted an
ordinance at the request of the City Council and delivered it to the
Mayor and City Council on May 13. The actual adoption of any ordinance
regarding marijuana dispensaries is a policy question for the Mayor
and City Council to pursue as they see fit."

Several medical marijuana dispensaries and landlords leasing the
buildings to them did not reply to repeated attempts to contact them
for this article.
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MAP posted-by: Matt