Pubdate: Mon, 23 Dec 2013
Source: San Diego Union Tribune (CA)
Copyright: 2013 Union-Tribune Publishing Co.
Contact:  http://www.utsandiego.com/
Details: http://www.mapinc.org/media/386
Author: Craig Gustafson

GLORIA HOLDS LINE ON POT SHOPS

Interim Mayor Cracks Down on Dispensaries As City Council Prepares
Zoning Ordinance

Medical marijuana dispensaries in the city closed in recent
months

The city has shuttered 21 medical marijuana dispensaries in recent
months at interim Mayor Todd Gloria's behest after the illegal
businesses proliferated throughout San Diego as a result of lax
enforcement by former Mayor Bob Filner.

The reversal of fortune for dispensaries comes as Gloria is
shepherding a new zoning ordinance that would allow them to operate
legally within specified pockets in the city. The proposed legislation
is set to go before the City Council in February and could finally
resolve one of the most contentious issues in civic politics after
years of roiling debate.

Meanwhile, Gloria is laying down the law. His crackdown on
dispensaries ended a nine-month period of lawlessness that began in
January when Filner ordered police and code enforcement officials to
halt their investigations into the businesses. Filner wanted to let
them remain open while the city considered a new ordinance to allow
them.

Filner's proposal for loose restrictions on dispensaries was roundly
rejected by the City Council in April as the panel chose to resurrect
a plan it first adopted in 2011 and later rescinded in response to a
successful petition drive by med pot advocates. Throughout it all,
Filner refused to enforce the current ban. When he resigned Aug. 30
amid a sexual harassment scandal, the issue fell into Gloria's lap.

"The previous administration had informed staff that they are not to
process complaints that were received from the community," Gloria said
of Filner's policy. "I have given the direction across the board -
this is not unique to collectives - that the city staff is to follow
the law and enforce what's on the books and then if we don't like it,
change it. This is what we're doing (with the proposed ordinance)
because I think that there is substantial support for the concept of
safe access."

Of the 21 dispensaries shuttered since Gloria took over, 12 closed
their doors after an inspection by code enforcement officers. Nine
other dispensaries had their cases forwarded to the City Attorney's
Office, which prosecuted four and got court orders to shut each down.
The other five voluntarily closed before prosecution.

The closed dispensaries were located throughout the city, including
the following neighborhoods: City Heights, downtown San Diego, Kearny
Mesa, La Jolla, Linda Vista, Logan Heights, Mission Beach, North Park,
Pacific Beach, Point Loma, Rolando and University Heights.

Despite the closures, dispensaries remain open. U-T San Diego found
two open for business Thursday in Pacific Beach.

Gloria said the city's investigations are driven by complaints and
those still open likely have dodged that bullet so far.

"Even if we haven't gotten to them yet, I suspect that many of them
will be gotten to eventually," he said.

City Attorney Jan Goldsmith, who had repeatedly urged Filner to resume
enforcement actions to no avail, said his office has demonstrated in
more than 100 cases since 2011 that dispensaries are currently illegal
under the city's zoning laws and he will continue to prosecute cases
forwarded by city staff.

"There really is no legal defense to operating these dispensaries in
violation of the law," Goldsmith said. "The City Council, however, may
change the zoning laws to permit dispensaries in designated areas."

Attorney Jessica McElfresh, who represents several dispensary owners
who faced prosecution, declined to talk about specific clients but
said it's unfortunate the city has decided to prosecute the businesses
when their time could be better spent elsewhere.

"I hope that the City Council will enact a reasonable ordinance sooner
rather than later so that we will have clear guidelines for
dispensaries to ensure safe access throughout the city of San Diego,"
she said. "At that point, people can be licensed and code enforcement
will have a clear set of priorities that they can apply and it will no
longer be necessary for the city to expend its resources on this
litigation. That's what I truly believe everyone wants."

Med pot advocates have criticized Gloria for the crackdown on existing
dispensaries while at the same time praising him for pushing the ball
forward to a final resolution.

Eugene Davidovich, local coordinator with the group Americans for Safe
Access, a pro-medical marijuana group, had previously voiced his
disappointment in Gloria's decision to enforce the ban but now says
he's "extremely grateful" for the interim mayor's willingness to
docket the proposed ordinance early next year.

"The critical nature of our comments in the past has been because
there is no current ordinance, there is no current license to safe
access in the city," Davidovich said. "While we are in that
environment, patients are hurt by those facilities being closed.
There's no question about it."

The proposal under consideration would limit dispensaries to some
commercial and industrial zones and require them to be at least 1,000
feet from each other as well as schools, playgrounds, libraries, child
care and youth facilities, parks and churches. They also must operate
as nonprofits, have curtailed business hours and hire security guards.

That's more restrictive than the 2011 ordinance passed by the council,
which called for a distance requirement of 600 feet. Med pot advocates
opposed that plan and collected enough signatures to put it before
voters. The council rescinded the ordinance rather than pay for the
costs of a special election.

Whether there will be such vehement opposition this time around
remains to be seen. It appears many med pot advocates now believe a
less-than-ideal ordinance is better than none at all.

An analysis by the San Diego Association of Governments determined
that if the current proposal were adopted without changes then the
maximum number of dispensaries possible throughout the city is 131.
The 2011 ordinance would have allowed for 271 dispensaries. Those
numbers assume dispensaries are perfectly located to maximize their
numbers and ignores factors such as whether the location is vacant and
available or if the current property owner is willing to lease to a
dispensary.

Of the 131 potential spots, the largest number - 54 - are in District
8, which covers San Diego's southern neighborhoods. Councilman David
Alvarez, who represents the area and is running for mayor, has said he
doesn't want the new ordinance to result in his minority-rich
neighborhoods being a dumping ground for such businesses.

By contrast, District 3, which includes downtown and Hillcrest, has
zero possible dispensary locations under the proposed rules. Gloria
still represents the area as a councilman while he serves as interim
mayor.

Gloria said he's confident there will be enough council votes in
February to adopt a new ordinance, but in the meantime he won't make
any apologies for enforcing the law.

"This is as much an issue for the collectives as it is for the
community members," Gloria said. "These folks don't have certainty.
They don't know where they can operate legally. What we're trying to
do is give them clear rules of the road and then, if they operate
within them, we as a city will let it happen. If they don't, we'll act
aggressively to shut them down."
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MAP posted-by: Matt