Pubdate: Mon, 14 Jan 2013
Source: Los Angeles Times (CA)
Copyright: 2013 Los Angeles Times
Contact:  http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Author: Tony Perry

SAN DIEGO HALTS ALL ACTIONS AGAINST MARIJUANA SHOPS

SAN DIEGO - At the order of newly elected Mayor Bob Filner, the city 
is dropping all legal efforts aimed at forcing marijuana dispensaries 
out of business.

In memos last week to the San Diego Police Department and code 
compliance officers, Filner ordered that "targeted code enforcement" 
against marijuana dispensaries end "immediately." Both departments 
report to the mayor.

Filner, a Democrat, also plans to revisit an issue the City Council 
has shown little eagerness to tackle: the creation of zoning rules to 
permit marijuana businesses.

Filner restated his support for making marijuana accessible to people 
"who legitimately need it for relief of pain." He said he will soon 
propose an ordinance allowing operation of dispensaries, although not 
near schools, playgrounds or anywhere that would harm neighborhoods.

"I believe that, in order to be a great city, we must also be a 
humane city and show compassion toward those who need help in dealing 
with chronic pain," he said.

Under current city zoning regulations, there are no legal areas for 
marijuana dispensaries. The City Council adopted a marijuana zoning 
ordinance but dropped it in July 2011 when marijuana activists 
complained that it was too restrictive.

As a result of Filner's action, the city will no longer pursue a 
dozen cases against dispensaries, said City Atty. Jan Goldsmith. More 
than 100 dispensaries have already been forced to close because of 
code-violation litigation by the city attorney.

Filner appeared Tuesday before a group favoring legalization of 
marijuana, and referred to Goldsmith's actions as "persecution." He 
suggested that the group may need to stage protests.

Goldsmith subsequently sent the mayor a letter saying he would halt 
the remaining cases, which had been filed at the request of the code 
compliance staff and Police Department.

"Rather than pursue the drama last night and call for a 
demonstration, you could have achieved your goal in less than 30 
seconds" with a phone call, Goldsmith wrote.

In a telephone interview, Goldsmith said, "Filner is a new mayor and 
he needs a period of adjustment."

The marijuana issue is an indication of the differences in policy and 
governing style between the more assertive Filner and his 
predecessor, Jerry Sanders, a Republican and former police chief. 
Sanders supported the city attorney's legal action against the 
marijuana dispensaries.

Although Filner's action ends the city's closure campaign, U.S. Atty. 
Laura Duffy continues to order dispensaries to cease operation or 
face possible criminal charges and asset forfeiture.
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MAP posted-by: Jay Bergstrom