Pubdate: Wed, 16 Jan 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 Note: Seldom prints LTEs from outside it's circulation area. Author: Greg Moran Page: B1 FEDS WON'T STOP TARGETING MEDPOT OUTLETS SAN DIEGO - Though San Diego Mayor Bob Filner has ordered city officials to stop targeting medical marijuana outlets for prosecution and code compliance, don't expect federal authorities to take the same position. U.S. Attorney Laura Duffy said Tuesday that while she is open to meeting with the new mayor on the subject, selling marijuana remains illegal under federal law. "I take my guidance from the attorney general of the U.S., and he from the president," Duffy said during an interview with the U-T San Diego editorial board. "And thus far, that direction is, we are going to enforce the Controlled Substances Act." That law classifies marijuana as an illegal drug. Duffy's comments came five days after Filner ordered city code enforcement officers to halt actions against medical marijuana dispensaries and for police to stop referring such cases to city prosecutors. Almost all of the city's dispensaries had disappeared over the past year because of stepped up enforcement by local and federal authorities. Duffy's office had told owners and landlords of medical marijuana outlets that they could face federal civil and criminal penalties if they continued to operate. Duffy estimated about 95 percent of the dispensaries in San Diego County have shut down, leaving fewer than 10 operating. In 2011, slightly more than 200 were open in San Diego, she said. Last week, Filner told a medical marijuana advocacy group that his administration would draft a law to allow regulated dispensaries in the city. It was welcome news to the group, but the mayor has no say over what Duffy's office does. While state law permits use of marijuana for medical purposes, federal law doesn't. Duffy said the crackdown last year was not aimed at "individual patients or caregivers" but at larger operations. "We're going after businesses who are engaged in for-profit marijuana sales on a retail basis," she said. She declined to say how her office would react if a new ordinance led to a burst of dispensaries in the city. "I think we'll have to wait and see what happens," she said. The Mayor's Office was preparing Tuesday for Filner's first state of the city speech and was not available to respond to Duffy's remarks. Duffy said she has not spoken with Filner about the issue, though she did send him a congratulatory email after his win in November and was open to meeting with him. But, she said, "I don't think this particular issue we are going to see eye to eye on." During last year's mayoral campaign, Duffy came under fire from Filner after his opponent, Carl DeMaio, released an email from the U.S. attorney criticizing Filner for "uncivil" conduct at a voter-information forum. Duffy had helped organize the event, open to candidates for state, local and federal offices, at the Jewish temple she attends. She also made a $250 donation to DeMaio's campaign. At a debate after the forum, Filner called on Duffy to resign, claiming she had violated a federal law prohibiting federal employees from participating in certain political events. Duffy said Tuesday no such violation occurred, and she had not faced any internal repercussions from the U.S. Department of Justice. She said the media had overplayed a "personal comment I made in my personal capacity," but said if she had to do it over again she would not have made the comment about Filner's demeanor. "I think it was made into a bigger issue than it was," she said. - --- MAP posted-by: Jay Bergstrom