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.
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MAP posted-by: Jay Bergstrom