Pubdate: Fri, 13 Sep 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: Craig Gustafson

GLORIA DIRECTS CITY STAFF TO SHUT DOWN POT SHOPS

Filner Had Allowed Operations, Despite Law Banning Them, While 
Crafting New Ordinance

SAN DIEGO - The free rein that medical marijuana dispensaries have 
had in the city of San Diego is over. Interim Mayor Todd Gloria has 
directed city staff to enforce the current law, which doesn't allow 
the businesses to operate legally.

Gloria made the announcement Thursday during his first weekly media 
briefing since replacing Mayor Bob Filner, who resigned Aug. 30 amid 
a sexual harassment scandal. Gloria updated reporters on a wide 
variety of issues, from managed competition to the Chargers stadium 
plans, but the biggest news dealt with dispensaries.

The new directive ends a period of lawlessness that began in January 
when Filner ordered police and code enforcement officials to halt 
their investigations into dispensaries. Filner wanted to allow them 
to be open while the city considered implementing a new ordinance to 
regulate the businesses.

Nine months later, the city still doesn't have an ordinance, and at 
least 15 medical marijuana dispensaries opened illegally without 
rules under Filner's lax enforcement.

Gloria said he's working to get the new ordinance before the City 
Council in January after it's reviewed by community and planning 
groups. He said he can't allow the existing dispensaries to remain 
open because it would be rewarding bad behavior.

"What we have to do, though, is provide a legal way for them to 
exist," Gloria said. "Our current situation does not work. The 
solution is not to ignore the law. The solution is to change the law 
to allow them to operate in an effective fashion. What I want to do 
is provide some certainty for the patients who need it and to the 
neighborhoods who are afraid of it so we can tell them what the rules 
of the road look like. Right now we have none."

Eugene Davidovich, local coordinator with the group Americans for 
Safe Access, a pro-medical marijuana group, said he's disappointed 
that Gloria is focusing on shutting down dispensaries rather than 
getting a new ordinance adopted.

"Right now it's on the back burner, but eradication is not on the 
back burner," Davidovich said. "And that's very sad, because really 
who suffers here are the patients. ... Today they have a place that 
they can maybe go into and get their medicine. Instead of focusing on 
creating an ordinance, a place, a reliable location for them to get 
the medicine, he'd rather shut everybody down. They're not going to 
have that access tomorrow or the next day. It's very sad."

State voters have approved the use of marijuana for medicinal 
purposes, yet it remains illegal under federal law. Local 
municipalities have struggled with how to regulate the drug given 
that dichotomy.

The bottom line is, dispensaries aren't legally permissible in any 
land-use zone in San Diego, and those that are open are in violation. 
Dozens of complaints have been filed with the city, yet no action was 
taken under Filner.

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.

Gloria has hit the ground running as interim mayor, and on Thursday 
gave updates on the progress he's made on numerous issues facing the city.

"It's my hope that we can get many of these pending items cleaned up 
so that when I turn over the keys to the Mayor's Office to the next 
guy or gal that a lot of these issues will be resolved," he said.

Among the highlights from the media briefing:

He plans to meet with the Chargers on Monday about their stadium 
plans. The team opposes the current proposed expansion of the 
convention center in favor of a multiuse stadium that would have 
convention space. Gloria supports the current expansion plan but says 
he views the Chargers proposal as a possible next phase.

Gloria is finalizing a contract with the San Diego Unified School 
District to provide $250,000 for a pilot program that gives bus 
passes to school-age children. Filner put the plan in this year's 
budget but never gave the money to the school district.

He is moving forward with managed competition by putting three city 
services - stormwater operations and maintenance, landfill 
operations, and street and sidewalk maintenance - up for competitive 
bid with the private sector.

Gloria has asked city staff to remove a loophole in the land 
development code that allowed Jack in the Box to rebuild its North 
Park restaurant with a drive-through lane by claiming it was 
technically a remodel project. The drive-through lane violates the 
community plan.

He has asked Civic San Diego to begin a request-for-proposals process 
for the site of the old central library in downtown to see what 
options exist for reusing the facility. The new central library opens Sept. 28.
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MAP posted-by: Jay Bergstrom