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roundly rejected by the City Council in April as the panel chose to resurrect a plan it first adopted in 2011 and later rescinded in response to a successful petition drive by med pot advocates.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." - --- MAP posted-by: Matt