Pubdate: Tue, 06 May 2014 Source: San Diego Union Tribune (CA) Copyright: 2014 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: David Garrick SUIT: MARIJUANA LAW TOO RESTRICTIVE L.A. Group Says Far Travel to Few Dispensaries Will Cause Problems SAN DIEGO - San Diego's new law making marijuana dispensaries legal for the first time is being challenged in court by a group of medical marijuana activists from Los Angeles. The Union of Medical Marijuana Patients Inc. filed suit last week claiming the city failed to evaluate the possible effects on traffic and air pollution that dispensary regulations approved in March might have. The suit says patients needing marijuana will have to travel farther than necessary because the city's ordinance, which limits the total number of dispensaries to 36 and prohibits them in many areas, is too restrictive. That additional traveling will create traffic congestion and air pollution, the suit says. "They took a huge gamble here by not studying this properly," said Jamie Hall, who filed the suit April 29 in San Diego Superior Court. "Our objective is to have the city thoughtfully consider their restrictions before they go down a path to limit access in this way." The City Attorney's Office said in a statement on Monday that no environmental analysis of the dispensary ordinance was required, contending the proper time for such analysis will be when individual dispensaries are approved. The statement also noted the ordinance provides a legal route for dispensaries to open, widening access for patients. Roughly 50 dispensaries are operating illegally in San Diego, but city officials say each of those will be closed as quickly as the courts allow. While the suit doesn't seek an injunction preventing city officials from moving forward with a dispensary application process that began April 24, local marijuana advocates said Monday that they oppose anything that could delay the opening of dispensaries and the safe access to marijuana they'll provide. "While it's true the new ordinance is highly restrictive, this attempted end-run around our City Council through the courts will do nothing to improve access," the Alliance for Responsible Medicinal Access said in a statement. "Our local medicinal marijuana community should continue to focus its energy and resources on proving to regulators, law enforcement and the community that we are good neighbors and an asset to our city." The lawsuit says the city's regulations are too restrictive because they limit dispensaries to a small number of commercial and industrial zones and require them to be at least 1,000 feet away from schools, playgrounds, libraries, parks, churches and facilities focused on youth activities. They also can't be within 100 feet of residential property. The suit says this will require patients to travel long distances on a regular basis, an impact on the city that should have been evaluated. "This additional travel not only may, but will, result in a direct change to physical environment by increasing traffic and air pollution," the suit says. The regulations cap the number of dispensaries at four in each of the city's nine council districts, but the suit says zoning hurdles will probably shrink that to about 30 when the dispensaries begin opening in six to nine months. - --- MAP posted-by: Jay Bergstrom