Pubdate: Thu, 14 Aug 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 Page: B-1 NEW TACTIC IN POT SHOP FIGHT Councilman wants updates on illegal dispensaries and time frame for closing them Frustrated that San Diego continues to struggle with shutting down illegal marijuana dispensaries, a city councilman wants to accelerate the process by making it more transparent. Councilman Ed Harris, whose district includes coastal communities where many of the city's roughly 100 illegal pot shops operate, wants city officials to issue monthly reports listing the addresses of all known dispensaries and what actions have been taken to shut them down. "We want a flow chart of the process and an estimate of how long they expect it to take with each dispensary," Harris said. "The goal is to clarify the process for me and for residents, so we know what needs to be done." The proposal comes as the abundance of illegal dispensaries has begun adding turbulence to the already complex approval process facing applicants trying to open the city's first legal pot shops. Part of that process, which began in April, is getting the blessing of neighborhood leaders who serve on community planning groups. But multiple planning groups have said frustration about illegal dispensaries in their area makes them less likely to embrace the legal dispensaries being proposed. In both Pacific Beach, whereas many as 25 illegal dispensaries operate, and Mira Mesa, where there are roughly half a dozen, community leaders say the illegal pot shops are tainting the process of approving legal ones. City officials conceded this spring that it's unlikely they'll be able to shut down all of the illegal dispensaries before the legal ones begin opening this fall. Employees in the City Attorney's Office and the code compliance division say the process is extremely complex and that many dispensary operators reopen elsewhere shortly after getting shut down. The number of dispensaries sharply increased when Mayor Bob Filner in 2013 suspended enforcement of zoning laws that don't allow for dispensaries, forcing the city to play catch up when enforcement resumed shortly after Filner resigned about a year ago. The city becomes aware of dispensaries by tips, code compliance officers spotting them and frequent checking of weedmaps.com and other websites that list the shops. City officials then must determine who operates the dispensary and who owns the building before they're able to issue a notice of violation and forward the case to the city attorney. Once there, attorneys try to obtain a court order to shut the dispensary down, which requires a variety of documents. The process is especially difficult, city officials say, when the operator of the business doesn't own the building. "The fact we have so many operating is not based on a lack of effort from anybody on the city's side," Harris said. "It's a complicated process, and there's so much money being made that the operators really don't want to close down. It's in their interest to tie us up in litigation." Harris said he hopes greater transparency might help build momentum. He's also lobbied for additional code officers to help identify more dispensaries, but said that will need to wait until a new city budget is adopted next spring. Advocates for medical marijuana say they hope the illegal shops shut down once legal ones begin opening. In the interim, they've expressed support for the illegal dispensaries so patients can have uninterrupted access. Michael Giorgino, a spokesman for the City Attorney's Office, said his office has 40 active dispensary cases, with 14 of those already closed and 26 still operating. The city's code compliance division is in the process of investigating 29 more dispensaries that they haven't forwarded to the city attorney, Deputy Director Mike Richmond said. A spokesman for Mayor Kevin Faulconer directed questions about Harris' proposal to the City Attorney's Office. Giorgino said it would be feasible to issue monthly reports if city leaders request them. [sidebar] Estimated number of illegal marijuana dispensaries in the city of San Diego - --- MAP posted-by: Jay Bergstrom