Pubdate: Wed, 29 Jul 2015 Source: San Diego Union Tribune (CA) Copyright: 2015 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 ILLEGAL POT SHOPS MORE EASILY SNUFFED San Diego Officials Gaining Upper Hand at Shutting Illicit Dispensaries As Demand Shifts to Legal Operations San Diego's efforts to shut down illegal pot shops have become more successful just as several of the city's first wave of legal medical marijuana dispensaries are set to open this summer and fall. Fifteen illegal dispensaries are somewhere in the long and complicated process of being closed by the city, down from 69 one year ago. Community leaders have lobbied the city to shut down illegal shops quickly, saying they are unregulated, attract crime and operate in inappropriate locations near schools or businesses that attract children. City officials say their increased success is the result of greater focus on the problem, becoming more familiar with the process. Also, fewer illegal shops are opening based on expectations that demand will shift to legal dispensaries when they open. In addition, the city had to dig itself out of a large backlog of illegal dispensaries that opened when former Mayor Bob Filner suspended enforcement of zoning laws that made unpermitted dispensaries illegal for much of 2013. The Development Services Department and the City Attorney's Office, which work in tandem to shut down the illegal shops, have both been devoting more personnel to the process. "Because we've dedicated the resources to quickly get to the cases and deliver them to the city attorney, I think word gets out on the street that we have this effort under way," said Mike Richman, deputy director of code enforcement for development services. "People know we're serious." Richman said his investigators have also become more savvy, partly through experience and trial and error. "We've gotten better at our investigations - we have some techniques that are helping us out," said Richman, declining to describe them to avoid aiding the operators of illegal dispensaries. Richman said the time that elapses between discovering an illegal shop (either through a tip or seeing an advertisement) to bringing the city attorney that case has shortened and is now two to three weeks in most cases. Gerry Braun, spokesman for City Attorney Jan Goldsmith, said things have also advanced on the legal side of the equation. "When we first began shutting down illegal dispensaries, defense lawyers challenged the legal basis for doing so while constantly bashing our office and the city attorney personally," Braun said. "Every time we won an issue, the lawyers would raise a new legal issue. Eventually, we won them all, and judges have consistently found the legal basis for shuttering illegal dispensaries." Jessica McElfresh, an attorney who represents illegal and legal dispensaries, said the shutdown rate has noticeably increased and that it figures to get even faster with eight recently approved legal dispensaries expected to open this summer and fall. Those dispensaries will join the city's first legal dispensary, which opened in Otay Mesa in March. The other eight include three in Kearny Mesa and one each in Barrio Logan, Mira Mesa, San Ysidro, the Midway District and eastern Pacific Beach. "Once we have a lot of them and there's more stability, I think patients will want to go to permitted ones," McElfresh said. "They will be nicer, more reliable and more regulated." McElfresh said it's reasonable to expect the number of illegal shops to eventually dwindle to almost none, citing Oakland and San Francisco as examples. "In cities where we have permitted dispensaries, there are virtually no illegal ones," she said. San Diegans for Safe Neighborhoods, a group that lobbies against both legal and illegal dispensaries, agreed that the number of illegal dispensaries has dropped sharply within San Diego. They estimated that there are roughly five more shops the city hasn't yet begun efforts to close, making their estimate of illegal shops about 20. They said, however, that San Diego's more aggressive efforts have prompted many illegal operators to begin opening just outside the city's borders in La Mesa, El Cajon and unincorporated parts of the county. "It's a sign they don't want to waste their time in San Diego anymore," said Scott Chipman, the group's leader. Another effect of the city's efforts has been fewer illegal dispensaries within San Diego including their addresses on ads in newspapers like The Reader and CityBeat, Chipman said. Richman, the city official, agreed. "They used to be more bold in their advertising, and now they're getting a little more secretive," he said. Shutting down dispensaries is harder than some other illegal businesses because the city uses zoning laws instead of criminal laws, so they can't simply raid them and shut them down. The zoning approach essentially contends that dispensaries are illegal not because they're selling drugs but because they violate the city's land-use rules. Goldsmith began pursuing that option when criminal prosecutions of dispensary operators began yielding disappointing results a few years ago, primarily because state law has allowed medical use of marijuana since 1996. Complaints regarding illegal marijuana dispensaries may be referred to the city's code enforcement division at (619) 236-5500. - --- MAP posted-by: Jay Bergstrom