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San Diego Moves To Close Pot Dispensaries Near Schools

The San Diego City Attorney's Office filed civil complaints Wednesday, seeking to close 12 medical marijuana dispensaries near schools.

City zoning rules required the shops to be at least 600 feet from schools, among other things, but medical marijuana advocates, who believe the rules are too restrictive, responded by gathering enough voter signatures to compel the City Council to rescind the ordinance.

City Attorney Jan Goldsmith said that left the city operating under existing law, which banned medical marijuana sales citywide.

"We have an untenable situation right now and a lot of policy conflicts,'' he said.

"Marijuana distribution is illegal under federal law,'' Goldsmith said.

"If the federal government enforces its laws, there can be serious consequences to dispensaries and the owners of their buildings. Yet, medicinal marijuana is legal under state law under certain circumstances. In the city of San Diego, dispensaries aren't permitted in any zone.''

Goldsmith said the situation "cries out'' for ultimate policy direction from the state and federal governments that cities can rely upon.

He said the targeted dispensaries were putting children "at great risk.''

They are:

-- Trichomes R Us, Healing Arts Cooperative and Medical Miracle Collective, all at 4009 Park Blvd.;

-- Ocean Beach Wellness at 4851 Newport Ave.;

-- Absolute Collective at 2801 Fourth Ave.;

-- Redwood Collective at 1516 W. Redwood St.;

-- Herbameds at 4724-4760 Federal Blvd.;

-- Allgreen at 3740 Fifth Ave.;

-- Oasis Herbal Center at 3441 University Ave.;

-- West Coast Wellness at 6956 El Cajon Blvd.;

-- Medimart Collective, at 6787 El Cajon Blvd.; and

-- Green Hope Collective at 5971 El Cajon Blvd.

Goldsmith said he chose civil injunctions instead of criminal complaints, because judges will then have leeway to craft an interim measure that would enable law enforcement authorities to close "troublesome'' dispensaries, while respecting laws regarding safe access to medical marijuana.

Comments

Avatar for user 'Len'

Len | September 22, 2011 at 6:42 p.m. ― 3 years, 1 month ago

"To protect the children." What century do these people live in? Before dispensaries, if Mom's (or grampa's) arthritis pain was keeping him or her from sleeping for days, and Oxycondone no longer brought anything but constipation, their grandkids or kids were likely their source of marijuana. Councilmembers, Dumanis and others decry "storefront" dispensaries. I'd bet that if they didn't know the address in advance, they could drive around SD for days and not identify a dispensary from its appearance. You don't see children in medical marijuana dispensaries. The ignorance of our "lawmakers" and enforcers about the matter is boundless.

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Avatar for user 'superman'

superman | October 7, 2011 at 1:07 p.m. ― 3 years ago

This entire thing is just an exercise in futility. People are already going back to past relationships to make sure they are able to get whatever they need if they shut down any dispensaries in their area. This is not going to slow anything down at all .Most people just laugh when they hear that city officials say they are shutting down dispensaries. You would think with all the other problems the city is having ( budget, takes, unemployment, etc.) that those issues would take priority. The reason they aren't addressing those issues is guess what, they haven't a clue how to solve any of those problems . Same thing with the dispensaries. They still don't know what they are doing and all that will happen is wasting more tax dollars fighting a war that can NEVER be won...

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