LOCAL CANNABIS STORES CAUGHT IN THE NO-ZONE

San Diego city and county code enforcers have ordered more than a
dozen medical marijuana dispensaries to close their doors in the past
few months, even as local elected leaders are working on ordinances
that would provide a clear set of rules for the dispensaries to run
legitimately.

City officials said the crackdown is prompted by a recent spike in
community complaints lodged against 117 marijuana storefronts.

The city has no zoning category for cannabis dispensaries, so
inspectors are systematically visiting stores and issuing orders to
cease and desist business operations, said Robert Vacchi, a deputy
director for San Diego's Development Services Department.

"They can't legally locate anywhere, at least until the city comes up
with an ordinance," Vacchi said. "It's the business owner's
responsibility to make sure they can operate in the place they've
chosen to operate. It's got nothing to do with medical marijuana."

So far, 31 storefronts have been inspected and 14 violation notices
have been issued. Six have shut their doors, including four that
closed before the citations were issued.

San Diego County code enforcers have taken similar steps. Since
February, four dispensaries have been cited for not complying with
county land-use rules and violating the county's moratorium on
dispensaries.

Medicinal pot advocates are crying foul, saying the citations are the
latest effort to shut down operations that are permitted under state
law. They said the crackdown is solidifying San Diego's reputation for
having one of the toughest stances in the state against
dispensaries.

"It's ridiculous," said Essie Rahbari, president of the Pacific Beach
Collective, which was visited by city inspectors about a month ago.
"On the one hand, they have a group that's supposed to be putting
together rules, and on the other hand, they're shutting us down.
They're trying to enforce something that hasn't passed yet."

The development is the latest pitfall local agencies have encountered
as they grapple with California voters' decision in 1996 to legalize
medical use of the drug.

Subsequent state legislation and guidelines issued by the California
Attorney General's Office have attempted to provide cities and
counties with guidance on how to regulate the use of the drug. But
public officials in San Diego have struggled with the issue for the
past year.

More than 100 dispensaries have opened in San Diego as a
city-appointed task force has studied and proposed regulatory options.
County officials issued a moratorium against dispensaries operating in
the unincorporated areas in July. Both entities are in the process of
formulating ordinances to regulate such operations.

A committee of City Council members will meet today to act on
a second and final set of recommendations for its ordinance. Council
members will be presented new reports showing that it could cost
$25,000 to $35,000 for city staffers to process each dispensary
permit. Recommendations being considered include requiring
dispensaries to pay for permits and fees that cover the full cost of
regulating them, and making it mandatory for stores to conduct
employee background checks.

A first set of recommendations for land-use and zoning regulations was
approved by a separate council committee in March, and the council is
to consider the two sets of rules this summer.

Councilman Todd Gloria, who has supported recommendations presented to
both committees, said the development "highlights the need for
regulations."

The chairman of the city-appointed task force that compiled the
recommendations called the timing and nature of the crackdown
unfortunate.

"I'm concerned about it," said Alex Kreit, an assistant professor at
Thomas Jefferson School of Law. "Whatever one's stance on this is, it
makes sense to wait until an ordinance is in place and then enforce
the ordinance."

But for residents such as Marcie Beckett, the code-enforcement actions
are welcome and overdue. Beckett, a mother of two from Pacific Beach,
filed a complaint against 94 dispensaries in April after noticing a
proliferation of storefronts.

"I have two teenagers, and I think the stores send them a message that
marijuana is OK and mainstream," Beckett said. "But it's not OK, and
it's not safe."

Beckett and others opposed to the dispensaries said the timing is a
nonissue because it would be best to shut down all storefronts and
have them reapply for permits once an ordinance is approved.

"Everyone who opened illegally knew they were taking a risk when they
opened and have been benefiting from lax enforcement," said Scott
Chipman, a longtime critic of the dispensaries. "They should all be
closed and then go through the full review process."

Some dispensary operators said they have been doing everything
possible to operate legally, and feel the code citations are a scare
tactic.

"I've been trying to work with the city and the community," said Adela
Falk, the director of Wisdom Organics, a dispensary in Linda Vista.
Falk said she has paid city business tax certificate fees for the past
year and filed state paperwork to operate as a nonprofit. She said
orders to shut down will only make it harder for patients to get medicine.

The city citations focused on compliance with zoning rules, Vacchi
said. No fines have been levied, but they could be if dispensaries
don't comply within a certain period, typically 30 days. Two staffers
have been conducting the inspections, and the process is taking some
time because it isn't considered as high a priority as public safety
and health violations, Vacchi said.