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City Attorney shuts down 4 pot dispensaries

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SAN DIEGO — The City Attorney’s Office announced Thursday that four marijuana dispensaries operating illegally in San Diego were shut down this week.

Court orders were obtained Monday and Tuesday to close Planet Greens at 936 Garnet Ave. in Pacific Beach; Dank on Turquoise at 841 Turquoise St. in Pacific Beach; Kindest Meds at 3455 Camino del Rio S. in Mission Valley; and Market Greens at 4255 Market St. in Mount Hope.

All four dispensaries, which ran afoul of zoning regulations, had ceased operations by Wednesday, according to the City Attorney’s Office.

“This enforcement of city zoning regulations is necessary to protect neighborhood standards and safety,” City Attorney Jan Goldsmith said. “Marijuana dispensaries, like any other business, must obtain proper permits and conform to zoning regulations.”

The City Council earlier this year adopted a permitting process that allows such shops to open legally, and the first permit was approved recently for a facility to open near Brown Field.

However, numerous marijuana dispensaries are still operating illegally, according to city officials and residents who live near the shops.

The City Attorney’s Office said around 45 cases are pending against dispensary operators, and two-thirds have gone ahead and closed down.

“We believe there are other dispensaries operating illegally in San Diego beyond those that have been referred to us for prosecution,” Goldsmith said. “When cases on those other dispensaries are investigated and brought to us by the San Diego Police Department or Code Enforcement Division, we will close them down and obtain monetary sanctions.”

More than 200 dispensaries operating illegally in San Diego have been shuttered over the last four years, according to the City Attorney’s Office.

The city’s Code Enforcement Division takes complaints about medical marijuana dispensaries at (619) 236-5500.It was unclear if Brown and Tatro were considered suspects in the earlier murder as well.

12 comments

  • Prop 65 - Beer Ban in San Diego

    Proposition 65 mandates that all carcinogenic Ethanol Alcohol based products including Beer, Wine and Liquor must have a CANCER WARNING Label, Since none of these products currently have a CANCER WARNING label attached, they are all illegal for sale in San Diego.

    Effective 10-25-14 the Alcohol Beverage Eradication Program will begin filing Prop 65 Violation notices across San Diego. Our goal is to stop the sale of cancer-causing beer, wine and liquor at all Restaurants, Bars, Liquor Stores, Drug Stores, Mini-Marts, etc. until the City Council stops the discrimination against Medical Marijuana Patients in San Diego.

    • davepretty

      False. The gist:

      In 1986, California voters approved an initiative to address their growing concerns about exposure to toxic chemicals. That initiative became the Safe Drinking Water and Toxic Enforcement Act of 1986, better known by its original name of Proposition 65. Proposition 65 requires the State to publish a list of chemicals known to cause cancer or birth defects or other reproductive harm. This list, which must be updated at least once a year, has grown to include approximately 800 chemicals since it was first published in 1987.

      Proposition 65 requires businesses to notify Californians about significant amounts of chemicals in the products they purchase, in their homes or workplaces, or that are released into the environment. By providing this information, Proposition 65 enables Californians to make informed decisions about protecting themselves from exposure to these chemicals. Proposition 65 also prohibits California businesses from knowingly discharging significant amounts of listed chemicals into sources of drinking water.

      Meaning….All alcoholic beverages packaging, bar, restaurants, and stores that sell alcohol already meet these requirements via notices and posted signs. You know the placards behind the bars that state, “Drinking alcohol can cause birth defects”? Those are so that the bar can meet the minimum requirements for Prop 65.

      A quick Google search doesn’t even find a blip related to an “Alcohol Beverage Eradication Program”. Meaning:

      -It’s something you made up
      -It’s a small time watchdog group

      Or more likely…

      It’s a marijuana legalization lobbyist group trying to stir things up by creating havoc.

      Probably the same group of lobbyists who fought Proposition 19 back in 2010. You know, the prop that essentially would have decriminalized and regulated the sale and taxes of marijuana for all persons 21 and over? They fought the prop because that meant small time growers who were raking in a fortune selling untaxed goods to dispensaries and dealers would have taken a huge hit in sales thanks to big regulate and accordingly taxed cooperate grow houses. All of that in addition to the lost sales to customers under 21 (e.g. can no longer sell weed to kids).

      Come’on man. Fight for what’s right. Not for what’s right for your pocketbook.

      • Beer Causes Cancer

        Wrong Beer Breath… none of them have a CANCER WARNING label which is the basis of the individual lawsuits against all beer, wine and liquor vendors in San Diego…

        Hemp for Victory…!

        • davepretty

          Individual lawsuits with no basis? Here’s Prop 65 in plain language:
          http://oehha.ca.gov/prop65/background/p65plain.html

          No cancer specific warning needed for alcohol or beer.

          So in other words, to push your agenda, you’re willing to flood the court with another frivolous lawsuit?

          It’s easier to catch flies with honey than vinegar bro. You’re going to end up hurting the cause in the long run.

          I hope the general public takes a step back to survey the entire landscape on this one. This is definitely the wrong way to handle it.

          • Beer Causes Cancer

            We look forward to filing Prop 65 Violation “60-day Notices” and hopefully shutting down all cancer-causing alcohol sales by December 25 —> just in time for the tourist Holiday season.

            See you in Court.

          • davepretty

            Seriously?

            “Businesses are required to provide a “clear and reasonable” warning before knowingly and intentionally exposing anyone to a listed chemical. This warning can be given by a variety of means, such as by labeling a consumer product, posting signs at the workplace, distributing notices at a rental housing complex, or publishing notices in a newspaper. Once a chemical is listed, businesses have 12 months to comply with warning requirements.”

            So what is a “clear and reasonable” warning in regards to alcohol? Hmmm…they covered that:

            (e) Alcoholic Beverages. For alcoholic beverages, including, without limitation, beer, malt beverages, wine and distilled spirits:

            1. The warning message must include the following language:
            “WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages May Increase Cancer Risk, and, During Pregnancy, Can Cause Birth Defects.”

            2. Beverages primarily intended for consumption off the premises where
            sold or distributed:

            Source, page 4: http://oehha.ca.gov/prop65/law/pdf_zip/RegsArt6.pdf

            So that covers every bar, restaurant, nightclub, hotel, liquor store, and just about 99.999% of every other type of business that sell alcohol.

            Oh wait…what about those small time nano-brewers and home brewers?! You could go after them! Hit those little guys! They probably don’t have signage. Oh wait, they’re exempt:

            “Businesses with less than 10 employees and government agencies are exempt from Proposition 65’s warning requirements and prohibition on discharges into drinking water sources. Businesses are also exempt from the warning requirement and discharge prohibition if the exposures they cause are so low as to create no significant risk of cancer or birth defects or other reproductive harm.“

            Pal, we’re on the same side. Marijuana hasn’t shown any long term ill effects from recreational use. It’s stupid that it’s a Schedule I substance. But filing a frivolous lawsuit against alcohol is the wrong way to try to get it legalized.

          • Beer Causes Cancer

            Yes – Seriously. We are no longer willing to sit back and allow the alcohol industry sycophants in current political power to dictate our methods of existence. In other words, we’re fighting back with all the scientific, ethical, moral and legal tactics at our disposal. You sound intelligent, you should join our team the at Citizen Justice League.

            We have also read the provisions you stipulated and I will add another called the “14-day Safe Harbor Provision.” Which allows the store owner to remedy the violation and pay a $500 fine without being subject to full legal prosecution by the Attorney General’s Office proxy Bounty Hunters or Private Enforcers.

            However, let me explain that our cases will eventually find their way to the Supreme Court because we are suing each store owner and the Alcohol Beverage Manufacturers, where-ever they may reside, under the default legal concept of “Intent.” The Intent of Prop 65 is to inform the public of potential hazards in the environment. By not providing CANCER WARNING labels on each bottle, which none do, they have evaded the intent of Prop 65 which is to inform upon usage, and not merely point of sale.

            Thank you for the conversation, I look forward to further discussions…

          • Beer and Wine Cause Cancer

            I’ll make you a deal Dave… If you arrange via your magical powers for the City Council to allow 3 dispensaries to open in the Gas Lamp district, I’ll drop all our lawsuits. There are hundreds of alcohol outlets… 3 Medical Marijuana dispensaries seems fair?

  • Wlov

    City Attorney Jan Goldsmith said. “Marijuana dispensaries, like any other business, must obtain proper permits and conform to zoning regulations.” That would be great if dispensaries were treated equally like other businesses and not subject to reefer madness laws. Banks are more likely to be held up and subject to crime than a dispensary, yet they can be right next to each other and next to schools.

  • Justin Meerkat (@GetHighcom)

    So here’s the thing. These dispensaries do not just close down. They move to a different location to avoid raid as long as possible, or they go delivery (and likely off the books) It would be much more sensible to keep them open, and allow them to continue to pay large amounts of taxes, and continue to employee local college students at fair wages. This is a huge waste of taxpayer dollars, and endangers the public with this stupid game of cat and mouse.

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