DeMaio, Filner: Little Common Ground On Med Pot

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It's hard to find much common ground between Republican Carl DeMaio and Democratic Rep. Bob Filner, but the San Diego mayoral candidates appear to be on the same page when it comes to medical marijuana – at least on the surface.

Both candidates say they support the use of marijuana for medical purposes and, if elected mayor, promise a solution to a problem that has vexed City Hall for years: What regulations should be put in place to control marijuana dispensaries within city limits?

Any discussion of dispensaries in San Diego must begin with the April 2011 ordinance passed by the City Council. It limited dispensaries to some commercial and industrial zones and called for cooperatives to be at least 600 feet from each other as well as schools, playgrounds, libraries, child care and youth facilities, parks and churches. They also had to operate as nonprofits, have curtailed business hours and hire security guards.

The ordinance was repealed three months later after a successful signature drive by medical marijuana supporters, who were upset that it would have required every dispensary to close and then move to far-flung industrial areas.

Neither DeMaio nor Filner liked the ordinance but for far different reasons.

DeMaio, who voted against the ordinance, said the restrictions on dispensaries didn't go far enough.

"The challenge is how do we regulate it? And that's why I have been working with the medical marijuana community on a targeted, strict ordinance that would allow us to permit certain delivery services and dispensaries in the city of San Diego," he said at a recent debate. "A limited number, with audits and effective enforcement and oversight. It's a thoughtful and balanced approach to what is really a controversial issue, but it's an issue that San Diegans, if we are thoughtful about it, we can come together and make San Diego a model."

Filner said he didn't like the city ordinance because it put up too many bureaucratic hurdles in the way of getting medicine to patients. He said he prefers an ordinance akin to the county's plan, which requires weekly inspections from the Sheriff's Department.

"I want to make sure it's available for those who are suffering from illness but that neighbors are protected, kids are protected from any use or recreational use," Filner said "I think you can do both. You have to have an ordinance which, unlike the one the council passed, allows them to occur but be regulated. And I think it was far too restrictive."

Enforcement of any city effort to regulate medical marijuana likely would have to wait as long as the current federal crackdown continues to shutter dispensaries across the state.

DeMaio's comments about working with the medical marijuana community on an ordinance drew a rebuke from activists who say he's long ignored their outreach efforts.

Eugene Davidovich, a member of the San Diego chapter of Americans for Safe Access, said he's lobbied City Hall on the issue for years and called DeMaio "the biggest opponent to medical cannabis regulations in San Diego."

"When the City Council created an ordinance that was very restrictive, that a lot of the patient community was saying was way too restrictive, what he did is he actually said that it's not restrictive enough," Davidovich said. "He demeaned and demoralized and really made patients that attended the City Council meeting feel like he is no friend to the issue of medical cannabis."

DeMaio's campaign said he is working with attorney Jeffrey Lake, who is representing a medical marijuana patients group suing Rancho Mirage over due-process and equal-protection rights, and J.D. Bols, a local property manager that San Diego CityBeat said has been sued by the city of San Diego for renting space to collectives.

Scott Chipman, co-founder of San Diegans for Safe Neighborhoods, which opposes medical marijuana, said he's disappointed that both candidates favor enacting a new ordinance for dispensaries.

"You should not pursue this city ordinance for marijuana because we just got through spending two-and-a-half years on the issue and it proved to be a very unprofitable time for the City Council," he said. "I would not like to see our new mayor pursuing this and we will advocate that he not pursue it."

State voters legalized the use of medical marijuana in 1996. The problem for dispensaries in San Diego and many other cities is there's no place for them to legally operate and authorities have begun to crack down.

City Attorney Jan Goldsmith has brought dozens of lawsuits against medical marijuana dispensaries over the past year, arguing that they violate local zoning laws because the storefront operators are not allowed to operate anywhere in the city. Despite the initiative, marijuana is still classified as an illegal drug under federal law and U.S. Attorneys have gone after dispensaries throughout California.

Signature drives to aid marijuana dispensary efforts have failed at the state and local level, which means the issue of what to do next will almost certainly hinge on how involved the next mayor wants to be with this particular political football.

For now, the two candidates are asked about medical marijuana at nearly every debate.

DeMaio often refers to his mother's long and painful death from cancer as evidence that he knows exactly why patients and their loved ones want access to the drug.

"Had she needed medical marijuana to manage her pain for comfort, absolutely I would help her get that," he said. "I really believe that if I have an opportunity to craft an ordinance that is very targeted, highly regulated with adequate enforcement, that implements the will of the voters, then that's something I'm going to be very interested in pulling off.

Filner said he's long been a supporter of medicinal marijuana and recently sponsored legislation that would allow states that have legalized the drug for such purposes to be left alone by federal authorities. He urged voters to look beyond DeMaio's words and examine his vote against the city ordinance.

"He has said on the campaign trail a whole lot of things that he supports but his votes go the opposite way," Filner said. "So I don't know how you even accept that at face value. The votes are the record."

There are currently no proposals under consideration at City Hall related to medical marijuana.

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Source: utsandiego.com
Author: Craig Gustafson
Contact: Contact Us | UTSanDiego.com
Website: DeMaio, Filner: Little common ground on med pot | UTSanDiego.com
 
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