New Regulations in San Diego’s MMJ Community

Mayor Bob Filner helps to find balance for everyone

Seventeen years ago California voters turned Proposition 215 into law, allowing patients with medical issues to use cannabis as a treatment for their ailments. Since then despite an often aggressive stance by the federal government and local law enforcement agencies, a medical patient’s right to choose cannabis has flourished in other states throughout America such as Colorado and Washington.

In the City of San Diego, however, patients have had a difficult time finding politicians and law enforcement officials who fully understand the rights of ordinary citizens to make use of medical cannabis under Proposition 215. As a result, people with crippling arthritis or terminal cancer have found themselves without medication as dispensaries were raided, operators were arrested and collectives were closed.

But as time passed, elected officials noticed that voters weren’t as rabid as they were when it came to enforcing antiquated laws in the wake of new legislation that protects medical cannabis, including Proposition 215. As a result, politicians like San Diego’s Mayor Bob Filner have stepped forward to defend the rights of medical cannabis patients.

Mayor Filner has drafted a new proposal for an ordinance to allow medical cannabis collectives to operate in areas designated for commercial and industrial use in exchange for a $5,000 annual permit fee and a 2% tax.

Collectives must also be at least 600 feet from schools, parks, child care facilities, playgrounds and other collectives. In exchange for these concessions, legally operating dispensaries can look forward to existing in a future without raids and arrests.

Mayor Filner has been meeting with medical cannabis industry experts about the ordinance for months, working out the details while at the same time juggling the competing interests of patients, operators, and law enforcement officials in an attempt to guarantee a citizen’s right to safe access. On April 22, Mayor Filner presented the ordinance to the San Diego City Council.

“How do you guarantee access to those who need it on humanitarian grounds but protect against problems that we know arise, whether it’s access to children or intrusion on neighborhood quality of life?” Mayor Filner said in a recent interview with U-T San Diego.

“So you have to find a balance and that’s what we’re trying to do here. I thought the original thing that the City Council passed was too strict,” Mayor Filner said, referring to past council attempts to regulate medical cannabis dispensaries seemingly to the point of nonexistence. “I thought that some of the things that (Americans for) Safe Access wanted were too open so we had to try to find a balance,” he added.

Eugene Davidovich, coordinator for San Diego Chapter of Americans for Safe Access, supports Filner’s work but hopes that voters are paying attention.

“As with any legislation, folks have raised concerns about portions of the proposal, including tax, limited zoning and ID card requirement,” Davidovich says. “If reason prevails, San Diego will soon be back on the path to permanent safe access as the voters intended 17 years ago.”

A Show of Support

The San Diego Chapter of Americans for Safe Access is urging patients to attend the April 22 City Council meeting where Mayor Bob Filner is scheduled to present proposed medical cannabis regulations for the city. “Show your support for safe access, sign in to speak, bring your story or reason why patients deserve safe, local, reliable access in your district,” read an April 11 post on SDASA’s website. The public meeting is scheduled for April 22 at 2 pm at San Diego City Hall, 202 C St. San Diego. All speakers will have one to two minutes to speak.