Global Ganja Report

Medical marijuana advocates in San Diego have unveiled a proposed ballot measure to end the current municipal crackdown on dispensaries. The proposed initiative would set a 2.5% sales tax for the storefront dispensaries and prohibit them within 600 feet of schools and playgrounds, as well as laying out security and inspection requirements. "Our intent is to bring back safe access to medical cannabis for qualified patients," said Jessica McElfresh of the Patient Care Association of California, which helped draft the proposal. "Voters have almost always overwhelmingly supported medical marijuana responsible regulation." Proponents need to collect about 62,000 voter signatures to qualify the measure for the 2012 November ballot.

Scores of cannabis dispensaries in San Diego County have closed following the federal crackdown announced in October. As of the end of November, 139 of 222 medical cannabis outlets—or 62%—have shut down since the US Attorney's office in San Diego began sending letters to the dispensaries and their landlords. About a third of those targeted are still operating, but some 20 more outlets are expected to close within the next two weeks, according to federal authorities. Another round of letters from the US Attorney's Office—some hand-delivered by DEA agents—were sent within the past week to dispensaries that remain open.

Medical marijuana patient advocacy group Americans for Safe Access (ASA) on Nov. 22 appealed the September 2010 conviction of San Diego dispensary operator Jovan Jackson in a case that has become a symbol of the effort by District Attorney Bonnie Dumanis to criminalize storefront dispensaries. California Attorney General Kamala Harris—who served as San Francisco DA when that city established the state's first dispensaries—will now defend Jackson's appeal rather than Dumanis, who originally tried him. The ASA appeal contests Jackson's denial of a medical defense, and challenges the prosecution's assertion that "sales" of medical marijuana are illegal under state law.

The discovery of a drug tunnel linking San Diego and Tijuana warehouses led to the seizure of some 17 tons of cannabis as well as a large grow operation in the industrial area of Otay Mesa east of San Diego, US and Mexican authorities announced Nov. 16.

Lawsuits were filed Nov. 4 in federal courts in Sacramento, Los Angeles and San Diego in a move to block efforts by US attorneys to crack down on medical marijuana dispensaries in California. A similar suit was filed in San Francisco days earlier. "We will ask for injunctive relief in all four districts," said PJ Johnston, a spokesman for the statewide legal effort, coordinated by American for Safe Access (ASA). "The US attorneys in each of the four districts have basically threatened landlords, cannabis cooperatives and media outlets with prosecution and property forfeiture if they don't shut down operations immediately."

Federal prosecutors warn they are preparing to target newspapers, radio stations and other media outlets that advertise medical marijuana dispensaries in California. US Attorney Laura E. Duffy, whose district includes Imperial and San Diego counties, said cannabis advertising is the next area she's "going to be moving onto as part of the enforcement efforts in Southern California." Duffy said she could not speak for the three other US attorneys in the state but stressed that their efforts have been coordinated so far.

Federal prosecutors this week warned several  California cannabis dispensaries they must close in 45 days or face criminal charges and confiscation of their property. At least 16 dispensaries or their landlords received letters stating that they are in violation of federal law. The Associated Press obtained copies of the letters that a prosecutor sent to 12 San Diego dispensaries. They state that federal law "takes precedence over state law and applies regardless of the particular uses for which a dispensary is selling and distributing marijuana."

San Diego authorities said they have reached an agreement with a North Park landlord to evict cannabis dispensaries and massage parlors from his properties. San Diego City Attorney Jan Goldsmith said the owner of the building, at 4009-4010 Park Blvd., agreed to evict four dispensaries and a dozen massage parlors after authorities determined the businesses were violating zoning laws. Police said they believe the cannabis businesses were the cause of recent increases in traffic, loitering and public cannabis smoking in the area. Goldsmith said the landlord agreed to pay $10,000 in civil penalties without admitting liability. (UPI, Sept. 30)