Most SF Dispensaries Opened Before Moratorium Says SF City Attorney

Blogged at http://www.ontherecord.org by Ann Harrison



Most SF Dispensaries Opened Before Moratorium Says SF City Attorney



CITY ATTORNEY DENNIS HERRERA NEWS RELEASE
FOR IMMEDIATE RELEASE: THURSDAY, JUNE 23, 2005
CONTACT: MATT DORSEY (415) 554-4662


INVESTIGATION FINDS MOST ACCUSED MEDICAL
CANNABIS DISPENSARIES DID NOT VIOLATE MORATORIUM

Consistent with S.F.'s Status as a Medical Cannabis Sanctuary, City Attorney
Investigation Is Limited to Moratorium Allegations, Unrelated to Action by Feds


SAN FRANCISCO (Jun. 23, 2005) -- In the wake of federal raids involving three
medical cannabis dispensaries yesterday, City Attorney Dennis Herrera today released
preliminary findings from an unrelated investigation by his office into charges
involving more than a dozen medical cannabis dispensaries for allegedly violating a
City moratorium that was passed without opposition by the Board of Supervisors on
March 29 and signed into law by Mayor Gavin Newsom on April 1. The moratorium on the
issuance of permits for new medical cannabis dispensaries sought to provide City
officials time to adopt local ordinances consistent with state law to regulate the
location and operation of the facilities "while still allowing for the operation of
legally existing medical cannabis dispensaries to guarantee that patients, their
caregivers and physicians have access to medical cannabis," according to the
ordinance.

The City Attorney's Office investigated allegations by City departments, neighbors
and anonymous sources of moratorium violations involving thirteen medical cannabis
dispensaries. To date, investigators have established credible evidence that seven
dispensaries in fact opened prior to the moratorium. An additional three facilities
that were subject to allegations were found to have closed voluntarily. Another
dispensary at 1939 Ocean Avenue, which appeared to have opened in violation of the
moratorium, was shuttered by federal authorities yesterday for unrelated reasons.
Two other dispensaries remain under investigation.

The City Attorney's investigation, which remains ongoing, is limited to issues
involving the City's moratorium that took effect April 1. Consistent with San
Francisco's status as a sanctuary for the use, cultivation and distribution of
medical cannabis under the California Compassionate Use Act of 1996 and other state
laws, the office was not in contact with federal authorities regarding actions
undertaken by the Drug Enforcement Administration in San Francisco yesterday. As a
civil law office enforcing City codes, the City Attorney does not initiate criminal
investigations or enforce federal drug laws.

"At a time in which City policymakers are grappling to balance the imperatives of
compassionate medical cannabis use with concerns from the neighborhoods they
represent, our investigation is necessary to ensure that moratorium scofflaws don't
inflame policy efforts or risk further involvement by federal authorities," Herrera
said. "The patients and caregivers of San Francisco deserve responsible dispensaries
that respect our City ordinances -- and by-and-large that's exactly what our
investigation has found."