Will the Newport Avenue Marijuana Dispensary Be Forced to Close?

by on September 22, 2011 · 6 comments

in Civil Rights, Popular

City sues 12 medical marijuana dispensaries within 600 feet of schools

The San Diego City Attorney is going after marijuana dispensaries that are within 600 feet of schools.  This legal maneuver may very well force the closure of the Newport Avenue herb shop – which is on the 4800 block of the main business street in Ocean Beach, as it is within half a block or so of OB Elementary.  The Wellness Center is located approximately at mid-block, and presumably is within the distance that Goldsmith abhors.

Jan Goldsmith, the City Attorney, filed civil complaints against a dozen dispensaries on Wednesday, September 21st.  Goldsmith is requesting injunctions against the pot collectives for what he calls flouting city zoning laws “in a manner that puts our children at great risk.”  “We are asking the court to shut them down now,” Goldsmith declared.

The Newport Avenue dispensary is just one; others are located throughout San Diego, including the  College Area and Hillcrest.

Local NBC reports that:

Since August 2010, about 30 marijuana dispensaries have been shut down because of the city attorney’s office involvement, demand letters or court action. The attorney’s office hopes that all or most of the dispensaries will be brought before San Diego Superior Court.

“It will take some time to bring large numbers of dispensaries before the court. We will continue with our next group of filings shortly and more will follow thereafter,” Goldsmith said. “Although we realize not all will necessarily be shut down immediately, we and the community are turning to the courts to help us get a handle on this problem.”

The San Diego U-T reported this incredible statement by Goldsmith:

 “We have an untenable situation right now and a lot of policy conflicts. Marijuana distribution is illegal under federal law. If the federal government enforces its laws, there can be serious consequences to dispensaries and the owners of their buildings. Yet, medicinal marijuana is legal under state law under certain circumstances. In the city of San Diego, dispensaries aren’t permitted in any zone.”

Here is more from Christopher Catelango at the U-T:

The Development Services Department is responsible for interpreting and applying the city’s zoning ordinances. In 2009, department officials determined that medical marijuana dispensaries don’t fit within any of the existing zones.

 Complaints to code officers are forwarded for review to the City Attorney’s Office.   After rescission of the ordinance, the circumstances reverted to the previous standard that no dispensaries are allowed to operate within the city limits, Goldsmith said. ….

 Lawyers for the dispensaries said their clients’ collectives could fit within zones relating to pharmacies, medical offices, commercial distribution centers, wholesale distributions centers and agriculture. And, even if they could not, the city could not legally ban or prohibit them under state law.

 John Murphy, another attorney representing patients’ associations, has said the city’s position amounts to a de facto ban.

 Under the law, Goldsmith said a judge could craft interim rules that would shut down violators while respecting state laws.   “We are looking to the courts for help on this issue as there really is nowhere else to turn,” he said. “Exercising judicial discretion can help our community deal with this issue.”



{ 6 comments… read them below or add one }

OB Mercy September 22, 2011 at 5:32 pm

That dispensary on Newport is MY dispensary! Would not be able to tolerate my debilitating arthritis without it. I am SO damn sick of hearing all this B.S. against these compassionate care centers. Ask parents of kids at OB Elementary if the OB Wellness Center is impacting their school or children. Again, liquor stores can be within a 1000 ft of schools…ummm, let’s talk about how much more detrimental alcohol is to our society. Ridiculous. All you city attorneys can go straight to hell. Oh wait, y’all will end up there irregardless of my wishes!!


Christopher Moore September 22, 2011 at 5:52 pm

Mine too, Wellness Center is in my opinion the best of the dispensaries around here. Really pleasant, knowledgeable staff, and they treat you the same whether you have a Cadillac budget or a Schwinn budget.

It’s proven to be a great help to me that they’re only a block away, I have constant nausea due to gastroparesis that would be incapacitating without medical cannabis.

Complaining that the Wellness Center is somehow a menacing influence, on Newport freaking Ave of all places, is downright absurd.

It’s amazing how out of touch and reflexively authoritarian the dingbats that run this city are sometimes.


OB Mercy September 22, 2011 at 6:30 pm

Christopher, I was so incensed I went right to the city attorney’s web site and gave him a piece of my mind after commenting here! I suggest you do the same. Power in numbers baby! Here is his addy cityattorney@sandiego.gov


john September 22, 2011 at 7:05 pm

” John Murphy, another attorney representing patients’ associations, has said the city’s position amounts to a de facto ban.”

Of course it is, Bonnie “screw the will of the people if it endangers our war on drugs enabled cushy jobs” Dumanis and her cronies make it all too obvious.

“Under the law, Goldsmith said a judge could craft interim rules that would shut down violators while respecting state laws. ”

This asshat must think we’re all stupid. If the intent was to respect state laws on this he’d be looking for interim rules that could keep them OPEN while giving them time to comply with the new legislation you’re trying to enact!

There’s one thing worse than a lying public official… it’s the ones who think we’re so ignorant they can lie with such little effort.

San Diego, America’s finest conservative cesspool masquerading as a city in liberal California, and it has indeed encroached into OB. What happened to “US out of OB!”?


jonnyQ September 22, 2011 at 8:29 pm

There’s a small problem with their ideology and that is that it has recently been shown that dispensaries REDUCE crime in the neighborhood they are in. Or more specifically, crime goes up when dispensaries are shut down. Begs the question, ‘why do cops want crime levels higher near schools?’
ONE bit of accurate information and the whole story changes.
The cops know they are lying.


Deeply Concerned November 28, 2011 at 1:03 pm

Hitler would be a better candidate. To quote Mr.Goldsmith:

“I won’t run again. I have no interest in starting another political career. I don’t want to be a legislator. I don’t want to be a mayor. I’ve done that. So no, absolutely not!”

He’s running again. =Liar. And former divorce court attorney and judge. =Liar.

San Diego-if you continue to place theives and liars like Goldsmith in office you deserve the schalacking you’re getting with the family court crisis, banning of legal operations, pension scandal, the Dumanis tyranny, Cop Politicians, and the complete failure of public services that you’re getting.

I’m a highly educated student of government and history. Our founding fathers would sooner decapitate this thief than vote for him. I vote “No F’ing way” and encourage your careful consideration before voting for this crotchrot lying politician.



Leave a Comment

Older Article:

Newer Article: