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Most SF Dispensaries Opened Before Moratorium Says SF City Attorney

sfgov.org

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. CA June 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."