Score: -8
(4/7/12)
San Diego County Grand Jury
• 2009-2010
Medical Marijuana in San Diego
22 pages
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 11 findings
F01
The District Attorney’s Office has not published guidelines for the operation of legal medical marijuana cooperatives and collectives in San Diego County which would address the concerns of operators of those programs who are trying to comply with State law.
No recommendations for this finding
F02
There is currently no forum through which the operators of legitimate medical marijuana collectives and cooperatives could engage in dialogue with representatives of the District Attorney’s Office on a regular basis.
No recommendations for this finding
F03
There are no clear and uniform guidelines for law enforcement personnel in San Diego County which would protect the rights of legitimate qualified medical marijuana patients.
No recommendations for this finding
F04
The San Diego City Council is empowered by Government Code Section 65858 to enact a moratorium on the opening of additional medical marijuana dispensaries.
No recommendations for this finding
F05
Adopting cost neutral zoning and land use ordinances is an effective method for the licensing, regulation and periodic inspection of cooperatives and collectives distributing medical marijuana in the unincorporated areas and eighteen cities of San Diego County.
No recommendations for this finding
F06
The recommendations of the City of San Diego’s Medical Marijuana Task Force for zoning and land use ordinances for cooperatives and collectives may serve as a model for adoption by other cities in the County.
No recommendations for this finding
F07
Annual financial reporting and periodic auditing of cooperatives and collectives, predominantly cash operations, are not currently required in San Diego County.
No recommendations for this finding
F08
The current ban on the opening of medical marijuana collectives in the Cities of El Cajon, Escondido, San Marcos and Vista deprives some qualified medical marijuana patients of access to marijuana in their communities.
No recommendations for this finding
F09
The lack of zoning and land use ordinances for the licensing, regulation and periodic inspection of cooperatives and collectives distributing medical marijuana in the cities of Carlsbad, Coronado, Del Mar, Encinitas, La Mesa, Lemon Grove, Poway and Solana Beach deprives some qualified medical marijuana patients of access to marijuana in their communities.
No recommendations for this finding
F10
The current moratorium on the opening of cooperatives and collectives distributing medical marijuana in the unincorporated areas of San Diego County and the cities of Chula Vista, Imperial Beach, National City, Oceanside and Santee deprives some qualified medical marijuana patients of access to marijuana in their communities.
Related Recommendations (18)
10-107
Page 1
In consultation with the San Diego County Sheriff’s Department and
10-108
Page 1
In cooperation with the San Diego County Sheriff’s Department,
10-109
Page 1
In cooperation with the County of San Diego District Attorney and in
10-110
Page 1
Adopt clear guidelines for law enforcement personnel so that the
10-111
Page 1
In cooperation with the County of San Diego District Attorney,
10-112
Page 1
Adopt a cost neutral County program for the licensing, regulation and
10-113
Page 1
Adopt regulations which would allow for the closure of all unlicensed
10-114
Page 1
Enact an ordinance creating an immediate moratorium on the
10-115
Page 1
Enact an ordinance to establish a cost neutral program for the
10-116
Page 1
Adopt regulations which would allow for the closure of all
10-117
Page 1
Enact an ordinance to establish a cost neutral program for the
10-118
Page 1
Adopt regulations which would allow for the closure of all unlicensed
10-119
Page 1
Upon the enactment of such an ordinance, rescind the current ban on
10-120
Page 1
Enact an ordinance to establish a cost neutral program for the
10-121
Page 1
Adopt regulations which would allow for the closure of all unlicensed
10-122
Page 1
Upon the enactment of such an ordinance, rescind the current
10-123
Page 1
Enact an ordinance to establish a cost neutral program for the
10-124
Page 1
Adopt regulations which would allow for the closure of all unlicensed
F11
The imposition of regulatory fees and associated costs could create a financial hardship for the smaller medical marijuana cooperatives and collectives.
No recommendations for this finding
Agency Responses 10
Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.
▶
San Diego District Attorney
November 17, 2010
•
3 pages
• 18 responses
•
Score: 0
(+1, 1, -1)
View Details ▾
18 responses to findings and recommendations
F01
The District Attorney’s Office has not published guidelines for the operation of legal medical marijuana cooperatives and collectives in San Diego County which would address the concerns of operators of those programs who are trying to comply with State law.
Response: Agree
Score: +1
The District Attorney agrees with this finding. It is worth noting though, that in the days prior to the release of the Grand Jury's Report on Medical Marijuana, the County Board of Supervisors did enact both a zoning ordinance and a regulatory ordinance that offer very detailed instructions for the operation of medical marijuana-related facilities in the unincorporated areas of San Diego County.
F02
There is currently no forum through which the operators of legitimate medical marijuana collectives and cooperatives could engage in dialogue with representatives of the District Attorney’s Office on a regular basis.
Response: Disagree Partially
Score: 0
The District Attorney agrees in part with this finding. It is true that there is no "forum" or regularly scheduled meeting where representatives of the District Attorney's Office meet with the public to answer medical marijuana-related questions. However, representatives of the District Attorney's Office regularly receive inquiries from members of the public who have medical marijuana-related questions.
R2
Development of a treatment plan with objectives
Response: Unknown
Score: 0
F03
There are no clear and uniform guidelines for law enforcement personnel in San Diego County which would protect the rights of legitimate qualified medical marijuana patients.
Response: Disagree
Score: -1
The District Attorney disagrees with this finding. There is a uniform statewide statutory scheme that defines what conduct is legal for qualified medical marijuana patients and their designated caregivers. That scheme is found in Health and Safety Code § 11362.5, the Compassionate Use Act of 1996, and in Health and Safety Code §§ 11362.7 - 11362.9, the Medical Marijuana Program Act of 2003.
R3
No permissible use under existing land use codes Just because one of these strategies is in effect in a given community does not necessarily mean that there are no cooperatives or collectives currently operating in that jurisdiction. Moratoria: While in the process of investigating and researching the issue of licensing marijuana dispensaries, city councils may enact date-specific moratoria that expressly prohibit the presence of medical marijuana dispensaries and prohibit the sale of marijuana ...
Response: Unknown
Score: 0
F04
The San Diego City Council is empowered by Government Code Section 65858 to enact a moratorium on the opening of additional medical marijuana dispensaries.
Response: Unknown
Score: 0
R4
Periodic review of the treatment's efficacy
Response: Unknown
Score: 0
F05
Adopting cost neutral zoning and land use ordinances is an effective method for the licensing, regulation and periodic inspection of cooperatives and collectives distributing medical marijuana in the unincorporated areas and eighteen cities of San Diego County.
Response: Unknown
Score: 0
R5
Consultation, as necessary
Response: Unknown
Score: 0
F06
The recommendations of the City of San Diego’s Medical Marijuana Task Force for zoning and land use ordinances for cooperatives and collectives may serve as a model for adoption by other cities in the County.
Response: Unknown
Score: 0
R6
Proper record keeping that supports the decision to recommend the use of medical marijuana If physicians use the same care in recommending medical marijuana to patients as they would in recommending any other medication, they would not be subject to license suspension or revocation. On the federal level, the United States Court of Appeals ruled in a 2002 decision in the Conant v. Walters case that the government could not revoke a physician’s Drug Enforcement Administration registration merely b...
Response: Unknown
Score: 0
F07
Annual financial reporting and periodic auditing of cooperatives and collectives, predominantly cash operations, are not currently required in San Diego County.
Response: Unknown
Score: 0
R7
install signage and special lighting
Response: Unknown
Score: 0
F08
The current ban on the opening of medical marijuana collectives in the Cities of El Cajon, Escondido, San Marcos and Vista deprives some qualified medical marijuana patients of access to marijuana in their communities.
Response: Unknown
Score: 0
R8
pay administrative fee costs The smaller cooperatives and collectives will be challenged to follow the guidelines because of budgetary constraints. Cooperatives or collectives that are providing a legitimate service to qualified patients, and are willing to follow the guidelines for their small group of medical marijuana patients, should not be forced to close because they cannot afford to remain in compliance with the new regulations. Physicians The Grand Jury’s investigation reveals that law e...
Response: Unknown
Score: 0
F09
The lack of zoning and land use ordinances for the licensing, regulation and periodic inspection of cooperatives and collectives distributing medical marijuana in the cities of Carlsbad, Coronado, Del Mar, Encinitas, La Mesa, Lemon Grove, Poway and Solana Beach deprives some qualified medical marijuana patients of access to marijuana in their communities.
Response: Unknown
Score: 0
F10
The current moratorium on the opening of cooperatives and collectives distributing medical marijuana in the unincorporated areas of San Diego County and the cities of Chula Vista, Imperial Beach, National City, Oceanside and Santee deprives some qualified medical marijuana patients of access to marijuana in their communities.
Response: Unknown
Score: 0
F11
The imposition of regulatory fees and associated costs could create a financial hardship for the smaller medical marijuana cooperatives and collectives.
Response: Unknown
Score: 0
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San Diego Sheriff
November 17, 2010
•
4 pages
• 4 responses
•
Score: -3
(+0, 1, -3)
View Details ▾
4 responses to findings and recommendations
F03
There are no clear and uniform guidelines for law enforcement personnel in San Diego County which would protect the rights of legitimate qualified medical marijuana patients.
Response: Disagree
Score: -1
Disagree. Law enforcement personnel are governed by the Compassionate Use Act of 1996, the Medical Marijuana Program Act enacted in 2004, the California Attorney General Guidelines published in 2008, evolving case law on medical marijuana and the newly enacted San Diego County Code, Title 2, Divisionl, Chapter 25 Adopting Regulations Relating to Medical Marijuana Collective Facilities in the unincorporated County.
10-109
In cooperation with the County of San Diego District Attorney and in
Response: Will Not Implement
Score: -1
The recommendation will not be implemented because it is not practical. Currently all law enforcement personnel are governed by the Compassionate Use Act of 1996, the Medical Marijuana Program Act enacted in 2004, the California Attorney General Guidelines published in 2008 and evolving case law on medical marijuana. Deputy Sheriffs working the unincorporated area are also governed by the newly enacted San Diego County Code, Title 2, Division1, Chapter 25 Adopting Regulations Relating to Medical Marijuana Collective Facilities.
10-110
Adopt clear guidelines for law enforcement personnel so that the
Response: Implemented
Scheduled: Implemented via County Board of Supervisors approval.
Score: 0
The recommendation has been implemented. On June 30, 2010 the County Board of Supervisors approved a medical marijuana zoning and regulatory ordinance which provides clear guidance for deputies working in the unincorporated areas. Additionally, all law enforcement personnel are governed by the Compassionate Use Act of 1996, the Medical Marijuana Program Act enacted in 2004, the California Attorney General Guidelines published in 2008 and evolving case law on medical marijuana.
10-111
In cooperation with the County of San Diego District Attorney,
Response: Will Not Implement
Score: -1
The recommendation will not be implemented because it is not warranted. The Sheriff's Department serves the unincorporated area as well as nine contract cities. The Sheriff's jurisdiction ranges from the Imperial Beach area to Fallbrook to remote East County areas such as Borrego Springs and Campo. There are currently no legal medical marijuana collectives in the Sheriff's jurisdiction.
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City of Sheriff's Department
November 17, 2010
•
2 pages
• 1 response
•
Score: -1
(+0, 0, -1)
View Details ▾
1 response to findings and recommendations
F09
The lack of zoning and land use ordinances for the licensing, regulation and periodic inspection of cooperatives and collectives distributing medical marijuana in the cities of Carlsbad, Coronado, Del Mar, Encinitas, La Mesa, Lemon Grove, Poway and Solana Beach deprives some qualified medical marijuana patients of access to marijuana in their communities.
Response: Disagree
Score: -1
the findings and recommendations contained therein. The City wholly disagrees with Finding #09 on page 17 of the Grand Jury report.
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City of Sheriff's Department
November 17, 2010
•
3 pages
• 4 responses
•
Score: -2
(+1, 0, -3)
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4 responses to findings and recommendations
F05
Adopting cost neutral zoning and land use ordinances is an effective method for the licensing, regulation and periodic inspection of cooperatives and collectives distributing medical marijuana in the unincorporated areas and eighteen cities of San Diego County.
Response: Disagree
Score: -1
The City of Carlsbad disagrees with this finding. The City of Carlsbad views medical marijuana collectives and cooperatives as an enterprise that are prohibited under the City's zoning ordinance as a non-permitted use and non-permitted business under its licensing ordinance.
F06
The recommendations of the City of San Diego’s Medical Marijuana Task Force for zoning and land use ordinances for cooperatives and collectives may serve as a model for adoption by other cities in the County.
Response: Agree
Score: +1
The City of Carlsbad agrees with this finding that the City of San Diego's Medical Marijuana Task Force for zoning and land use ordinances for cooperatives and collectives may serve as a model for jurisdictions, other than the City of Carlsbad, to adopt.
F09
The lack of zoning and land use ordinances for the licensing, regulation and periodic inspection of cooperatives and collectives distributing medical marijuana in the cities of Carlsbad, Coronado, Del Mar, Encinitas, La Mesa, Lemon Grove, Poway and Solana Beach deprives some qualified medical marijuana patients of access to marijuana in their communities.
Response: Disagree
Score: -1
The City of Carlsbad disagrees with this finding as it relates to the City of Carlsbad. The Report does not indicate that it examined the availability of or access to medical marijuana in the City of Carlsbad. The Report does not state that any qualified medical Marijuana patient living in Carlsbad has been unable to obtain medical marijuana from another location(s).
F11
The imposition of regulatory fees and associated costs could create a financial hardship for the smaller medical marijuana cooperatives and collectives.
Response: Disagree
Score: -1
- "The imposition of regulatory fees and associated costs could create a financial hardship for the smaller medical marijuana cooperatives and collectives." The City of Carlsbad disagrees with this finding as it relates to the City of Carlsbad. The Report is silent related to any comparison between medical marijuana cooperatives and collectives' revenue and the burden of paying regulatory fees imposed by a local jurisdiction charged with regulating medical marijuana cooperatives and collectives. The City of Carlsbad has no reason to believe that legitimate medical marijuana cooperatives and co...
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City of Sheriff's Department
November 17, 2010
•
2 pages
View Details ▾
No structured response data extracted yet.
View the PDF for full details.
▶
City of Sheriff's Department
November 17, 2010
•
2 pages
• 2 responses
•
Score: 0
(+0, 1, 0)
View Details ▾
2 responses to findings and recommendations
10-117
Enact an ordinance to establish a cost neutral program for the
Response: Unknown
Score: 0
above. Were the city to consider enactment of such an ordinance in the future, its implementation would require changes to the city's zoning ordinances following public hearings, not the recession of an existing moratorium or other "ban." The instructions accompanying the Grand Jury's report indicated that the city should respond through its city council (as to Items 10-117 through 10-119), and this letter is sent in conformity with those instructions. ii MORRIS B. VANCE Mayor
10-118
Adopt regulations which would allow for the closure of all unlicensed
Response: Implemented
Scheduled: Previously implemented
Score: 0
Agree. This recommendation was previously implemented. The City of Vista zoning laws do not allow medical marijuana establishments irrespective of their form or status.
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City of Sheriff's Department
November 17, 2010
•
2 pages
• 1 response
•
Score: -1
(+0, 0, -1)
View Details ▾
1 response to findings and recommendations
10-114
Enact an ordinance creating an immediate moratorium on the
Response: Will Not Implement
Score: -1
below. Finding #05: Adopting cost neutral zoning and land use ordinances is an effective method for the licensing, regulation and periodic inspection of cooperatives and collectives distributing medical marijuana in the unincorporated areas and eighteen cities of San Diego County. Partially Disagree. While the adoption of such ordinances may be an obvious option to regulate medical marijuana cooperatives, there is no present evidence to prove that such ordinances are effective in regulating the distribution of medical marijuana. Finding #11: The imposition of regulatory fees and associated cos...
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City of Sheriff's Department
November 17, 2010
•
3 pages
• 6 responses
•
Score: 0
(+2, 2, -2)
View Details ▾
6 responses to findings and recommendations
F01
The District Attorney’s Office has not published guidelines for the operation of legal medical marijuana cooperatives and collectives in San Diego County which would address the concerns of operators of those programs who are trying to comply with State law.
Response: Disagree Partially
Score: 0
The City agrees that the District Attorney's office has not published guidelines for the operation of legal medical marijuana cooperatives and collectives in San Diego County: however, the City disagrees that such guidelines would address the concerns of operators of those programs who are trying to comply with State law.
F02
There is currently no forum through which the operators of legitimate medical marijuana collectives and cooperatives could engage in dialogue with representatives of the District Attorney’s Office on a regular basis.
Response: Agree
Score: +1
The City agrees.
F03
There are no clear and uniform guidelines for law enforcement personnel in San Diego County which would protect the rights of legitimate qualified medical marijuana patients.
Response: Disagree
Score: -1
There have been guidelines prepared by the District Attorney's office that the El Cajon Police Department has incorporated onto a training bulletin being used in this City.
F04
The San Diego City Council is empowered by Government Code Section 65858 to enact a moratorium on the opening of additional medical marijuana dispensaries.
Response: Disagree Partially
Score: 0
The City agrees; however, that action does not apply to the City of El Cajon.
F05
Adopting cost neutral zoning and land use ordinances is an effective method for the licensing, regulation and periodic inspection of cooperatives and collectives distributing medical marijuana in the unincorporated areas and eighteen cities of San Diego County.
Response: Disagree
Score: -1
The City disagrees. The implementation and ongoing enforcement of zoning and land use ordinances to license, regulate and periodically inspect cooperatives and collectives distributing medical marijuana in the City of El Cajon creates an additional unnecessary burden on local government.
F07
Annual financial reporting and periodic auditing of cooperatives and collectives, predominantly cash operations, are not currently required in San Diego County.
Response: Agree
Score: +1
The City agrees.
▶
Sheriff's Department
July 23, 2010
•
3 pages
• 29 responses
•
Score: -1
(+0, 2, -1)
View Details ▾
29 responses to findings and recommendations
F01
The District Attorney’s Office has not published guidelines for the operation of legal medical marijuana cooperatives and collectives in San Diego County which would address the concerns of operators of those programs who are trying to comply with State law.
Response: Unknown
Score: 0
F02
There is currently no forum through which the operators of legitimate medical marijuana collectives and cooperatives could engage in dialogue with representatives of the District Attorney’s Office on a regular basis.
Response: Unknown
Score: 0
R2
Development of a treatment plan with objectives
Response: Unknown
Score: 0
F03
There are no clear and uniform guidelines for law enforcement personnel in San Diego County which would protect the rights of legitimate qualified medical marijuana patients.
Response: Unknown
Score: 0
R3
No permissible use under existing land use codes Just because one of these strategies is in effect in a given community does not necessarily mean that there are no cooperatives or collectives currently operating in that jurisdiction. Moratoria: While in the process of investigating and researching the issue of licensing marijuana dispensaries, city councils may enact date-specific moratoria that expressly prohibit the presence of medical marijuana dispensaries and prohibit the sale of marijuana ...
Response: Unknown
Score: 0
F04
The San Diego City Council is empowered by Government Code Section 65858 to enact a moratorium on the opening of additional medical marijuana dispensaries.
Response: Unknown
Score: 0
F05
Adopting cost neutral zoning and land use ordinances is an effective method for the licensing, regulation and periodic inspection of cooperatives and collectives distributing medical marijuana in the unincorporated areas and eighteen cities of San Diego County.
Response: Unknown
Score: 0
regarding recent County action relative to the siting and operations of medical marijuana collective facilities within the unincorporated County. The 2009/2010 San Diego County Grand Jury recommends that the County of San Diego Board of Supervisors: Recommendation 10-112: Adopt a cost neutral County program for the licensing, regulation and periodic inspection of authorized collectives and cooperatives distributing medical marijuana in the unincorporated areas of San Diego County, and establish a limited on the number of such facilities. Response: The recommendation has been implemented. On Ju...
F06
The recommendations of the City of San Diego’s Medical Marijuana Task Force for zoning and land use ordinances for cooperatives and collectives may serve as a model for adoption by other cities in the County.
Response: Unknown
Score: 0
R6
Proper record keeping that supports the decision to recommend the use of medical marijuana If physicians use the same care in recommending medical marijuana to patients as they would in recommending any other medication, they would not be subject to license suspension or revocation. On the federal level, the United States Court of Appeals ruled in a 2002 decision in the Conant v. Walters case that the government could not revoke a physician’s Drug Enforcement Administration registration merely b...
Response: Unknown
Score: 0
F07
Annual financial reporting and periodic auditing of cooperatives and collectives, predominantly cash operations, are not currently required in San Diego County.
Response: Unknown
Score: 0
R7
install signage and special lighting
Response: Unknown
Score: 0
F08
The current ban on the opening of medical marijuana collectives in the Cities of El Cajon, Escondido, San Marcos and Vista deprives some qualified medical marijuana patients of access to marijuana in their communities.
Response: Unknown
Score: 0
R8
pay administrative fee costs The smaller cooperatives and collectives will be challenged to follow the guidelines because of budgetary constraints. Cooperatives or collectives that are providing a legitimate service to qualified patients, and are willing to follow the guidelines for their small group of medical marijuana patients, should not be forced to close because they cannot afford to remain in compliance with the new regulations. Physicians The Grand Jury’s investigation reveals that law e...
Response: Unknown
Score: 0
F09
The lack of zoning and land use ordinances for the licensing, regulation and periodic inspection of cooperatives and collectives distributing medical marijuana in the cities of Carlsbad, Coronado, Del Mar, Encinitas, La Mesa, Lemon Grove, Poway and Solana Beach deprives some qualified medical marijuana patients of access to marijuana in their communities.
Response: Unknown
Score: 0
F10
The current moratorium on the opening of cooperatives and collectives distributing medical marijuana in the unincorporated areas of San Diego County and the cities of Chula Vista, Imperial Beach, National City, Oceanside and Santee deprives some qualified medical marijuana patients of access to marijuana in their communities.
Response: Disagree
Score: -1
Disagree. See above response to Finding #05 regarding recent County action relative to the siting and operations of medical marijuana collective facilities within the unincorporated County. The 2009/2010 San Diego County Grand Jury recommends that the County of San Diego Board of Supervisors:
F11
The imposition of regulatory fees and associated costs could create a financial hardship for the smaller medical marijuana cooperatives and collectives.
Response: Unknown
Score: 0
10-108
In cooperation with the San Diego County Sheriff’s Department,
Response: Unknown
Score: 0
10-109
In cooperation with the County of San Diego District Attorney and in
Response: Unknown
Score: 0
10-110
Adopt clear guidelines for law enforcement personnel so that the
Response: Unknown
Score: 0
10-111
In cooperation with the County of San Diego District Attorney,
Response: Unknown
Score: 0
10-112
Adopt a cost neutral County program for the licensing, regulation and
Response: Implemented
Score: 0
The recommendation has been implemented. On June 30, 2010 the County Board of Supervisors adopted ordinances regulating the siting and operations of medical marijuana collective facilities within the unincorporated County. The Board adopted cost neutral ordinances which will require applicants to cover costs associated with the Sheriff's licensing process and DPLU building division fees. Fees would be utilized to cover staff time needed for applicant processing and inspection of medical marijuana collective facilities. Also, as part of this action, amendments to the County Zoning Ordinance wou...
10-113
Adopt regulations which would allow for the closure of all unlicensed
Response: Implemented
Score: 0
The recommendation has been implemented. On June 30, 2010 the County Board of Supervisors adopted ordinances which included zoning ordinance amendments that incorporated a provision regarding the amortization of all nonconforming medical marijuana collective facilities within the unincorporated County.
10-114
Enact an ordinance creating an immediate moratorium on the
Response: Unknown
Score: 0
10-115
Enact an ordinance to establish a cost neutral program for the
Response: Unknown
Score: 0
10-116
Adopt regulations which would allow for the closure of all
Response: Unknown
Score: 0
10-117
Enact an ordinance to establish a cost neutral program for the
Response: Unknown
Score: 0
10-118
Adopt regulations which would allow for the closure of all unlicensed
Response: Unknown
Score: 0
10-119
Upon the enactment of such an ordinance, rescind the current ban on
Response: Unknown
Score: 0
10-120
Enact an ordinance to establish a cost neutral program for the
Response: Unknown
Score: 0
▶
City of Sheriff's Department
July 21, 2010
•
3 pages
View Details ▾
No structured response data extracted yet.
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