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Filner ends pot dispensary crackdown; U.S. Attorney Duffy yet to respond

Today’s move may position new Democratic San Diego mayor for head-on collision with Obama’s U.S. Attorney here

San Diego mayor Bob Filner, whose election was opposed last year by U.S. Attorney Laura Duffy, today told the city's development department to stop its crackdown on medical marijuana dispensaries.

A day after a contretemps yesterday, in which Democrat Filner singled out GOP city attorney Jan Goldsmith as the bad guy in the pot shop crackdown, and Goldsmith fired back, saying that Filner could lift the crackdown by his own authority, the mayor issued his letter to city development chief Kelly Broughton:

I am writing to direct the Department of Neighborhood Code Compliance to stop targeted code enforcement against marijuana dispensaries in the City of San Diego immediately.

Further, pursuant to a letter from the City Attorney dated January 9, 2013, I am directing your Department to stop sending dispensary code enforcement cases to the City Attorney's Office for prosecution.

To be clear, if there are general code enforcement or health and safety issues arising from these businesses, you are expected to enforce those laws against these businesses in the same manner you would any other business.

As we noted here in October, Duffy, leading the Obama administration's crackdown against marijuana here, gave money to Filner's opponent, GOP city councilman Carl DeMaio and criticized Filner in public, part of what some said was an effort by federal officials to head off Filner's pro medical marijuana policies:

The Duffy dust-up in the U-T is only the latest indication that the federal law enforcement establishment here has unofficially thrown its weight behind Republican DeMaio.

http://sandiegoreader.com/users/photos/2013/jan/10/38236/

As previously reported, DeMaio was a guest of honor at the ground breaking for a new $223 million FBI regional headquarters in Sorrento Valley, being built by Las Vegas developer Irwin Molasky, a long-time associate of the late mobster Moe Dalitz.

According to city hall records obtained under the state public records act, DeMaio's office assisted Molasky in an attempt to hasten construction of the huge building over the objections of a neighboring property owner and some city employees. In turn, Molasky, his family, and employees of his Las Vegas-based development arm have been heavy donors to the DeMaio mayoral campaign.

Today's U-T report says Duffy has also personally contributed to DeMaio's cause.

U-T owner Manchester, also a staunch DeMaio backer, joined with Molasky to finance the campaign for Proposition B, DeMaio’s pension reform measure passed by voters in June.

In addition, Manchester and Molasky share the same city hall lobbyist, downtown GOP super-lawyer Paul Robinson, a key point man for Molasky's FBI project as well as Manchester's Grand del Mar resort complex.

More than a few local political observers also speculate that DeMaio's hard line on the regulation of medical marijuana versus Filner's more liberal position on the matter may also be influencing behind-the-scenes involvement by federal law enforcement in the campaign here.

Duffy has been a chief actor in the Obama Justice Department's crackdown on medical pot operations in the county, causing the ACLU here to accuse her of "unjustified interference in local legislative matters."

So far there has been no official response from Duffy on Filner’s latest move.

UPDATE: Filner has also sent a letter to police chief William Lansdowne, ordering him to stand down from so-called targeted code enforcement against the marijuana businesses as well.

I am writing to direct the Police Department to stop targeted code enforcement against marijuana dispensaries in the City of San Diego immediately.

Further, pursuant to a letter from the City Attorney dated January 9, 2013, I am directing your Department to stop sending dispensary code enforcement cases to the City Attorney's Office for prosecution.

In addition, the mayor issued a statement to the public, saying:

Until we have a new set of regulations for medical marijuana distribution, I have asked the Neighborhood Code Compliance Department and the Police Department to temporarily halt all prosecutions of city zoning code violations when it comes to medical marijuana dispensaries.

As I made very clear during my campaign for Mayor, I support the use of marijuana for medicinal purposes and am committed to ensuring the people who legitimately need it for relief of pain are not kept from accessing it.

I also want to assure the residents of San Diego that there will be the utmost safeguards surrounding these dispensaries. They will not be near schools, playgrounds or any areas where children might gather. Nor will they be allowed to infringe on the quality of life in any neighborhood

I believe that, in order to be a great city, we must also be a humane city and show compassion toward those who need help in dealing with chronic pain.

I plan to bring a proposed ordinance to regulate medical marijuana dispensaries to the San Diego City Council soon.

Nothing from Duffy yet.

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San Diego mayor Bob Filner, whose election was opposed last year by U.S. Attorney Laura Duffy, today told the city's development department to stop its crackdown on medical marijuana dispensaries.

A day after a contretemps yesterday, in which Democrat Filner singled out GOP city attorney Jan Goldsmith as the bad guy in the pot shop crackdown, and Goldsmith fired back, saying that Filner could lift the crackdown by his own authority, the mayor issued his letter to city development chief Kelly Broughton:

I am writing to direct the Department of Neighborhood Code Compliance to stop targeted code enforcement against marijuana dispensaries in the City of San Diego immediately.

Further, pursuant to a letter from the City Attorney dated January 9, 2013, I am directing your Department to stop sending dispensary code enforcement cases to the City Attorney's Office for prosecution.

To be clear, if there are general code enforcement or health and safety issues arising from these businesses, you are expected to enforce those laws against these businesses in the same manner you would any other business.

As we noted here in October, Duffy, leading the Obama administration's crackdown against marijuana here, gave money to Filner's opponent, GOP city councilman Carl DeMaio and criticized Filner in public, part of what some said was an effort by federal officials to head off Filner's pro medical marijuana policies:

The Duffy dust-up in the U-T is only the latest indication that the federal law enforcement establishment here has unofficially thrown its weight behind Republican DeMaio.

http://sandiegoreader.com/users/photos/2013/jan/10/38236/

As previously reported, DeMaio was a guest of honor at the ground breaking for a new $223 million FBI regional headquarters in Sorrento Valley, being built by Las Vegas developer Irwin Molasky, a long-time associate of the late mobster Moe Dalitz.

According to city hall records obtained under the state public records act, DeMaio's office assisted Molasky in an attempt to hasten construction of the huge building over the objections of a neighboring property owner and some city employees. In turn, Molasky, his family, and employees of his Las Vegas-based development arm have been heavy donors to the DeMaio mayoral campaign.

Today's U-T report says Duffy has also personally contributed to DeMaio's cause.

U-T owner Manchester, also a staunch DeMaio backer, joined with Molasky to finance the campaign for Proposition B, DeMaio’s pension reform measure passed by voters in June.

In addition, Manchester and Molasky share the same city hall lobbyist, downtown GOP super-lawyer Paul Robinson, a key point man for Molasky's FBI project as well as Manchester's Grand del Mar resort complex.

More than a few local political observers also speculate that DeMaio's hard line on the regulation of medical marijuana versus Filner's more liberal position on the matter may also be influencing behind-the-scenes involvement by federal law enforcement in the campaign here.

Duffy has been a chief actor in the Obama Justice Department's crackdown on medical pot operations in the county, causing the ACLU here to accuse her of "unjustified interference in local legislative matters."

So far there has been no official response from Duffy on Filner’s latest move.

UPDATE: Filner has also sent a letter to police chief William Lansdowne, ordering him to stand down from so-called targeted code enforcement against the marijuana businesses as well.

I am writing to direct the Police Department to stop targeted code enforcement against marijuana dispensaries in the City of San Diego immediately.

Further, pursuant to a letter from the City Attorney dated January 9, 2013, I am directing your Department to stop sending dispensary code enforcement cases to the City Attorney's Office for prosecution.

In addition, the mayor issued a statement to the public, saying:

Until we have a new set of regulations for medical marijuana distribution, I have asked the Neighborhood Code Compliance Department and the Police Department to temporarily halt all prosecutions of city zoning code violations when it comes to medical marijuana dispensaries.

As I made very clear during my campaign for Mayor, I support the use of marijuana for medicinal purposes and am committed to ensuring the people who legitimately need it for relief of pain are not kept from accessing it.

I also want to assure the residents of San Diego that there will be the utmost safeguards surrounding these dispensaries. They will not be near schools, playgrounds or any areas where children might gather. Nor will they be allowed to infringe on the quality of life in any neighborhood

I believe that, in order to be a great city, we must also be a humane city and show compassion toward those who need help in dealing with chronic pain.

I plan to bring a proposed ordinance to regulate medical marijuana dispensaries to the San Diego City Council soon.

Nothing from Duffy yet.

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