Three years ago, Vista’s success in using criminal prosecutions to shutter illegal medical marijuana dispensaries was being hailed and copied by other cities struggling to crack down on similar shops. By 2014, Vista had closed 12 of 15 dispensaries in town, according to news reports.

But that success has been hard to maintain. Ten marijuana shops are now operating in Vista, according to city officials, who have expanded the tools they use to curtail the operations.

In addition to 68 criminal cases filed against dispensaries over the past few years, Vista has begun targeting landlords who rent space to the shops, winning a misdemeanor conviction against one in March.

The landlord in that case told the judge he had taken a “don’t ask, don’t tell” approach with his tenants, according to Annie Sahhar, a city prosecutor.


Vista has closed 30 medical marijuana shops over the past few years, but “we have seen more dispensaries attempting to open up,” Sahhar said.

City Attorney Darold Pieper said that although Vista has had “an overall decrease in the number (of stores) operating at any one time,” keeping the problem in check is an uphill battle. Still, Vista appears determined to win.

“We can only guess at their motivation, but it seems likely to come down to money,” Pieper said. “These businesses are extremely lucrative, and even if they are open only a short time, they produce substantial cash flows, which is why they can afford to pay above-market rents.”

State law allows the medical use of marijuana, but many cities like Vista specifically prohibit commercial sales. The criminal cases are not based on laws prohibiting the sale of illegal drugs, but are misdemeanor violations of city zoning regulations.


Pieper said that in Vista, criminal prosecutions are usually a last resort. Dispensaries often shut down the first time they’re contacted by city officials. Cities may also file civil lawsuits against dispensaries, but those are often more costly and time consuming.

Most of the criminal cases in Vista have ended in plea bargains, usually three years’ probation and the threat of jail time, officials said. One recent defendant is looking at the possibility of 90 days in jail.

The city this week began mailing letters to owners of Vista’s roughly 1,600 commercial properties, reminding them that dispensaries are banned and that landlords who violate the law can be held criminally liable.

Sahhar said sometimes a property owner is unaware that a dispensary has moved in, duped by a renter who has obtained a city license for a different sort of business.


“We have seen it happen,” Sahhar said. “We want you (landlords) to be aware and thoroughly vet your tenants.”

In San Diego County, Vista led the way in using criminal prosecution to quell the businesses, taking a cue from cities like Bellflower and Los Angeles. Vista’s success led others to follow suit; San Diego started using criminal prosecutions earlier this year.

In North County, Oceanside still leans toward civil prosecutions, which its city attorney said are “typically more effective.” However, the city did bring criminal charges against the employees and manager of a dispensary that relocated after the city forced its first site to close. The landlords at the second site evicted the dispensary.

Carlsbad has twice brought criminal cases against pot shop operators (a total of five people), but has not criminally cited landlords. San Marcos has never filed criminal charges against dispensaries.


× Proposition 64, a measure that would legalize marijuana for adult recreational use, has qualified for the California ballot.

Even if state voters in November should support Proposition 64, which would legalize the recreational use of marijuana, it will remain illegal to set up commercial growing or selling operations in Vista.

teri.figueroa@sduniontribune.com