San Diego's battle against unlicensed cannabis retailers took a legal turn as the City Attorney's Office filed a civil enforcement action targeting Mira Mesa Smoke and Vape, Inc., Prime Smoke and Vape, and individuals Wadeea Wadeea and Talin Toma for allegedly selling cannabis without proper licensing. The lawsuit, which represents the People of the State of California, accuses the defendants of operating in violation of state law and the San Diego Municipal Code, according to the San Diego City Attorney’s Office.
An investigation, involving undercover tactics, revealed THC products being sold from hidden back rooms, circumventing regulations that mandate licensing, safety, and correct labeling, which is a public nuisance as per California law, the operations didn't have the required state cannabis licenses nor City of San Diego Cannabis Outlet Permits, they also eschewed protocols intended to protect public health and hinder illegal market diversion. "Unlicensed cannabis operations pose a real risk to public health and undermine the integrity of our regulated marketplace," City Attorney Heather Ferbert expressed, per the San Diego City Attorney’s Office, emphasizing the importance of consumer protections and fair business practices.
The civil enforcement action seeks considerable penalties, with the lawsuit calling for injunctive relief, abatement, and civil penalties that could reach up to $2,500 for each infraction under the Unfair Competition Law and up to $25,000 per offense per the Health and Safety Code; additional fines are requested for any infringements involving senior citizens or individuals with disabilities.
The Affirmative Civil Enforcement (ACE) Unit of the City Attorney's Office is spearheading the prosecution of this case, which continues the city's efforts to enforce law and order in the commercial cannabis sector, the case reflects an ongoing commitment from the City Attorney’s Office to fight against illegal operations that bypass the regulatory framework, this case marks a larger push to ensure a safe and equitable marketplace within San Diego. According to the official complaint, those found to be in violation face significant financial consequences, along with the cessation of their unlawful activities.
