El Paso County District Attorney Dan May is coming under fire for making calls to top officials trying to get them to close a medical marijuana dispensary near his home.

Pure Medical opened its doors two months ago near Delmonico and Rockrimmon on the northwest side of Colorado Springs. Kevin Donovan, an attorney for the dispensary, tells NEWSCHANNEL 13 the landlord of the building, where his client rents, got a call last month from Mr. May asking who was renting the space.

"The landlord was a little intimidated that the district attorney would be calling about a tenant," says Mr. Donovan.

NEWSCHANNEL 13 had been told Mr. May placed calls to the chief of police, code enforcement and regional building in efforts to get the medical marijuana dispensary closed down for violating city code enforcement laws. 

The Internal Revenue Service was also called, but the agency won't say why they placed a visit to the dispensary.

Mr. May says his calls were made as a private citizen, not as the district attorney for El Paso County. He told NEWSCHANNEL 13 by phone that he couldn't do an interview Thursday night and would say more at a news conference tentatively planned for next week.

"It's hard to separate the official capacity from the citizen when you're a district attorney; It's going to have some wondering if there is some kind of criminal prosecution that may be looming out there," says Mr. Donovan.

Mr. May has been a vocal opponent for the opening of medical marijuana shops thought out El Paso County. On October 26, 2009 (click on the date to see a video archive of the presentation Mr. May gave to council.  He is at about 21 minutes) he gave a presentation to members of the Colorado Springs City Council on the hazards posed by dispensaries.

He told council dispensaries and growing operatioins spur crime like robbery, burglary home invasions and assaults.  

Under Colorado Amendment 20, those with serious medical conditions: cancer, HIV/AIDS, or glaucoma can obtain a permit to use medical marijuana. According to Mr. May, only five percent of those suffers are getting the substance. 

He estimates 90% of the medical marijuana customers use it just for pain; 73% of patients are male within an average age of 40.

Mr. May adds the amendment, passed by voters in 2000, doesn't specify dispensaries, but city code could keep these businesses out.  "You'll find there is no land use in this community for dispensaries and it's already in violation of the law of your code."

Ken Lewis with Code Enforcement tells NEWSCHANNEL 13 there are no laws currently that don't allow dispensaries to be located near a neighborhood. "Not at this time, we enforce existing codes that are in the city code."

Mr. Lewis says 27 other citizen complaints were called into his office about Pure Medical. An investigator did a check of the facility, but found no violations, so no citations were issued.

Ethics Watch, a watchdog organization out of Denver, keeps officials accountable for unethical activities. Director Luis Toro doesn't feel Mr. May crossed the line when he placed calls to top officials to complain. "It sounds to me he's walking right up to the line and he knows where the line is."

Mr. Toro adds Mr. May should have someone else call, like Ms. May to complain. "I think when you're the district attorney and you're calling law enforcement officials and you say this is a violation of the law, you know how they are going to take that."