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Federal letter may make Berkeley Patients Group relocate

Berkeley Patients Group on San Pablo Avenue: may be forced to move. Photos: Frances Dinkelspiel

The owner of the building that houses the Berkeley Patients Group has put it up for sale, further fueling whispers that the federal government sent a letter ordering the cannabis dispensary to shut down.

Gordon Commerical Real Estate is listing the property at 2747 San Pablo Avenue, which is owned by David Mayeri, as a development site for $2.55 million. The 17,500 square foot structure, built in 1953, is an old car dealership, and has a distinctive rounded front room with curved windows that once displayed automobiles. The property has permits in place for a five-story mixed-use building.

The East Bay Express reported in February that the head of NORML, a marijuana advocacy group, said that BPG had gotten a letter from the federal government telling it to shut down. Officials from Berkeley Patients Group have declined to confirm or deny the reports that Mayeri received a letter from U.S. Attorney Melissa Haag. But well-informed sources who asked not to be named tell Berkeleyside that Mayeri got a notice in late November.Mayeri declined to comment.

Haag and other U.S. Attorneys in northern California have sent out a number of letters to property owners who rent to cannabis companies, giving them 45 days to stop the sale and distribution of cannabis on their property or face steep fines, criminal prosecution, or forfeiture of their property. Many of the letters have gone to dispensaries that operate within 1,000 feet of a school or playground.

A excerpt from a letter sent to a San Francisco property owner. Image: KQED

Berkeley Patients Group sits 907 feet from Ecole Bilingue on Heinz Avenue.

If BPG, Berkeley’s largest cannabis dispensary shuts down, the closure will have significant implications. BPG currently employees 75 people and serves thousands of cannabis patients each month.

Finding another site in Berkeley may not be easy. BPG has been trying to find a larger spot for years, and made an unsuccessful bid to move into the old Scharffen Berger building on Heinz in 2010. The plans were scuttled after Wareham Development bought the building, preempting the move.

“In this climate, it is going to be hard to get a landlord to rent to you,” said Charley Pappas, whose San Francisco Divinity Tree dispensary closed late last year after receiving a federal letter. He is a member of Berkeley’s Medical Cannabis Commission and would like to open a dispensary in Berkeley. “If I were a landlord I would think twice about renting to a dispensary.”

Berkeley Patients Group: employs around 75 and serves several thousand customers

It is unclear if Berkeley Patients Group would have to apply for a new dispensary permit if it moves from its current location. Zach Cowan, the Berkeley city attorney, said he could not comment on whether BPG would have to apply for a new permit because he does not know under what circumstances it would have closed.

“I would want to look very closely at what the federal government said before I say anything about it,” said Cowan.

Currently, there is no established permitting process for new dispensaries. Measure T, which Berkeley voters adopted in November 2010, expanded the number of possible permitted dispensaries from three to four, established the Medical Cannabis Commission and gave it the responsibility to draft a permitting process. The City Council would have final say on any new regulations.

But the Medical Cannabis Commission just started to meet in September and is still working on new rules. They most likely will not be finished until the summer, said Pappas.

The federal letter is just the latest in a series of challenges confronting Berkeley Patients Group. The state of California informed the organization in February 2011 that it owes $6.4 million in unpaid sales taxes and interest. BPG is currently working out a payment plan with the Board of Equalization.

BPG is suing former executive Rebecca DeKeuster for breach of contract and non-payment of more than $600,000 in loans. BPG sent DeKuester to Maine to help open some dispensaries there but she abandoned her partnership with BPG and formed a new business alliance. BPG accused her in July 2011 of stealing trade secrets. DeKeuster’s new business, the Northeast Patients Group, filed a countersuit against BPG.

Related:
Berkeley orders two cannabis collectives to shut down [02.22.12]
Councilmember: Look at unauthorized cannabis collectives [12.06.11]
Commission ponders growth of unlicensed pot clubs [11.4.11]
Concerns raised about new medical cannabis collective [10.27.11]
Rapid growth of cannabis collective raises concerns [9.29.11]
Berkeley cannabis lawsuit reveals bitter infighting [07.18.11]
Pot club move halted [04.2910]
Pot au chocolat: The Scharffen Berger decision [02.08.10]

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  • Sum

    Obama lied about respecting state’s rights and supporting medical marijuana.

    Obama has been worse for medical marijuana than Bush or Clinton.

  • Completeley Serious

    “cannabis patients” = potheads
    “dispensary operator” = drug dealer

    Last night, I saw an ad on TV for a “dispensary” that delivers.  Guess those guys standing the corners in the ‘hood are going the way of the buggy whip.

    And I’d be careful to buy this “development opportunity.”  Can you imagine how many grey pony tails show up to protest any sort of improvement on San Pablo, as well as the historic preservationists who will romanticize the building.

    1970 Berkeley = Progess
    2012 Berkeley = Nostalgia

  • The Sharkey

    Good.

    I support the legalization of marijuana, but I’m tired of watching patrons exit their parking lot and screeching across three lanes of traffic to make illegal U-turns or leaving the property on bicycles while so high that they run into trees and fall into the roadway.

    BPG is better than most of the dispensaries in town so I hope they find a new location that works better for them, but they need to stop allowing patients to “medicate” in their store.

  • Charles_Siegel

    I remember historic preservationists claiming that this is a wonderful example of “googie” architecture.  Fortunately, the article says  “The property has permits in place for a five-story mixed-use building.”

    I can’t agree with the ideal that 1970 Berkeley = progress.  The city’s population declined during the 1970s.  The NIMBY movement was far more influential then than it is now.  No one had ever heard the phrase “smart growth.”

  • Ripple Earthdevil

    The US Attorney’s name is Melinda Haag, not Melissa Haig

  • http://berkeleyside.com Tracey Taylor

    Thanks Ripple. We’ve fixed the mistake.

  • EBGuy

    For those who are interested, the site plans for 2747 San Pablo Avenue.
    http://www.ci.berkeley.ca.us/ContentPrint.aspx?id=780

  • Ancientnewt999

     Would you rather have drug dealers on your corner or a legitimate business that provides jobs? Cannabis patients aren’t “potheads” many of them have serious chronic illness and cannabis provides relief. Have some compassion and common sense.

  • D.

    Wouldn’t this be a great use for old city hall?

  • Completeley Serious

    Obviously, a legitimate business.  Not a drug dealer.  Not a drug dealer disguised as a “dispensary.”  It’s not the business so much as the clientele.

    I have compassion and common sense, it’s just that I got really, really stoned and forgot where I put them.

  • BerkeleyCommonSense

    Obama didn’t lie.  He said that dispensaries that were in compliance with state laws would not be a priority of the DOJ.  BPG is not in compliance with state law.  They are not primary caregivers and they are not a collective.  They say themselves that they serve thousands of patients.  What does each of those patients do for the collective?  Their only roles as members of this collective are to provide money for marijuana.  That is not legal under Fed or State law.  Berkeley’s measures go even farther beyond the broad parameters of Prop. 215.  so they cannot even be considered.

  • BerkeleyCommonSense

    Since measure JJ passed, does that mean that if this federal intervention shuts off the supply of marijuana provided by BPG the City of Berkeley will step in and supply MJ to the patients?  Or does it have to be a raid that shuts down the dispensary?

  • The Sharkey

    Yeah, putting a pot store right next to the High School would be a great idea.

    /sarcasm

  • Brian1187

     I agree that Obama is to the right of Bush, Reagan, and Nixon, on a number of issues, but nobody seems to complain around here. Political correctness, Berkeley-style, is rather blinding.

  • Musica_y_amor

    Measure JJ has been superseded by Measure T, which the City Council wrote, and does not contain any provision regarding the City providing medicine if dispensaries close.  Interesting to note that 40 Acres has quietly reopened their “collective” (dispensary) on San Pablo Avenue, after the City shut them down weeks ago.

  • Ts185m

    Only going to make prices go up and the growers will start to make more money agen. I have been in the club seen since I have been 18 and think the Feds will do there think and in the next few years it will taken on agen.