Report: Berkeley Patients Group earned $15m in 2009

As Berkeley Patients Group prepared to shut its doors on May 1, it advertised a delivery service behind the front desk. Photo: Frances Dinkelspiel

Berkeley Patients Group took in $15 million and paid its top executives $911,000 in 2009, while only donating $18,083 to charities, according to a story released Wednesday by California Watch.

Etienne Fontan earned $357,529, Tim Schick earned $290,765, and Debby Goldsberry earned $263,299 in 2009, part of $3.3 million spent on labor costs, according to story. The medical cannabis dispensary, which operated at 2747 San Pablo Avenue until May, when the federal government forced it to close, spent $151,789 on security in 2009 and distributed $253,433 to marijuana advocacy organizations, according to California Watch. It made about a 40% profit on its products.

BPG officials had told the Oakland Tribune in 2009 that it donated about $300,000 a year to charities.

The California Watch story is the most revealing disclosure ever of the finances of what has long been regarded as Berkeley’s most established dispensary. Since BPG is a private, not-for-profit company, it is not required to reveal its finances, although it must pay taxes to both the state and Berkeley.

The city levies a 2.5% tax on sales of cannabis, which means BPG would have had to pay $375,000 in taxes to Berkeley in 2009  if Measure T had been in place. Voters adopted the tax on cannabis sales in 2010 and the city has estimated it will get about $150,000 a year from the city’s three dispensaries.

In 2010, a lawsuit filed by Berkeley Patients Group against one of its former employees, Rebecca DeKeuster, also revealed details about the profits of medical cannabis dispensaries. BPG had sent DeKeuster to Maine to apply for the license to open four dispensaries, but DeKeuster soon quit and went out on her own.

Papers filed with the lawsuit revealed that the Northeast Patients Group, which would have been affiliated with Berkeley Patients Group, expected to gross more than $2 million serving 691 patients at its four dispensaries in the first year, selling medical cannabis for $340 an ounce. It projected gross revenues of almost $7.4 million in its second year of operation, serving 1,159 patients. That worked out to revenues of $5,500 to $7,500 per patient, depending on the location.

Berkeley Patients Group was the largest medical cannabis dispensary in Berkeley and one of the largest in the East Bay with 13,000 members. In addition to providing a wide array of medical cannabis and plants, it provided free massages, yoga classes, and other types of services to its members. The dispensary shut down after its landlord David Mayeri received a letter from the federal government threatening to seize the property since it was located within 1,000 feet of a school. Since it shut its physical plant, Berkeley Patients Group has been running a delivery service.

Officials from BPG say they are close to finding a new location for the operation.

In February 2011, the state Board of Equalization slapped Berkeley Patients Group with a bill for $6.2 million in back taxes and penalties. The dispensary has been paying off its debt slowly.

Officials from BPG declined to talk to reporters from California Watch.

However, a Los Angeles lawyer quoted in the California Watch article said the finances of Berkeley Patients Group did not seem out of line.

Read the California Watch story.

Related:
Berkeley’s largest cannabis dispensary to close May 1
[3.15.12]
Berkeley cannabis lawsuit reveals bitter infighting [7.18.11]
Berkeley Patients Group owes $6.4 million in back taxes [2.24.11]

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  • The Sharkey

    But it’s all about the patients, right?

  • FYI
  • Guest

    I don’t get what the big deal is.  Pharmaceutical companies are also in business to provide medicine for sick people.  I’m sure their executives get paid a lot more than that.

  • Wondering

    On a related topic: Anyone notice that 40 Acres — the dispensary recently closed on San Pablo Ave near Unviersity — seems to be operating again? Or at least, dealers seem to be using that space again. I’ve seen a LOT of foot traffic in and out of that door (next to the Albatross) in recent weeks. If anything, there’s even more foot traffic than when 40 Acres was still in operation. Maybe they’re picking up former BPG clients?

  • The Sharkey

    The issue is that corporations like PBG pretend to be different from pharmaceutical companies like Bayer, and claim to be “non-profit” organizations.

  • Bruce Love

     Um….

    This Berkeleyside article says that BPG only made $18,083 in charitable donations in 2009 but that BPG said they made something more like $300,000 in donations:

    Berkeley Patients Group took in $15 million and paid its top executives $911,000 in 2009, while only donating $18,083 to charities,

    Berkeleyside’s assertion appears to be false.  BPG appears to have been honest.

    I believe the confusion originates as follows:

    The California Watch article, rather underhandedly, says

    One area in which the dispensary appears to fall short of its public rhetoric is in its donations to local charities. While company executives have said they contribute generously to groups ranging from local libraries and schools to the Berkeley Chamber of Commerce, internal documents show the group gave $18,083 to charity in 2009. In contrast, it distributed $253,433 to marijuana advocacy organizations.

    So the truth is apparently that BPG did, in fact, make over $270,000 dollars in charitable donations.

    Why the controversy?  Because Doug Oakley, in 2009, wrote the following, citing no source:

    The group gives away about $300,000 a year to organizations like the Center for Early Intervention on Deafness across the street, summer lunches to kids at the San Pablo Park recreation center, the downtown YMCA, homeless organizations, the school-lunch program at Malcolm X Elementary School and others.

    So the issue is about what kind, not what amount of charitable donations BPG made.

    The only question is why Oakley wrote the word “like” rather than “including”.  Was this a misapprehension imposed on him or a mistaken interpolation or mis-statement on his part?

    In any event, the group’s charitable donations were evidently in line with with the $300,000 figure they gave.

  • EBGuy

    Bruce, I believe the term you’re looking for is astroturfing lackey:
    http://www.berkeleyside.com/2012/05/10/why-i-want-a-marijuana-dispensary-near-my-kids-school/

  • Bruce Love

     

    Bruce, I believe the term you’re looking for is astroturfing lackey: [ ... link to Berkeleyside op-ed piece ...]

    I see that you have a free-floating insult there but I’m not sure what point you are trying to make.

    Did you have one?

  • Heather_W_62

    Yes, I have noticed that 40 Acres seems to be in operation again. I’ve been by several times and there always a number of quite young men hanging out, going in and out. 

  • The Sharkey

    It would appear to me that his point is that a company that sells marijuana giving money to “marijuana advocacy organizations” is not charitable, but is closer to Big Pharma paying lobbyists.

    Or do you think that Bayer paying lobbyists to promote their agenda should count as “charitable giving?”

  • Guestron

     So many young glaucoma sufferers these days…

  • PragmaticProgressive

    I’m shocked…shocked!  Next thing you know, we’ll be learning of dishonest dealings at the medicinal salt licks frequented by @BerkeleyDeer!

  • Chris

     Yes – they are open again.

  • Frances Dinkelspiel

     Bruce, please note that a medical marijuana advocacy organization is not a charitable organization. The California Watch story says BPG gave $18,083 to non-profit charities, and gave $253,433 to groups like Americans for Safe Access or NORML which are not non-profits and are not charities. Adding those figures up comes to close to $300,000 but the relevant figure really is the $18,083.

    BPG has mentioned many times how much it does for the community. It does give its members lots of health and social services but it does not appear it gives a lot of money to other Berkeley institutions.

  • Bruce Love

     Frances,

    You wrote:

    The California Watch story says BPG gave $18,083 to non-profit charities, and gave $253,433 to groups like Americans for Safe Access or NORML

    Are we looking at the same article?   Your Berkeleyside article links here:

    http://californiawatch.org/dailyreport/finances-prominent-california-pot-club-revealed-documents-16574

    That article says:

    In contrast, it distributed $253,433 to marijuana advocacy organizations.

    It says nothing at all about “Safe Access” or “NORML”.

    Let’s say it was those two orgs that got big chunks — sounds plausible to me.

    You also say:

    Safe Access or NORML which are not non-profits and are not charities.

    Let’s take NORML for starters.  It’s a 501(3)c that is organized, in its words: “to better educate the public about marijuana and marijuana policy options, and to assist victims of the current laws.”

    It is a non-profit chartered for a public benefit purpose.  In every ordinary sense of the word it is a charity.

    I took a cursory look at ASA and tentatively think it’s the same deal.

    BPG has mentioned many times how much it does for the community. It does give its members lots of health and social services but it does not appear it gives a lot of money to other Berkeley institutions.

    The article as written makes a much stronger claim than that they don’t give a lot of money to other Berkeley institutions.   The article seems to say that they gave far less to charity than they did and that they lied about the amount.

  • Bruce Love

     Oh, I think I see the confusion re NORML.   See “NORML Foundation”.   If charitable donations were made “to NORML” … that’s presumably where they went.

  • The Sharkey

    Oh for Pete’s sake, Bruce, THEY’RE LOBBYING GROUPS, NOT CHARITIES.

    Quit trying to pretend otherwise.

  • Anonymous

     And if they bought everyone a subscription to High Times you’d consider that charitable giving as well.

  • Bruce Love

     

    And if they bought everyone a subscription to High Times you’d consider that charitable giving as well.

    The Berkeleyside article contains statements of fact which appear to be false for reasons I’ve described. 

    This has nothing to do with a “High Times” subscription.

  • The Sharkey

    They’re not false. Donations to lobbying groups do not count as charitable donations. Even NORML themselves apparently has no problem being referred to as a “pot lobbying group.”

    http://blog.norml.org/2010/04/19/cnbc-the-marijuana-lobby-all-grown-up/

  • Bruce Love

     http://norml.org/about/norml-foundation/item/foundation-mission-statement?category_id=817

  • The Sharkey

    Which is a fancy way of saying that they’re lobbying for the marijuana industry.

    Go read the mission statements for some other lobbying groups, and you’ll see that they’ve very similar to what NORML says their mission statement is.

    It’s not a charity.

  • Bruce Love

    For some reason Sharkey writes:

    It’s not a charity.

    http://en.wikipedia.org/wiki/Charitable_organization#United_States

  • Frances Dinkelspiel

    Bruce, the Berkeleyside article does not contain false statements as I have explained below. You are actually making some incorrect assumptions. 

  • Frances Dinkelspiel

     Bruce, BPG has consistently talked about donating money to organized non-profits like CEID. In my many conversations with them, they never equated their support of Americans for Normal Access or other cannabis advocacy groups with their support of Berkeley organizations. That is the article’s point, not whether NORML has a foundation or is tax-exempt or not.

  • The Sharkey

    NORML is a lobbying group. They say so on their own website.

    What does NORML do?

    NORML lobbies Congress and state legislatures for more rational and cost- effective marijuana policies. We provide expert witnesses for legislative hearings in support of marijuana reform legislation and to provide testimony to assist defendants charged with marijuana offenses. NORML also serves as a marijuana-law reform advocate with the media nationwide, produces a daily podcast, and maintains a comprehensive web site, which includes a 50-state legislative tracking system, where visitors can inform themselves about the issue and send a free fax or an e-mail to their state and federal elected officials. In addition, we maintain a legal committee comprised of 350 criminal defense attorneys nationwide who specialize in the defense of individuals charged with marijuana-related offenses.

    Because NORML lobbies state and federal elected officials, contributions to the organization are not tax deductible.

    The NORML Foundation is a support organization for NORML masquerading as a charity, similar to the way that the conservative lobbying group ALEC masquerades as a charity. When the laws surrounding 501(c) organizations in America are so lax that a hate group like the Westboro Bible Church can qualify as a “charity,” citing a group’s status as a 501(c) is relatively meaningless.

  • Bruce Love

    Frances,

    In my many conversations with them, they never equated their support of Americans for Normal Access or other cannabis advocacy groups with their support of Berkeley organizations.

    What do you mean by “equated”?   What are you saying they should have done when talking with you?

    The questions of fact I’m interested in are:

    1) The amount of “charitable donations” from BPG in 2009 (basically in the tax sense).

    The figures in the CW article seem to make the answer to (1) a little bit over $270K, not $18-somethingK.

    2) To whom, precisely, did they give.

    I guess there is some fuss over what “charitable donations” (in the tax sense) are or are not to “charities” (in some unspecified broarder sense).

  • Pete Rosos

    Wait! You mean people actually make incorrect assumptions … on the internet! NOOOOO!
    {;~}

  • The Sharkey

    The CW article clearly states:

    One area in which the dispensary appears to fall short of its public rhetoric is in its donations to local charities. While company executives have said they contribute generously to groups ranging from local libraries and schools to the Berkeley Chamber of Commerce, internal documents show the group gave $18,083 to charity in 2009. In contrast, it distributed $253,433 to marijuana advocacy organizations.

    The article clearly states that they gave ~$18k to charity. Not ~$270k.

    Perhaps you should write to them to ask what “marijuana advocacy organizations” are, if you disagree with their assessments and think that those should be classified as charities.

    Pestering the Berkeleyside staff about an article written by someone else seems like a fruitless endeavor.

  • Bearparent

    The California Watch article stated that BPG was a private company with gross profit of $5.7 million in 2009.

    Seems like a healthy living for whoever owns this business.

  • bgal4

    Pharmaceutical companies provide low income pateints free medication as required.

    BPG is not very generous by any means in providing for extremely low income sick folks.

  • http://www.caviarcommunism.us/ West Bezerkeley

    I can’t speak specifically to the issue of BPG and their finances, but I can speak to the more general issue of revenues and market value of this industry. I know people a dispensary owner who also has a grow operation and it is fair to say that some are in the business for the money, others that are in it to help patients, and still others that are in it for both of those reasons as well as to try and wedge the door open to decriminalization.

    I don’t make an judgements on motivations. I was born in the bay area in the 1960′s, have interesting family, and know that we do more harm than good when kids are told that all drugs are the same (psst…they aren’t and I have family case studies that have driven that painful fact home).

    I have a spouse that has worked for several years in the non-profit sector (completely unrelated to cannabis) and because of that I do have a good idea that the salaries of top BPG executives (supposedly run as a non-profit) were high. What seems odd to me is that BPG clearly understood that they were in a business, but they didn’t take the legitimate business step of paying taxes like other dispensaries did. Instead, they played roulette and lost when the state told them they owed $6.2 million in back taxes. They also had to know that being within 1,000 ft of a school is like having a target on your back with the feds. I’d be interested to know the real story (not hearsay) about what led them to make these critical missteps when so many others haven’t.

  • http://www.caviarcommunism.us/ West Bezerkeley

    Hey, I’ll bet you can find those medicinal salt licks at the same addresses as the medicinal massage parlors popping up around town.

  • Haselstein

    Whaddysa we ask the City Council to declare that Bruce Love is really, really smart and can parse every issue and divert everyone off the central issues. Then we can start to talk about what is really bothering us and is hurting our community. 

  • LGF

    This is far more interesting, as far as salaries in health-related fields go: http://www.harp.org/hmoexecs.htm

  • Berkeleyfarm

    Our very local twist on Citizens United.

  • Actual215Reader

    You mean that all this time they’ve been breaking California law!?!? Who could have guessed? Berkeley city council must feel pretty silly…

  • Guest

    I’ve found Doug Oakley’s reporting to be lacking in most respects which is why I did not get particularly upset about the police chief sending someone to his house.  Doug Oakley plays fast and loose with the facts but then claims the high moral ground as a “journalist.”  

  • Hgdomain

    BPG must step up and tell us who they are, and what they are. 

    advocacy groups aren’t charities
    http://www.irs.gov/charities/charitable/article/0,,id=96099,00.html

  • Josh

    Oh, *only* 18 grand to charity.  I wonder how much all of the liquor stores in Berkeley have donated to charity, combined.

  • Hgdomain

     18k was enough to buy protection from the berkeley establishment

  • Anonymous

    I wonder if they ever managed to pay their 6.4 million in back taxes?
    https://www.documentcloud.org/documents/346718-c-berkeley-patients-group-inc-sum.html

  • PragmaticProgressive

    The issue is that they said they gave a much larger amount and have been caught lying. Oh, and liquor stores don’t represent themselves as medical dispensaries for terminally ill patients. Rather, they are open about the fact hat thir product is sold and consumed for pleasure. Was the point of your comparison that dispensaries lie about that too?

  • Actual215Reader

    Who cares? Not the point of the article. If you compare a liquor store profits to BPG then their “take a penny, leave a penny” jar is a probably a higher percentage “donation” than what BPG gave. Just admit that you only want to get high and move on.

  • Voxhumana

    They are set up as a non-profit, yet they made ”a gross profit margin close to 40 percent,” according to the Calf. Watch story. Obviously, there is only so much store decorations and softball team support that this much profit can go towards, so they HAD to raise “executives” salaries to get rid of all the “profits.” God forbid they would lower the cost to the patients. And that many patients spending “$5,500 to $7,500 per patient” sounds exceptionally high. I don’t doubt the figure, but individual patients spending that much income on medical marijuana seems beyond that which would be spent by individuals on similar types of medicines used for calming or stomach queasiness. Has anyone investigated whether there are “after-market” sales going on? I’m sure I’m not the first person to suggest this.

  • bgal4

    I discussed this on B-Side,  MM commission meetings and in letters to city council.  Of course there is resale on the street.  Berkeley allows a 2oz limit per customer per day.  Richmond city council recognized the resale problem and limits purchases to 1 oz per customer daily.

  • Bruce Love

     

    Obviously, there is only so much store decorations and softball team support that this much profit can go towards,

    The “40% gross profit” is over the cost of materials sold.  The cost of materials sold does not include any employee compensation or operating expenses:  all of that comes out of that 40% gross profit.   A 40% gross profit is well within the range of “normal” for retail sales.

    The Berkeleyside article says:

    It made about a 40% profit on its products.

    The source material from California Watch says:

    According to company documents, the cost for goods sold was about $10 million in 2008 and $9 million in 2009, leaving a gross profit margin close to 40 percent.

    You wrote:

    And that many patients spending “$5,500 to $7,500 per patient” sounds exceptionally high. I don’t doubt the figure, but individual patients spending that much income on medical marijuana seems beyond that which would be spent by individuals on similar types of medicines used for calming or stomach queasiness. Has anyone investigated whether there are “after-market” sales going on? I’m sure I’m not the first person to suggest this.

    Assuming, for sake of argument, a $340 ounce, that $5,500 to $7,500 works out to 1.3 to 1.8 ounces per month or about 1.7 grams per day or about 1/8 ounce every two days.   I think that’s a lot compared to many occasional recreational users but it’s also well within the amount a daily user can go through.  In units of a (roughly cigarette-sized) joint:  more than 2 and less than 5 per day.

    I’m sure that some diversion happens but there isn’t much economic incentive for it.   According to the California Watch article BPG retails at roughly street prices.  For example, to turn $7,500 profit on $7,500 purchases one would have to sell at more than 100% over the alleged street price.

  • Guest

     Good point.  The idea that a nonprofit has to donate to charity is bizarre to me.  And “charitable donations”/giving to charity is usually understand to mean giving to 501(c)(3)s.  “charity” may be a vague term but as written I think this article is misleading if they did in fact give almost 300K to marijuana advocacy groups – no different than donating to the ACLU, NRA, etc

  • Guest

     Americans for Safe Access is not a non-profit?  Looks like it is to me: http://safeaccessnow.org/

    What am I missing?

  • PragmaticProgressive

    Can we make this post “sticky” so that it shows up on all articles?  Seriously….