Tag Archives: Berkeley medical marijuana

Free pot for the poor: Berkeley council codifies what many cannabis dispensaries already doing

Cannabis being inspected at Berkeley Patients Group. Photo: Frances Dinkelspiel
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Berkeley’s medical marijuana dispensaries must provide 2% of their cannabis free of charge to very low-income residents under a law passed unanimously by the City Council earlier this month.

Individual patients who make under $32,000, or families that earn less than $46,000, qualify for the complimentary cannabis. The law further requires that the free marijuana “be the same quality on average as Medical Cannabis that is dispensed to other members.”

“We were happy with that,” said Charley Pappas, a member of the city’s Medical Cannabis Commission. “It gets the council and the mayor focusing on patients. There should be access to the best medicine and the poorest people shouldn’t be excluded.” … Continue reading »

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Berkeley dismisses official who made ‘insensitive’ racial comment during cannabis collective appeal

Berkeley officials contend that Forty Acres operatied an illegal cannabis operation on the top floor of this building at 1820-1828 San Pablo Avenue. Photo: Google Street View
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The city of Berkeley on Thursday dismissed the official who was overseeing the nuisance abatement appeal by the Forty Acres medical cannabis collective after he made “insensitive” remarks concerning race during the hearing.

It is the fifth hearing officer to be assigned, and then withdrawn, from the case. Berkeley officials are now uncertain how to proceed. … Continue reading »

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Berkeley City Council: Let’s add 4th cannabis dispensary

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The Berkeley City Council took a huge step Tuesday night towards the approval of a fourth medical cannabis dispensary, but deferred passing an ordinance until July 1.

The Council voted unanimously to adopt regulations put forth by the Medical Cannabis Commission, with some amendments, to set up a process to select a fourth dispensary and the guidelines for selection. The council also indicated they wanted to adopt new rules to better regulate both dispensaries and the smaller, less formal, cannabis collectives. … Continue reading »

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Berkeley still battling Forty Acres cannabis collective

Berkeley officials contend that Forty Acres operatied an illegal cannabis operation on the top floor of this building at 1820-1828 San Pablo Avenue. Photo: Google Street View
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The lawyers for Chris Smith, the owner of Forty Acres Medical Marijuana Grower’s Collective, will ask an Alameda County judge Friday to force the city of Berkeley to hold a public hearing on Smith’s appeal of the declaration that his collective is a public nuisance.

Berkeley officials have scheduled a closed-door hearing, with no press or public allowed, for June 17 on the appeal and have hired an outside administrator to rule on the case — at a cost of as much as $12,000.

Smith wants his appeal to be heard, instead, by the city’s Zoning Adjustments Board (ZAB), where he and others can talk openly about operations of the collective, said Lee Hepner, Smith’s attorney. When the city declared medical cannabis collective Perfect Plants Patients Group, or 3PG, to be a public nuisance, both the zoning board and the Berkeley City Council heard the matter, said Hepner. Forty Acres wants that opportunity as well, and suspects Berkeley has political reasons for choosing a closed-door hearing.

“We believe it is because they don’t want a public airing of the city attorney’s and city manager’s costly persecution of Mr. Smith (spanning over three years) brought before the City Council and ZAB, who have a level of expertise on zoning and use issues and can grant Mr. Smith various additional relief to which he is entitled,” said Hepner. … Continue reading »

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Berkeley will again consider 4th cannabis dispensary

Berkeley City Council will tonight consider two proposals regarding new operating guidelines for dispensaries and the creation of a ranking system to select new dispensaries. Photo: Flores y Plantas
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Five days after the House of Representatives passed groundbreaking legislation calling on the federal government to stop targeting legitimate medical cannabis dispensaries, the Berkeley City Council is set to discuss whether to allow a fourth dispensary to open.

But the council, which delayed a decision two times already, may delay it a third time when it meets tonight if Mayor Tom Bates has his way. The political climate is still too uncertain to guarantee that a new dispensary can open successfully, according to Bates.

“He is not in favor of it going forward at this time because of the continuing uncertainty at the federal level,” said Charles Burress, Bates’ spokesman. “It’s better to wait for further clarification. He hopes that eventually we can add a fourth one, but right now is not the time to do it.” … Continue reading »

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Crime

Teen arrested after robbery tied to medical cannabis buy

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A Berkeley teenager is facing two felony counts after authorities say he robbed a 31-year-old Davis woman during a drug deal in Berkeley involving medical cannabis.

Jerrone Horn, 19, was arrested Dec. 5 in the 1300 block of Delaware Street after police tied him to the crime using a telephone number.

According to court documents, on Nov. 16, a victim reported being robbed by people with a gun at Allston Way and Bonar Street shortly before 7 p.m. The suspects had responded to a Craigslist advertisement related to the sale of medical cannabis.

The victims — a man and woman — initially reported the loss as an iPhone because they were afraid of getting in trouble for selling marijuana, authorities said in court papers, “but felt obligated to report the fact that the suspects were robbing people with guns.” … Continue reading »

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Berkeley orders Forty Acres to stop cannabis operations

Berkeley officials contend that 40 Acres is operating an illegal cannabis operation on the top floor of this building at 1820-1828 San Pablo Avenue. Photo: Google Street View
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The city of Berkeley has declared the Forty Acres Medical Marijuana Growers’ Collective a public nuisance and ordered it to cease and desist all its cannabis operations by Monday Oct. 28.

Gregory Daniel, Berkeley’s code enforcement supervisor, sent Forty Acres and its co-founder, Chris Smith, a letter on Oct 21 detailing the results of the city’s surprise Oct. 8 inspection of 1820 San Pablo Avenue. Daniel said that Smith’s four apartments are clearly being used for cannabis operations and there is no sign of residential use. That is a violation of Berkeley law since collectives are only allowed in residential areas and must be “incidental” to the use of the building, according to the letter. Not only does Smith not live at 1820 San Pablo Ave., but Forty Acres is operating in a commercial zone, which is illegal, according to city officials. … Continue reading »

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Local business

Berkeley forcibly enters Forty Acres cannabis collective

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In the latest battle between Berkeley officials and the medical cannabis collective Forty Acres, police and city inspectors forcibly entered four apartments at 1820-1828 San Pablo Ave. on Tuesday to look for code violations.

A contingent of Berkeley police accompanied members of Berkeley’s code enforcement division in the surprise Oct. 8, 8 a.m. visit to the second floor of the building, which is near the intersection with University Avenue. An attorney for Chris Smith, a founder of Forty Acres and a resident of the apartments, said police broke down the door to his client’s home and may have pulled their guns. City officials said a door was removed from its hinges and there was no-one at the apartments at the time.

The inspection came two weeks after Smith filed a lawsuit against the city of Berkeley, the Medical Cannabis Commission, Greg Daniel, a code enforcement officer, Elizabeth Greene, a city planner and staff member of the cannabis commission, Nathan Dahl, a planner, and a variety of city departments. … Continue reading »

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Berkeley delays decision on 4th cannabis dispensary

Berkeley City Council will tonight consider two proposals regarding new operating guidelines for dispensaries and the creation of a ranking system to select new dispensaries. Photo: Flores y Plantas
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After a lengthy discussion Tuesday night, the Berkeley City Council postponed approval of a fourth medical cannabis dispensary and a ranking system to select it.

The council also asked the Medical Cannabis Commission to refine proposed regulations concerning cannabis collectives. The council wants the panel to examine limiting the size of collectives in Berkeley, changing their closing time, and requiring them to apply for a permit that would allow the city to track them.

Several council members wanted to learn more about how to ensure the medical safety of cannabis available in Berkeley, and the finances and staff compensation at dispensaries. … Continue reading »

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Berkeley to consider 4th medical cannabis dispensary

Berkeley City Council will tonight consider two proposals regarding new operating guidelines for dispensaries and the creation of a ranking system to select new dispensaries. Photo: Flores y Plantas
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Despite the recent federal crackdown on medical cannabis operations, the Berkeley City Council will discuss tonight expanding the number of dispensaries from three to four – and maybe to six – and refine the rules regarding collectives.

The suggestions reflect almost two years of work from the city’s Medical Cannabis Commission, which was created after Berkeley residents voted in 2010 to overhaul Berkeley’s medical marijuana laws. Voters agreed to permit large-scale growing areas and increase the number of dispensaries from three to four, but Berkeley has not done any of those things, in large part because U.S. Attorney Melinda Haag has been clamping down on large medical cannabis operations, including Berkeley Patients Group.

In June, the City Council tabled discussion on the proposals. Mayor Tom Bates said then that the federal attitude made it all but impossible to site a new dispensary in the city. The delay in setting up a new dispensary meant Berkeley lost thousands of dollars of additional tax revenue. … Continue reading »

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Berkeley fights feds’ attempts to close cannabis business

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The city of Berkeley filed a claim Wednesday to stop the federal government’s attempts to shut down Berkeley Patients Group, the city’s largest medical cannabis dispensary.

The suit claims that the closure of BPG will materially harm the city because it will mean the loss of hundreds of thousands of dollars in tax revenue. In addition, shuttering BPG, which serves 10,000 patients, will result in the proliferation of unpermitted dispensaries and more illegal street sales of marijuana in Berkeley, according to the claim, which was filed in U.S. District Court. … Continue reading »

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Berkeley Patients Group pays fraction of tax bill

Cannabis being inspected at Berkeley Patients Group. Photo: Frances Dinkelspiel
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The state Board of Equalization and Berkeley Patients Group (BPG) have worked out a compromise that reduces the dispensary’s delinquent tax bill from $7.5 million to $49,500.

Despite selling millions of dollars in medical cannabis each year and paying its top executives close to $1 million in salaries, BPG told the state it could not afford to pay the taxes and interest it owed for the years 2004 to 2007, according to a document prepared by the Board of Equalization. At its Dec. 18-19, 2012, meeting, the board voted unanimously to accept a compromise payment of $49,500.  … Continue reading »

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Berkeley delays 4th medical cannabis dispensary

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The Berkeley City Council has delayed discussion on opening a fourth medical cannabis dispensary since the current federal attitude toward dispensaries has made it all but impossible to site them in Berkeley.

At Tuesday’s City Council meeting, City Councilman Darryl Moore made a motion to table consideration of a measure to establish rules for opening a new dispensary. Mayor Tom Bates seconded the motion and suggested the item return at an October meeting. The delay means that Berkeley could lose from $51,000 to $860,000 in anticipated taxes.

But in the current climate, there is no way a fourth dispensary could open, Bates said in an interview on Thursday. While Berkeley laws prohibit dispensaries opening within 600 feet of any K-12 school, U.S. Attorney Melinda Haag has indicated preschools should be included in that prohibition, said Bates. Haag recently filed a lawsuit against the landlord of Berkeley Patients Group, indicating that the dispensary’s new location at 2366 San Pablo Ave. was too close to two preschools. … Continue reading »

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