Tag Archives: Berkeley medical marijuana
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 »
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 »
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 »
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 »
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 »
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 »
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 »
Greenleaf Wellness Group, which had been operating a medical cannabis collective at 1515 Dwight Way since Jan. 2012, was declared a public nuisance and in violation of various city statutes by Berkeley City Council at its meeting last night.
Cannabis collectives are allowed in Berkeley in residential areas provided that the collective is incidental to residential use. At a public hearing in Dec. 2012, the Zoning Adjustments Board (ZAB) determined in a unanimous vote that Greenleaf was operating in a commercial building and that the collective use was primary, not incidental. The council on Tuesday night concurred with the ZAB decision and approved a staff recommendation to enjoin and terminate Greenleaf’s use of the building. Councilmember Kriss Worthington was the only dissenting vote on the council.
“Not only is this not allowed to be a collective, because it’s not entirely in a residential zone, but even if it was in a residential zone, it’s not a residential use,” said Councilmember Jesse Arreguín. “That just right off the bat clearly prohibits it from being a collective. … Continue reading »
Update 9:00 p.m.: US Attorney Melinda Haag told the Oakland Tribune in a prepared statement that “we continue to take a measured approach and have only pursued asset forfeiture actions with respect to marijuana retail sales operations very near schools, parks or playgrounds, at the request of local law enforcement, or in one case, because of the sheer size of its distribution operations.”
City and state officials and medical cannabis advocates vowed Wednesday to fight back against … Continue reading »
Berkeley in 2012 was filled with drama — a contested election, a failed nomination for a new school superintendent, a few missteps by the Chief of Police, and major changes at the University of California, among other events. Here’s a recap of the issues that had the deepest impact on Berkeley, plus a few fun ones thrown in.
The year got off to a tragic start with the untimely death of 37-year-old City Clerk Deanna Despain. She fell down the stairs of her Oakland home on Jan. 8. Her husband discovered her body when he returned from a late-night meeting. Their daughter was soundly asleep upstairs. Since then, Mark Numainville has been filling in as acting city clerk. In May, after serving as interim city manager for six months, the City Council appointed Christine Daniel permanently to the job. She replaced Phil Kamlarz, who had held the city’s top job for eight years. … Continue reading »
TRIPLE ROCK Triple Rock Brewery & Alehouse on Shattuck Avenue in Berkeley is planning to expand. Triple Rock and its engineering firm neighbors are teaming up to put a “new full service restaurant” in the empty space next to the existing beer joint, at 1920 Shattuck. The engineers will have the top floor and Triple Rock will have the 3,080-square-foot bottom, at 1912 Shattuck. Plans and layouts are subject to change, but there’s talk of a brewery and kitchen expansion and some upgrades, we hear from East Bay Beer. Plans include seating for about 95 guests and capacity for 118. Upon completion of the new space, the owner will “likely replace the kitchen of the existing Triple Rock … with increased bar space, increased brewing capacity or a combination of both” according to the application before the city. Proposed hours of operation are from 11:30 a.m. to 2 a.m. Expect completion in 2014. Triple Rock, 1920 Shattuck Ave., Berkeley, 510-843-2749. … Continue reading »
The sign for Perfect Plants Patients Group is still in the window of 2840-B Sacramento Street, but the cannabis collective has closed up shop, according to its owner, Eric Thomas.
The collective shut its doors on Nov. 14, the day after the Berkeley City Council held a public hearing that determined the collective was a nuisance and was in violation of zoning laws, according to Thomas. While he moved out his product, many files, and some furniture that day, the landlord changed the locks on Nov. 15 when Thomas did not pay the next month’s rent. He has been unable to get inside to retrieve the last of his possessions and take out the sign, he said.
Thomas has no firm plans to reopen the collective, which has been operating since September 2011. He runs another 3PG in Vallejo and he is offering Berkeley clients a 25% discount on medicine purchased there, he said. 3PG is also doing Berkeley deliveries from 4 p.m. to 8 p.m. … Continue reading »
Despite pleas that Perfect Plants Patients group was a good neighbor, the Berkeley City Council Tuesday night voted that the cannabis collective was in violation of the city’s zoning laws.
The determination at the end of a public hearing paves the way for the council to vote on a resolution Nov. 27 to order the closure of the collective, located at 2840-B Sacramento Street.
The news came as a relief – if overdue – to neighbors of 3PGs, who have been pressing Berkeley for more than a year to shut down the business. Since 3PGs opened in September 2011, neighbors report they have seen increased hand-to-hand drug sales along Sacramento Street, spotted people smoking pot in their cars, and noticed more drug paraphernalia on the streets. … Continue reading »