Tag Archives: Berkeley medical marijuana

Crime

Police arrest 2 more after December homicide in Berkeley

Kamahl Middleton
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Authorities have arrested two more men tied to the fatal shooting in West Berkeley that killed Kamahl Middleton, a 36-year-old El Sobrante man, in December.

Authorities tracked down one of the men — 18-year-old Khalil Leroy Phanor of San Leandro — in Washington state, and arrested him Thursday night. The Alameda County district attorney’s office had already charged Phanor on Monday with murder, robbery and assault with a firearm.

Also charged Monday was 20-year-old San Leandro resident Carl Young, who was arrested last week.

The Berkeley Police Department’s homicide detail arrested a third man, 19-year-old Gregory Foote, on Friday in Hayward, with the assistance of the Hayward Police SWAT team. The arrest took place at 7:30 a.m. in the 2300 block of Tahiti Street. Foote was arrested on suspicion of homicide, assault with a deadly weapon and robbery, and was taken to Berkeley Jail for booking. He was not yet listed online as in custody as of publication time. [Update, 9:22 p.m. Foote is being held without bail at Berkeley Jail and is scheduled for arraignment Monday.] … Continue reading »

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Crime

2 men charged after fatal Berkeley shooting

Kamahl Middleton
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Two men have been charged with murder after the shooting death in December of an El Sobrante man in a West Berkeley parking lot.

Carl Young Jr., 20, and 18-year-old Khalil Leroy Phanor, both of San Leandro, were charged Monday with murder, second-degree robbery and assault with a firearm by the Alameda County district attorney’s office.

Berkeley police arrested Young on Thursday in Oakland, but Phanor is still at large. Officers arrested a 17-year-old male on Thursday as well, but his status was unavailable from authorities Monday because of privacy laws protecting minors.

The fatal shooting took place Dec. 29 on San Pablo Avenue, just north of University Avenue in West Berkeley, in a parking lot used by the 99 Cents Only store and other businesses, and adjacent to Everett & Jones Barbecue. … Continue reading »

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Crime

Berkeley police arrest 2 after December killing

Kamahl Middleton
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Police have arrested a 20-year-old man and a 17-year-old boy in connection with the double shooting in Berkeley in December of an El Sobrante paraplegic who died at the scene, and a woman with him who survived the attack.

Police arrested Carl Young Jr. on Thursday in Oakland on suspicion of murder, second-degree robbery and assault with a firearm. He was arrested at 9 a.m. but was not booked into Berkeley Jail until just after midnight Friday, according to the Alameda County sheriff’s department. The teenager’s name was not released because he is a minor.

Young is being held without bail, and is scheduled for arraignment Monday at 2 p.m. at the Wiley W. Manuel Courthouse in downtown Oakland in Department 112.

The fatal shooting took place Dec. 29 on San Pablo Avenue, just north of University Avenue in West Berkeley, in a parking lot used by the 99 Cents Only store and other businesses, and adjacent to Everett & Jones Barbecue.

The Berkeley Police Department’s homicide detail has been actively investigating the case since the night of Dec. 29, police said Friday.Continue reading »

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Berkeley tells cannabis collective to shut down

Toya Groves and Chris Smith listen at the Jan. 20 city council meeting. Photo: Emilie Raguso
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Even though more than 40 people testified about the importance of the Forty Acres Medical Marijuana Growers Collective to the black community, the Berkeley City Council voted 7-2 Tuesday night to declare it a public nuisance.

But the decision, which came almost four years after Berkeley officials first told its co-founder, Chris Smith, that his cannabis collective was operating illegally, may not be the last word on the operation. Lee Hepner, Smith’s attorney, said before the meeting that they would almost certainly challenge the action in court. Any legal challenge would join the three other lawsuits that Smith currently has pending against Berkeley and a number of employees.

Read more about medical marijuana issues in Berkeley.

Another possibility is for Smith to apply for the permit to open a fourth dispensary in the city. Applicants have until March 20 to declare they are interested. … Continue reading »

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Berkeley council to decide if cannabis collective must go

Chris Smith talked to a community group on Jan. 17, 2015 about why Forty Acres should not be shut down by the city of Berkeley. Photo: Frances Dinkelspiel
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Almost four years after Berkeley first informed the Forty Acres Medical Marijuana Growers’ Collective that it was operating illegally in its San Pablo Avenue location, the Berkeley City Council will consider declaring it a public nuisance tonight.

The city has been tussling with Forty Acres and its co-founder Chris Smith for so long that the agenda packet with background information is more than 1,000 pages long. Berkeleyside has created a timeline (after the jump) with some of the highlights of the fight between Forty Acres and the city of Berkeley. … Continue reading »

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Crime

El Sobrante man killed in Berkeley shooting

The scene Tuesday on San Pablo Avenue as a city worker cleaned up after a fatal shooting. Photo: Darby Tyro
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Authorities have identified the man who was shot to death in Berkeley on Monday night as 36-year-old Kamahl Middleton of El Sobrante.

He and a 28-year-old woman were shot Monday at about 9:45 p.m. on San Pablo Avenue in a parking lot used by the 99 Cents Only store and other businesses, and adjacent to Everett & Jones Barbecue, just north of University Avenue in West Berkeley.

Police made four arrests in the case in February 2015. See the update.

The woman was taken to the hospital and was in stable condition as of Wednesday afternoon. … Continue reading »

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Crime

Man dead, woman injured after 2 shot in West Berkeley

Image: Google Maps
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Update, Dec. 30, 9:40 a.m. Berkeley police sent out an alert around 9 a.m. Tuesday to say San Pablo Avenue is open in both directions at University Avenue. They added: “BPD appreciates your patience as we conducted our investigation.”

ORIGINAL STORY: Two people were injured, and one of them has died, after a shooting Monday night in West Berkeley.

According to Berkeley Police spokeswoman Officer Jennifer Coats, a male and female were shot at about 9:45 p.m. Coats said the man was pronounced dead at the scene, and that she was unsure about the condition of the female, who was taken to the hospital. Coats said, as of about 10:45 p.m., she was en route to the scene to learn more from investigators.

See the update on this case, which includes the victim’s name and personal videos.

According to unconfirmed scanner traffic, the incident took place near the 99 Cents Only store at 1941 San Pablo Ave., near University Avenue, and may have begun as a robbery of medical marijuana. … Continue reading »

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Zoning Board says cannabis collective a public nuisance

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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Berkeley’s Zoning Adjustments Board voted unanimously Nov. 6 to declare the Forty Acres Medical Marijuana Growers’ Collective a public nuisance – the latest step in Berkeley’s three-year odyssey to shut the place down.

ZAB officials listened to two and a half hours of testimony at the hearing, including impassioned pleas from neighbors who said the area near 1820-1828 San Pablo Ave., right above The Albatross pub, had become a no-go zone.

The smell of marijuana in the area is so strong that numerous families don’t let their children play outside, according to testimony of several neighbors. Cars routinely block driveways – and the drivers become aggressive when asked to move. Groups of people openly smoke cannabis on the sidewalks. Sometimes the partying goes on until the wee hours of the morning. Those that can’t make it home sometimes sleep in door-wells or on the sidewalk, according to neighbors. … Continue reading »

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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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