Tag Archives: Berkeley medical marijuana

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.

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

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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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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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