Tag Archives: Medical Cannabis Commission

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 delays 4th medical cannabis dispensary

Photo: Flores y Plantas/CC
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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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News

Federal letter may make Berkeley Patients Group relocate

Berkeley Patients Group on San Pablo Avenue
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The owner of the building that houses the Berkeley Patients Group has put it up for sale, further fueling whispers that the federal government sent a letter ordering the cannabis dispensary to shut down.

Gordon Commerical Real Estate is listing the property at 2747 San Pablo Avenue, which is owned by David Mayeri, as a development site for $2.55 million. The 17,500 square foot structure, built in 1953, is an old car dealership, and has a distinctive rounded front room with curved windows that once displayed automobiles. The property has permits in place for a five-story mixed-use building.

The East Bay Express reported in February that the head of NORML, a marijuana advocacy group, said that BPG had gotten a letter from the federal government telling it to shut down. Officials from Berkeley Patients Group have declined to confirm or deny the reports that Mayeri received a letter from U.S. Attorney Melissa Haag. But well-informed sources who asked not to be named tell Berkeleyside that Mayeri got a notice in late November. … Continue reading »

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Councilman: Look at unauthorized collectives

A sign warning against drug dealing near the location of a new medical cannabis collective.
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City Councilman Jesse Arreguín will ask the city manager tonight to investigate whether two medical cannabis collectives are operating in violation of Berkeley’s zoning laws.

Arreguín’s announced his intent after a contentious meeting of the Medical Cannabis Commission on Thursday, Dec. 1. The MCC spent a large part of its meeting debating whether to send a letter to city officials drawing attention to the proliferation of collectives in commercial districts, but could not agree on the wording. The MCC will take up the matter again in January.

“I don’t think this should be swept under the rug,” said Arreguín. “It is an important issue. Some action needs to be taken. The city is trying to be sensitive to these particular collectives, which provide medicine to patients. At the same time, they are clearly violating the city’s zoning laws and medical marijuana ordinances.” … Continue reading »

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Commission ponders growth of unlicensed pot groups

The Medical Cannabis Commission at its September meeting. Photo: Frances Dinkelspiel
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Berkeley’s Medical Cannabis Commission agreed on Thursday to send a letter to the city manager expressing concern about the proliferation of cannabis collectives in areas that are not zoned for them.

The commission noted that two collectives — Forty Acres and Perfect Patient’s Plant Group — were operating much like dispensaries without having to comply with the numerous laws that regulate them, including getting licensed and paying taxes

“It is really important that we watch out for the interests of those people who are abiding by what is asked of them by the City of Berkeley,” said Commissioner Stewart Jones, referring to the three dispensaries currently permitted by the city. “I am concerned about an influx of (groups) coming into Berkeley. There are two now. Next week there could be two more.” … Continue reading »

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Rapid growth of cannabis collective raises concern

Kareem Cokes at the 40 Acres lounge, where he helps patients select medical cannabis. Photos: Frances Dinkelspiel
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In the 21 months since it opened, the Forty Acres Medical Marijuana Growers Collective has seen its membership jump to more than 7,000 people, making it one of the fastest growing and largest cannabis businesses in Berkeley.

From a set of rooms located above the Albatross pub on San Pablo Avenue, Forty Acres has become more than just a place where people can obtain and consume medical cannabis. Started by African-Americans, run by African-Americans, Forty Acres aims to bring diversity to the medical cannabis movement and use the rapidly growing industry as a way to open up opportunities for the poor and disenfranchised.

The leaders of the collective actively reach out to marginalized young adults and encourage them to enter the group’s training program, where they can learn the nuts and bolts of bud tending, cultivation, patient intake methods, and how to assess product.

“There is a population of kids, high school dropouts, who are coming to us to learn,” said Toya Groves, a director and one of the four co-founders of the group. “This is a way the unemployable become employable.” … Continue reading »

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Does new cannabis body provide more accountability?

Marijuana plants for sale at the old location of Berkeley Patients Group
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After months of delay, Berkeley’s new Medical Cannabis Commission will meet for the first time on Thursday, ushering in, city officials hope, a new era of oversight and accountability.

For the past 15 years the medical marijuana business has operated in a gray zone, legal in the city and the state but at risk from crackdowns by the federal government, which does not recognize cannabis as medicine. Despite this uncertainty, the medical cannabis industry has flourished in Berkeley, spawning three … Continue reading »

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News

Medical marijuana expansion to be proposed

A marijuana grow room
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The Oakland Tribune recently reported that Berkeley’s Medical Cannabis Commission is proposing new rules that would allow the three existing marijuana dispensaries to expand non-retail operations and that would allow “groups of patients to grow marijuana or bake marijuana goods collectively at residences or in commercial spaces and to supply the city’s three dispensaries”. The commission hopes to put the proposals before the City Council at its April 27 meeting.

The Tribune’s article points out that the … Continue reading »

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