Tag Archives: Medical Cannabis Commission
A plea by the chair of the Medical Cannabis Commission to reinstate his application for Berkeley’s fourth medical cannabis dispensary was ignored by the City Council Tuesday night, but council members did vote to slightly jigger the selection process.
The City Council voted 6-1-1, with Mayor Tom Bates voting no and City Councilwoman Lori Droste abstaining, to expand the fourth round of the selection process to include six dispensary applicants rather than five. (Councilman Max Anderson was absent.) The applicants will now hold public hearings to communicate with the various neighbors who might be affected by their plans.
The vote came after an unexpected motion by Mayor Bates to stop the selection process altogether, and to wait until 2017, after the 2016 election, when many believe there will be a ballot measure to legalize marijuana throughout the state.
“I don’t see why we need a fourth dispensary,” Bates told the council. “It’s likely it will be on the ballot in 2016. My strong advice would be to postpone this decision until after the November 2016 election and see where we are. If it fails we can revive it. If it passes, the issue is moot.” … Continue reading »
The former chair of Berkeley’s Medical Cannabis Commission (MCC) is scheduled to appear in federal court today, Sept. 23, to face extortion, fraud and money laundering charges connected to his dealings with cannabis dispensaries in Berkeley, Oakland and Las Vegas.
Daniel Rush, who used to serve as the executive director of the cannabis division of the United Food and Commercial Workers Local 5 until he was fired in August, and who still sits on the MCC, faces more than 70 years in prison and a $1.27 million fine if convicted of the 15 counts with which he is charged.
In one of those counts, Rush, 55, is alleged to have offered special treatment to one of the applicants for Berkeley’s fourth dispensary spot. In exchange, Rush “demanded a well-paid job” from the applicant, according to the indictment filed Sept. 17 in federal court. The applicant is only identified in court papers as “Company A.”
Rush’s indictment has intensified criticism of Berkeley’s dispensary selection process by some applicants who had already been disqualified. But Zach Cowan, Berkeley’s city attorney, said the process was not tainted by Rush because he had nothing to do with the early stages of the selection process.
While Rush sits on the MCC, he has not played an active role in winnowing down the applicants to a smaller list, said Cowan. Rush has also promised to recuse himself in the future from any discussion or decision about the fourth dispensary, he said. … Continue reading »
The owner of Amoeba Music, former managers of the largest cannabis dispensary in Oakland, a current Berkeley medical cannabis commissioner, and a group that has filed numerous lawsuits against the city, have all applied to open the fourth dispensary in Berkeley.
Most of the 11 applicants want to locate their dispensaries along Berkeley’s main arterials, including San Pablo Avenue, University Avenue, Shattuck Avenue, and Telegraph Avenue. All are not-for-profit entities that vow to give back to the community in many ways.
The applicants predicted a range of incomes, saying their dispensaries would gross from a low of about $1.2 million to a high of $4.6 million in their first year of operation. In their third year, the applicants predicted the dispensaries would bring in from $2.1 million to $9.5 million. … Continue reading »
Twelve organizations have submitted applications to open a fourth medical cannabis dispensary in Berkeley, according to city officials, but the public won’t know who they are for 45 days.
The deadline to apply for one of the lucrative franchises was 4 p.m. on March 20. But Berkeley won’t release their names during a review period in which staff determines all the applications are complete.
Read more about medical cannabis issues in Berkeley.
“In order to keep a level playing field among applicants until applications are finalized, we won’t be releasing more information until all applications are complete,” Elizabeth Greene, a planner who staffs the Medical Cannabis Commission wrote in an email. “This period is expected to last approximately 45 days.” … Continue reading »
Update 11/19/14: The City Council voted on Nov. 18 to refer this item to the Planning Commission for further review.
Even though Berkeley residents voted in 2010 to allow six commercial cannabis grow sites to operate in the city’s manufacturing zone, none has opened – and none probably will unless the city changes its guidelines, according to a report that will be presented tonight to the City Council.
When Measure T was adopted in 2010, it restricted cannabis grow factories to the city’s M (manufacturing) zone. But space appropriate for operations of 30,000 square feet (the maximum allowed for each site) is extremely limited, according to the report prepared by the city’s Medical Cannabis Commission. Moreover, very few properties in that district come up for rent.
“In trying to relocate to expand our operations, we encountered scarcity of suitable space in the M District, compounded by apprehension from Berkeley landlords to lease to cannabis related businesses,” one cannabis businessman testified to the MCC in November 2013. His words were included in the report. … Continue reading »
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 »
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 »
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 »
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 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 »