cannabisnews.com: Future is Hazy for Cannabis Facility










  Future is Hazy for Cannabis Facility

Posted by FoM on December 28, 2001 at 16:18:29 PT
By Michal Lando, Staff Writer 
Source: Contra Costa Times 

A second armed robbery at a cannabis club on University Avenue and increasing concern among nearby businesses and residents has provoked the city to consider tightening its policy towards the distribution of medical marijuana."We want to have the substance available, but we don't want to make fools of ourselves if the privilege is being abused," Councilwoman Linda Maio said. "I have spoken with the city manager and said we have to pursue every possible avenue to contain and regulate it and make sure it is not really taking advantage of 'compassion.'"
Berkeley is one of a slew of cities across California beginning to face the aftermath of Proposition 215 -- the 1996 voter-approved initiative that allows marijuana to be prescribed for medicinal use -- which, in the absence of regulatory guidelines, has left much to be desired .In March, Berkeley passed the medical marijuana ordinance, which was put in place to implement the Compassionate Use Act of 1996, the state law that removes penalties for qualified patients and primary caregivers for possessing and cultivating medical cannabis. But no guidelines were established for regulating medical marijuana clubs."We have been trying to get clear zoning regulations since Prop. 215 passed," Councilman Kriss Worthington said. "We put forward several proposals but the old city manager (James Keene) killed them. The new city manager seems more favorable but it hasn't been a priority."Until last April, the city did not require new businesses to state that they intended to sell medical marijuana, according to Mark Rhoades, Berkeley planning manager. "You had to get a zoning certificate for retail sales, but there was no differentiation between the types of retail," he said.The city has since made it a requirement to indicate the intent to sell medicinal marijuana, though no one has yet applied.But the two armed robberies in the last few months -- as well as loitering and ongoing suspicions that the cannabis club at 1672 University Ave. is selling to minors -- has brought a previously unfelt urgency to establish greater guidelines for regulating the distribution of medicinal marijuana.A few days before the second armed robbery occurred, Police Chief Dash Butler and City Manger Weldon Rucker met with club owner Ken Estes to let him know his operation was under surveillance and to tell him to "clean up his operation," according to an e-mail Maio sent to Berkeley Way neighborhood residents. The same day Estes pulled back the men who had been guarding the premises, he was robbed a second time.Maio, who represents the area that includes the University Avenue corridor, said the city is currently reviewing Oakland's ordinances, which have more guidelines, and may consider adopting a similar system. She said the police department is aware of the problems and is in the process of investigating. One of the biggest concerns is the amount of cash and drugs on the premise, Maio said.But in the past, police presence has been close to nonexistent, contended neighbors at a recent community meeting held by Maio. And according to the city's Protocols for Medical Cannabis, "medical cannabis-related activities shall be the lowest possible priority of the Police Department."Fred Medrano, the city's director of health and human services, said the city's low-profile approach stems from the conflict between federal and state law. "We are trying to meet Prop. 215 by providing access. However, under federal law, the possession, distribution etc., remains illegal. The federal-state problem puts local jurisdiction in a bind and the proposition did not spell any of this out," Medrano said.But according to Jesse Choper, a UC Berkeley law professor, the Supreme Court decision in May that ruled Prop. 215 did not invalidate the federal laws under which marijuana is an illegal drug does not prohibit cities from taking their own steps -- at least some of them. "The only thing the city can't do is immunize anybody from the application of federal prohibitions," Choper said. "Like with any other business, there are rules about operating and the police can intervene."John Gordon, owner of a vacant property next door, said he thought controversial businesses such as a cannabis club should be subject to public review. Gordon, who is trying to rent his building, said he has to disclose the cannabis club to all potential renters, some of whom have been deterred."I think with an operation like this, which is unlike even other herbs places, people should have a say -- especially if it affects their lives," Gordon said. "The rights of one person should not minimize the rights of others."Gordon is one of several business owners in the area who raised concerns about the proliferation of loitering and possible youth involvement.But Estes, the owner of the cannabis club at 1672 University Ave., denies claims that his business sells to minors. "You have to be at least 18 and you have to have a prescription, but we can't get in between the doctor and the patient -- there are young people with AIDS and cancer but I haven't seen anyone who comes in here who is younger than 18," Estes said, though he acknowledged that last summer patients with prescriptions were selling their medicine to nonmembers on the street. The problem has since been alleviated and memberships of such clients have been revoked, said Estes. He added that he is installing a video surveillance system and a steel screen door for greater safety.Estes, who opened Medical Herbs three years ago, blames recent armed robberies on the criminal drug trade. "When we are open we are taking business away from the street people and cutting into their profits and the criminal world doesn't like it so they are starting a little war against us," Estes said. "It is almost like this is the second wave of our battle, the first wave was law enforcement. So basically it is up to us club owners to establish some parameters to make this work."But currently, very few parameters are in place. It's hard to find out how many marijuana plants a patient is allowed to grow or how much each patient is allowed to buy. "The waters are murky right now," Estes said, adding that a patient can buy anywhere from a gram to a quarter of a pound depending on where they are coming from."The normal distribution is about a gram to an eighth of an ounce, but people who travel from far will get from an ounce to a quarter pound," Estes said. "It is really a patient-by-patient situation."From the inside, Medical Herbs, which functions as both a dispensary and a place to smoke, resembles a coffee house more than a pharmacy.Several tables and chairs fill the main room and the walls are lined with posters, some featuring Jerry Garcia and Bob Marley.Estes said Medical Herbs is a nonprofit business. He currently has five employees who are all patients as well. They volunteer their time and in return receive cannabis for medical use.Dr. Frank H. Lucido, a doctor in Berkeley for 22 years, said that patients who come for medical marijuana evaluations make up 10 to 20 percent of his practice. Since he started making recommendations three years ago, Lucido said he has denied approximately 10 patients, who he thought did not qualify."Like with anything, you see people who use too much, but most people are qualified," Lucido said.Note: The University Avenue club has nearby residents and merchants concerned, and officials looking at possible policy changes. Source: Contra Costa Times (CA)Author: Michal Lando, Staff WriterPublished: Friday, December 28, 2001 Copyright: 2001 Contra Costa Newspapers Inc.Website: http://www.contracostatimes.com/Contact: http://contracostatimes.com/contact_us/letters.htmRelated Articles & Web Sites:Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmBerkeley Marijuana Ordinance Jeered http://cannabisnews.com/news/thread9225.shtmlBerkeley's Pot Limit Is 2.5 Pounds http://cannabisnews.com/news/thread9183.shtmlCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml

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Comment #12 posted by Rev Jonathan Adler on December 30, 2001 at 22:29:39 PT:
Robbery of a legal facility is robbery!
Police in Berkeley have operational instructions on Medical Marijuana issued in late 1996. I still have a copy. and it's clear that the Police should shoulder the responsibility to solve the robbery and arrest the perpetrators. They are sworn to defend the club, not the thieves. I have a new working relationship with our local HPD and their operational instructions require them to respect my rights and protect our medical marijuana facility like any other farm or church! That is how we will all benefit, is by working together. Peace in the new year ! Aloha from Paradise! Rev Jonathan Adler / Hilo, Hawaii
Hawaii Medical Marijuana Institu                        
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Comment #11 posted by john wayne on December 30, 2001 at 20:30:20 PT
abuse, compassion and privilege
"We want to have the substance available, but we don't want to make fools of ourselves if the privilege is being
   abused," Councilwoman Linda Maio said. "I have spoken with the city manager and said we have to pursue every
   possible avenue to contain and regulate it and make sure it is not really taking advantage of 'compassion.'"Yeah, because everyone knows that if you get robbed, you're "abusing the privilege" of selling the "substance". Hmm, wonder who's really behind these robberies?  Couldn't be the stop-medical-cannabis-at-all-costs crowd in the govt. itself could it? Naaaaaaaaaahhhhh!Linda Maio starts talking about completely unrelated "compassion abuse" in light of these robberies. Gee, Linda, did you arrange for these robberies yourself? Do you know who did?  Were you given a press release to read to the press once the robberies were in the news? Questions, questions!
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Comment #10 posted by QcStrt on December 29, 2001 at 15:55:11 PT
neighborhood
medical marijuana patients of our sick and dying neighbors, a nuisance to our neighborhood's 
So where are we to get the medical supplys that are required to stay alive people.Is this going to be like the one, that states you have to be X number of feet from a school or charch to sell beer or what every. The club has to be 2-3 blocks away from everything to be safe for the neighbor's. { This is redicules that we can not be seen like other people in the 
Community!}
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Comment #8 posted by ekim on December 28, 2001 at 21:08:46 PT:

Noam Chomsky
Will be on C-Span 8pm Sat night 29 Dec
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Comment #7 posted by herbdoc215 on December 28, 2001 at 19:45:10 PT:

Carry a big stick
I have known Ken for several years and we also did club to club sales to them. The one thing not mentioned is that ken is in a wheelchair and severely disabled due to spinal injury. We had simular problems in humboldt but me and several other veterans put the skid on that sh*t. I hate to be violent(one thing the Army taught me well) but some peole are predators, nobody realizes this is same order we all take; 1st cops rob and harrass us, then black market thugs come in to intimidate--- we stood as one. Money is one thing that must be taken from medical arena, How? In real world we must do real things. Punks are ones who belong in prison. Steve Tuck 
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Comment #6 posted by lookinside on December 28, 2001 at 19:15:43 PT:

ship's name was..
the achille lauro? not sure about the spelling...EJ: you definitely have the truth on your side.The club we get medicine from is guarded by several large individuals with radios. they card EVERYBODY. if a thief got by these guys WITHOUT them radioing upstairs, they'd still be slow getting out because of the strategic situation. likely would end up as a hostage situation. cops would be there before the robbers could get control upstairs.
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Comment #5 posted by i420 on December 28, 2001 at 19:07:02 PT

Remember the dead presidents???
Banks get robbed everyday would they prohibit them in the sake of public safety???
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Comment #4 posted by FoM on December 28, 2001 at 17:08:29 PT

On Fox News Now about Drug War!
I couldn't find an article but it should be interesting. Thought I'd pass it on. It's on The O'Reilly Factor.http://www.foxnews.com/oreilly/index.html
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Comment #3 posted by ekim on December 28, 2001 at 17:00:00 PT:

when i see strory's like this it makes me think
of that poor wheelchair guy that was tossed of that ship I think somewhere in the Med sea. Some thugs came on board and wanted to rob everyone. Apparently the only man on board had to be tossed over while all the others stood and watched. Man that happen a long time ago and it still gets me.. now i have to pull the other way and feel that people are helping one another and it is growing from understanding:)
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Comment #2 posted by E_Johnson on December 28, 2001 at 16:58:48 PT

Any feminist should recognize this trap!
The way they used to keep women out of astronomy was to argue that women's "honor" could not be protected in the lonely confines of a telescope during the long hours of an observing session. If you can't go to the telescope, you can't be an astronomer.What they really meant was that male faculty members had sexual carte blanche to the extent that rape was covertly perfectly acceptable to their culture and they WOULDN'T -- not couldn't -- protect women colleagues against that threat of violence.The possibility that women could be criminally victimized was used to maintain the cultural and intellectual marginalzation of women that helped enable that threat of criminal victimization in the first place.This is all a giant self-propagating system of interlocking marginalization that any feminist should be deeply familar with.
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Comment #1 posted by E_Johnson on December 28, 2001 at 16:40:02 PT

When liquor stores get robbed??
What do people do when their favorite liquor store gets robbed?Good citizens of this nation don't argue that people should only be able to buy a half a case of Jack Daniels instead of a whole case of Jack Daniels. Good citizens of this nation come out in public to call for more police protection for the most dangerous drug in America -- alcohol.And this is just plain sick:A second armed robbery at a cannabis club on University Avenue and increasing concern among nearby businesses and residents has provoked the city to consider tightening its policy towards the distribution of medical marijuana."We want to have the substance available, but we don't want to make fools of ourselves if the privilege is being abused," Councilwoman Linda Maio said.People who are robbed at gunpoint are normally considered by society to be crime victims deserving of public protection through the efforts of people such as Ms. Maio.This is a blame the victim article that any rape or domestic violence survivor should be able to recognize as being part of a political agenda to maintain the system of power that enabled the victimization in the first place.
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