cannabisnews.com: Pot Issue Opens Pandora's Box





Pot Issue Opens Pandora's Box
Posted by CN Staff on March 13, 2003 at 10:55:42 PT
By Michelle Meyers, Staff Writer
Source: Daily Review
Hayward -- The federal government says marijuana is illegal. But the state and a majority of California voters who approved Proposition 215 in 1996 consider the plant legal for medicinal use. So where does that leave cities such as Hayward, with its three existing downtown medical marijuana dispensaries? City officials, who only recently learned of the dispensaries in town, say the businesses are violating the city's zoning law. 
But medical cannabis proponents say it's up to cities to develop guidelines and standards to help implement the state medical marijuana law. Cities such as San Francisco and Fairfax in Marin County have already done so. "We're really caught," said Mayor Roberta Cooper, who voted for Proposition 215 but doesn't want to sanction the dispensaries in town until the legal conflict is resolved. And while Cooper would like the conflict to be "out of our hands, for now," she said she realizes that, with word out about existing clubs such as the Helping Hands Patients' Center, the Hayward Hempery and the Local Patients Cooperative, Pandora's box is open. "You can't close the lid," Cooper said. The issue of whether to discuss the possibility of changing the zoning law to make medical pot dispensaries legal in Hayward is on the agenda of Tuesday's City Council work session, loosely scheduled for 5 p.m. at City Hall, Work Session Room 2A, 777 B St. Meanwhile, local medical cannabis advocates have launched an effort to convince the council and city officials that the clubs are an essential service for suffering patients who shouldn't have to travel to Oakland to get their medicine. "The dispensaries in Hayward are focused on helping local residents with life-threatening illnesses, including AIDS and cancer," wrote Shon Squier, owner of Local Patients Cooperative, in a letter to the council. Squier and Helping Hands Patients' Center owner Phillip Mull said they have already toured two council members around their facilities to help show them what their operation is allabout. "We look forward to working with the city to help our patients, while not impacting economic development in Hayward," he wrote. The dispensaries downtown aren't new; they have been operating quietly under business licenses for vague services such as sales and consulting, with no mention of pot. Their profile was raised, however, after a story appeared last month in The Daily Review about a potentially growing hub of dispensaries. The city had received an application for a use permit to operate a new B Street dispensary, and another coffee-shop dispensary was rumored on the way. The city ended up denying Kenny Vargas' application to open his Total Hayward Compassion on B Street because it violated the zoning law, which excludes all uses not specifically mentioned in the code. Vargas was the first to be completely open about his intentions to dispense pot, city planners said. "I've learned a lot," said Vargas, who might consider opening a facility in unincorporated Alameda County. "What I did, for the common good, bad or indifferent, is to bring the issue up for discussion." But after the article's publication, the city also sent letters to the other three dispensaries, stating that they were violating the code and must cease dispensing or else be subject to fines. The legal limbo makes it difficult for the city and the police to come up with policies to address the issue. "We don't get that many complaints," said Capt. Raul Valdivia of the Hayward police. "We feel it's probably better to deploy our energy and our resources in other directions." Even if arrests were made for possession of pot or related crimes, he added, it's not likely that the district attorney would prosecute. A member of the city's Community Preservation staff inspected the three dispensaries on March 4 and issued warnings, said Ann Bauman, who heads the department. City Councilman Kevin Dowling last week asked the council to consider accommodating the dispensaries, in response to the letter from Squier. The council will decide at its work session whether to put the issue on its formal agenda for debate. While Proposition 215 sent a clear message about public support for medical marijuana, it has also brought up many questions and quandaries. One of those, Dowling said, is how cities are supposed to permit the dispensing of pot. "The state let cities down in not establishing policies on how clubs can operate," he said. Dowling doesn't like the idea of more dispensaries downtown, particularly on the bottom floor of buildings, as Vargas proposed, he said. But he can see changing the code to allow for a couple of low-key dispensaries, such as ones that impressed him downtown, he said. Dowling also likes the idea, as suggested by Squier, of creating a working group of community members to regulate the dispensaries. Jane Weirick, a Hayward resident and president of the state's Medical Cannabis Association, said the city could model its program after those in other cities that have developed guidelines and standards for cannabis clubs. Until the federal government directly challenges Proposition 215, Weirick added, "It's the law of the land." But even if proponents can convince the City Council to accommodate their dispensaries, they will still have to contend with the general public. In response to Vargas' application, the city received a slew of phone calls and e-mails, all in opposition to a new dispensary, a city planner said. Alameda County will be grappling with a similar issue next week. The Board of Supervisors on Tuesday is scheduled to consider whether to approve a county membership card for cannabis patients and their caregivers.Michelle Meyers covers Hayward, Cherryland and Fairview.Note: Council sets work session.Source: Daily Review, The (CA)Author: Michelle Meyers, Staff WriterPublished: Thursday, March 13, 2003 Copyright: 2003 MediaNews Group, Inc.Contact: revlet angnewspapers.comWebsite: http://www.dailyreviewonline.com/Related Articles & Web Site:Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmHayward Sees Growth in Pot Dispensarieshttp://cannabisnews.com/news/thread15496.shtmlLaw Officials Oppose Pot ID Cards on Their Watch http://cannabisnews.com/news/thread15150.shtml
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