cannabisnews.com: Hempery Left Out By Council Vote





Hempery Left Out By Council Vote
Posted by CN Staff on November 21, 2003 at 08:12:44 PT
By Michelle Meyers, Staff Writers
Source: Daily Review
Hayward -- This year will mark both the 10th anniversary of The Hayward Hempery and the likely closure of its pot dispensary, as a result of a surprise City Council decision Tuesday. The council was scheduled to consider grandfathering in The Hempery and the Local Patients' Cooperative -- both on Foothill Boulevard near B Street -- as part of a compromise agreement that evolved from a city task force on medical marijuana. The dispensaries, including a third one that recently opened in the same vicinity on Foothill, have been operating in violation of Hayward's zoning law.
The council instead voted 7-0 to sanction Local Patients' Cooperative and the new Hayward Patients' Resource Center (HPRC), a revival of the former B Street Helping Hands Patients' Center. That means The Hempery -- one of Alameda County's best-known and oldest medical marijuana suppliers -- will have to close its dispensary. The Hempery also sells hemp clothing and products, said owner Cheryl Adams, who was floored by the news Wednesday morning. "I was never notified of any of this," she said, adding that she planned to talk to Mayor Roberta Cooper about what she views as the unfairness of the decision. Adams disputes The Hempery's reputation in some quar-ters that hard drugs and other unsavory activities take place there. Adams didn't go to Tuesday's meeting because someone had called the dispensary to say it was postponed to Dec. 2, she said. That postponement was true for the city of Oakland's deliberations on the issue, but not Hayward's. Twenty three medical marijuana advocates testified Tuesday to try to convince the council to grandfather in three, not two dispensaries. Many were there to support HPRC owner Jane Weirick, who opened the dispensary in her dress shop to serve the patients and employees of Helping Hands. "If I had known, I would have had (my patients) come out, too," Adams said. The dispensaries aren't new, but their profiles were raised earlier this year after a story in The Daily Review about a proposed new dispensary. The city turned down the proposed new owner and notified the existing dispensary owners that they were violating the law. That led Cooper to form an ad hoc committee, with the hope of coming up with a way to allow the dispensaries to continue serving patients, despite conflicting federal and state law. Councilman Kevin Dowling's motion Tuesday to leave out The Hempery followed 11/2 hours of testimony and debate about whether to grandfather in two or three dispensaries. The grandfathering would last three years. At that point, if laws aren't reconciled, the dispensaries will have to close. Despite instructions from Cooper, the debate also ended up being about whether to let Weirick, heralded by her supporters as a champion of medical marijuana patients, keep her dispensary open. "This is not about Jane," Cooper said, in an attempt to limit rehashing of testimonials given on her behalf at a work session last month. At the work session, the council made no decision about whether it would sanction two or three dispensaries. But most members appeared supportive of Weirick and her dispensary. Some medical marijuana advocates interpreted that support as a done deal. So did Weirick, who was shocked to read a report from City Manager Jesus Armas on Friday recommending the council grandfather in the original two included in the task force recommendation, and not hers. "I'm as confused as I can be. I left the last work session believing the issues had been settled," she said, in tears, adding that she had already planned a Thanksgiving din-ner and bought Christmas decorations. "Please don't deprive our patients of their caregivers." Others faulted the council, stating that it hadn't listened to the patients. The testimony started to offend council members who pride themselves on Hayward's status as the compassionate "Heart of the Bay." Cooper did respond to medical marijuana activist Ed Rosenthal, who said limiting the dispensaries is unconstitutional under state law and not fair to consumers. "You're treating these dispensaries as if they're nuisances," Rosenthal said, adding that the ACLU could challenge that limitation. "Basically, this is an herb shop. I don't think you can close them down." Cooper replied that "telling this council that we don't know what we're doing doesn't bode well." After pointing out that the majority of those who testified were not Hayward residents, Cooper said it was "disingenuous" for Weirick, who served on the medical marijuana task force as president of the Medical Cannabis Association, to later try to change the recommendation to which she was a party. That sent Weirick and a group of her supporters storming out of the room. Although he wanted to grandfather in all three dispensaries, Dowling realized he didn't have the votes for that and offered the compromise motion. If not all three, he said, why not choose the two that have the best reputations? Councilman Olden Henson agreed, adding that The Hempery has had some "police action issues." Police raided The Hempery in 2000, when it was owned by founder Bob Wilson. Although officers found a marijuana-growing operation inside, no charges were filed. Before that, the Hempery was held up at gunpoint. More recently, Adams said The Hempery was robbed on Nov. 7 of $30,000 worth of marijuana. She didn't report it to the police, however, at the urging of Weirick. Weirick said she was concerned the news could interfere with the coun-cil deliberations. The council also voted unanimously on an ordinance that recognizes medical marijuana identification cards issued by other cities and counties. That will have to go back to the council for a second reading. The decision about grandfathering the dispensaries, including a list of conditions by which they will have to abide, is final, unless a council member asks to reconsider it.Michelle Meyers covers Hayward, Cherryland and Fairview. Source: Daily Review, The (CA)Author: Michelle Meyers, Staff WritersPublished: Thursday, November 20, 2003 Copyright: 2003 MediaNews Group, Inc.Contact: revlet angnewspapers.comWebsite: http://www.dailyreviewonline.com/Related Articles & Web Site:Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmRobbers Invade Oakland Pot Clubhttp://cannabisnews.com/news/thread17771.shtmlCannabis Clubs Put Council in Tight Spothttp://cannabisnews.com/news/thread17694.shtmlHayward Discusses Rezoning Pot Clubshttp://cannabisnews.com/news/thread16361.shtml
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