Pubdate: Thu, 20 Nov 2003
Source: Daily Review, The (CA)
Copyright: 2003 MediaNews Group, Inc. and ANG Newspapers
Contact:  http://www.dailyreviewonline.com/
Details: http://www.mapinc.org/media/1410
Author: Michelle Meyers

HEMPERY LEFT OUT BY COUNCIL VOTE

Hayward Allows Two Dispensaries To Remain Open

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 quarters that hard drugs 
and other unsavory activities take place there. Adams didn't go to 
Tuesday's meeting because some-one 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 Tues-day 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. "Basic-ally, 
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 
council 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.
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MAP posted-by: Beth Wehrman