Pubdate: Thu, 4 Dec 2003 Source: Daily Review, The (Hayward, CA) Copyright: 2003 ANG Newspapers Contact: http://www.mapinc.org/media/1410 Website: http://www.dailyreviewonline.com/ Author: Michelle Meyers, Staff Writer Bookmark: http://www.mapinc.org/topics/Hayward+medical+marijuana HAYWARD COUNCIL OKS KEEPING 3 DISPENSARIES Debate Could Now Move HAYWARD -- The Hayward City Council on Tuesday night sanctioned three existing downtown medical marijuana dispensaries, leaving a fourth dispensary -- a newcomer to the debate -- out of the grandfathering agreement. The council's decision pretty much ends the 10-month discussion on the extent to which Hayward should allow the dispensary operations, amid conflicting state and federal laws and efforts to revive downtown. But the issue likely will remain abuzz in neighboring areas of unincorporated Alameda County, where the fourth Hayward dispensary -- now located through double doors of a Main Street coffee shop -- might relocate. "We were asked to monitor the situation," said Bob Swanson, an aide to Alameda County Supervisor Nate Miley. "We've haven't had to deal with the issue yet, but I don't think it's going to be a big problem." Last summer an ad hoc committee of city officials, community members and medical marijuana advocates struck an informal deal that would have allowed two Foothill Boulevard dispensaries -- The Hempery and Local Patients Cooperative -- to exist for three years under certain conditions. A third dispensary, Helping Hands Patients' Center (HHPC), also was operating at the time on B Street, but its owner had planned to move outside city limits. All of the dispensaries, including the fourth that has been operating since last spring in Main Street Roasting Company, are in violation of Hayward's zoning law. Unanimous, Compassionate Support In the name of compassion for medical marijuana patients, the council expressed unanimous support for the ad hoc committee's compromise. Things became more complicated, however, when ad hoc committee member Jane Weirick took over the struggling HHPC by relocating it to her dress shop, also on Foothill Boulevard. Weirick asked the council to grandfather in her facility, Hayward Patients' Resource Center (HPRC), because, she said, it serves the same patient group as HHPC, just at a new location. On the basis of the facilities' reputations and countless testimonials as to Weirick's commitment to patients, the council last month surprisingly decided to grandfather in Weirick's facility and the Local Patients Cooperative, but not The Hempery's dispensary, called Hayward Patient Group. Soon after, concerned about fairness issues, the council decided to revisit its decision. Hempery owner Cheryl Adams told Mayor Roberta Cooper that she hadn't been notified about related meetings. Time Limits The council's 6-0 vote Tuesday night, with Councilman Bill Ward abstaining, essentially was an endorsement of a compromise City Manager Jesus Armas suggested after visiting a few of the clubs. The Hempery and Local Patients Cooperative will be able to stay open for three years. Weirick's HPRC will be able to stay open for just one year. If one of the other dispensaries closes within a year, the HPRC will be able to stay open for three years. Any other dispensaries "would need to cease operation," Armas said. Weirick is on vacation and unavailable for comment on the council's decision. Her staff members declined to comment Tuesday. The decision was good news for the Hempery, according to employees, who said they were relieved to be able to stay open. Adams could not be reached for comment. Local Patients Cooperative owner Shon Squier said he thinks the council was fair "and appreciates the compassion the city has shown patients." He said he will strictly honor a condition limiting the amount of product he can have on site, but added that it's going to be a challenge. He expects business to grow as recent state law SB420 -- the medical marijuana photo ID registry bill -- goes into effect, along with the council's decision. "People are getting more confident that the feds aren't going to bust them," he said. Ward said he abstained from Tuesday's vote because he didn't have a clear understanding of why Weirick's facility should be grandfathered and not the Main Street coffee shop. "We were going on what was known by us at the time rather than what was existing," he said. "There wasn't enough clarity with respect to the differences between the Jane Weirick facility and the other one on Main Street." Jose Rodriguez, one of the Main Street coffee shop owners, said he and his partner aren't yet sure of their game plan, though they don't want to leave their current location. "I love this place," he said. He has been in touch with Swanson and might consider a move to the county, he added. Rodriquez wouldn't be the first to open a dispensary in the unincorporated area. We Are Hemp, a hemp store and dispensary on Lewelling Boulevard in Ashland, has been open for two years, said co-owner Adele Morgan, a former 28-year Kaiser nurse and Hempery employee. "I wanted to stay low-key," she said, adding that she hasn't run into any trouble with county officials or police. Operating Conditions The next step is for the Hayward dispensary owners to sign off on a list of conditions, including: Agreeing to limit the amount of pot on site each day. Trying to keep people from hanging out near the facilities. Banning advertising. Recognizing the operation is subject to police inspection. Encouraging patients not to smoke on site or on the street. - --- MAP posted-by: Richard Lake