Pubdate: Sat, 22 Mar 2003 Source: Argus, The (CA) Copyright: 2003, ANG Newspapers Contact: http://www.theargusonline.com/ Details: http://www.mapinc.org/media/1642 Author: Michelle Meyers, Staff Writer DISPENSARIES, BUSINESS OWNERS FACE OFF Sides Argue Effect HAYWARD -- Medical marijuana dispensary owners say their facilities help fuel the downtown economy by attract-ing about 70 patients each day. Downtown business leaders, however, even those who support the use of medicinal pot, question whether the dispensaries have the opposite effect. "Whether they are upstairs, next door or down the street, they may deter the very businesses we are trying to attract," said Scott Raty, president of the Hayward Chamber of Commerce. "They aren't consistent with the goals to create a pedestrian-oriented downtown." It may be a matter of opinion. But that hasn't stopped dispensary owners from collecting empirical data to help prove their case. Two of the three downtown dispensaries conducted a survey this month to help put faces on its patients for the City Council and other community members who hold the facilities' fate in their hands. City officials told the dispensaries this month that they are in violation of Hayward's zoning law, which doesn't allow for the dispensing of marijuana, even if it's recommended to patients by a doctor. Proposition 215, approved by 67 percent of Hayward voters in 1996, makes marijuana legal in treating any illnesses for which it provides relief. The federal government, however, still considers pot an illegal drug. Caught in the middle, the City Council on Tuesday night will begin considering whether to change the city code to allow the dispensaries to stay. Dispensaries have been operating in Hayward for awhile. But their profile was raised after a story last month 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. Phillip Mol, who owns Help-ing Hands Patients' Center on B Street, analyzed 146 surveys taken at his dispensary and Local Patients Cooperative on Foothill Boulevard. He determined that patients shop downtown an average of more than two times per week and spend about $20 per visit. About half of the patients surveyed live in Hayward, San Leandro and Castro Valley. The bulk of the rest come from Pleasanton, San Jose, Fremont, Newark, San Lorenzo, Tracy, Union City and Livermore. The average patient is 34 years old and makes $51,000 annually, Mol said. In response to an optional question about their medical condition, 36 patients said they had back conditions, and 21 said they have a mental illness. Others said they take pot for pain management, arthritis, cancer, diabetes, HIV/AIDS, multiple sclerosis, carpal tunnel syndrome, chronic nausea, eating disorders and other illnesses. Once word got out last month about the application for a new B Street dispensary, the city received a slew of phone calls and letters, all opposing a new facility, the city planner said. Business owners, many of whom hadn't known about the existing dispensaries, also told ANG Newspapers they didn't want to see another one. But the verdict is still out on whether existing ones should be allowed to remain members of the downtown business community. Avalon Jewelers owner Rod Vargas, a member of the downtown Business Improvement Area Board, isn't convinced that the dispensaries bring in business, but doesn't see them as a detriment either. "It's an image issue, with so many in such a small place," he said. "In my opinion, they aren't doing any real harm. But I also don't see where we need any more." The council will consider the issue at its next meeting at 8 p.m. Tuesday in the Council Chambers at City Hall, 777 B St. - --- MAP posted-by: Richard Lake