Pubdate: Wed, 22 Feb 2012
Source: Daily Californian, The (UC Berkeley, CA Edu)
Copyright: 2012 The Daily Californian
Contact:  http://www.dailycal.org/
Details: http://www.mapinc.org/media/597
Author: Adelyn Baxter

CITY ORDERS TWO BERKELEY MEDICAL CANNABIS COLLECTIVES TO CLOSE

One of Berkeley's medical cannabis collectives has closed and another
is at risk of being shut down following concerns that the businesses
were illegally operating as dispensaries rather than
collectives.

On Dec. 8, the city's code enforcement supervisor Gregory Daniel sent
letters to the Perfect Plants Patient's Group and 40 Acres Medical
Marijuana Growers Collective -- two of the city's several collectives
- -- notifying them that they were in violation of the Berkeley
municipal code because they were operating in a non-residential zoning
district.

Both letters conclude with the statement "you are required to
immediately cease your operation."

As of late January, 40 Acres had closed and moved out of its location
at 1820 San Pablo Ave.

According to Berkeley City Councilmember Jesse Arreguin, the
distinction between collectives and dispensaries is a gray area, with
different definitions in state and city policies. While a dispensary
is allowed to "dispense medical cannabis at a non-residential
location," collectives are not allowed to operate in commercial or
manufacturing districts and are only allowed to operate out of a residence.

Members of the city's Medical Cannabis Commission and residents in the
neighborhoods surrounding the collectives raised concerns to the
Berkeley City Council about the ways in which the two collectives were
operating.

At a Dec. 6 City Council meeting, Councilmembers Arreguin and Darryl
Moore requested that city staff look into the two collectives.

"Local and state officials are not doing much to help these issues,"
said Charles Pappas, a member of the Medical Cannabis Commission. "The
medical cannabis community is also not unified."

Perfect Plants Patient's Group was notified in their letter that they
are also in violation of the city law that restricts dispensaries from
operating within 600 feet of a public or private elementary, middle or
high school for their proximity to Longfellow Middle School.

"It's unfair to the collectives who are competing for that spot as the
fourth dispensary for these two to be operating out of compliance with
the regulations," Arreguin said.

Arreguin said he did not know whether or not 40 Acres planned to
reopen elsewhere in Berkeley, but hopes that they will do so in a way
that conforms to the city's laws.

"I think 40 Acres provides a service to the community," said Arreguin.
"The issue is that they were violating the law and setting a bad
precedent for collectives to operate as dispensaries."
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MAP posted-by: Matt