Pubdate: Fri, 28 Sep 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: Mitchell Handler

CITY OFFICIALS DISCUSS DISPENSARY'S FATE

Zoning board report states medical cannabis group is in violation of
codes

City officials met Thursday night to discuss the fate of the Perfect
Plants Patient's Group, a medical cannabis operation that they say has
been operating illegally for months.

According to a Zoning Adjustments Board staff report, the business --
also known as 3PG -- is operating under multiple code violations,
including operating a medical cannabis collective in a commercial
zone, operating a cannabis dispensary within 600 feet of a school and
using the structure for something other than what it is zoned for.

Part of the city's concerns stemmed from confusion over whether the
business is operating as a collective or a dispensary -- a distinction
that dictates separate zoning regulations.

City records show the building was last approved to operate as a
clothing retail establishment in 2008.

In November, residents began complaining to the city's Code
Enforcement Unit about an "illegal cannabis operation at 2840-B
Sacramento Street," according to city documents. Following the
complaints, code enforcement officers were sent to 3PG in December,
where they found the dispensary in violation of the Berkeley Municipal
Code. Code Enforcement Supervisor Gregory Daniel first notified 3PG
and building owner Lian Rui Tan of its alleged violation in a Dec. 8
letter.

"It has come to the City of Berkeley's attention that you are
operating a medical marijuana establishment that is dispensing medical
marijuana in a non-residential zoning district," said Daniel in the
letter. "Accordingly, you are required to immediately cease your
operation at 2804-B (sic) Sacramento Street."

After not complying with the Dec. 8 letter, the city continued to send
multiple notices to 3PG, according to the city report. Later that
month, Daniel sent a citation warning letter to both Eric Thomas --
the managing member of 3PG -- and Tan instructing them to contact the
city's Code Enforcement Unit to schedule an inspection to verify that
the alleged unlawful activities had ceased.

On Jan. 18 -- three days before 3PG's deadline to contact the CEU --
Daniel received a letter from the law offices of Steve Whitworth, who
was hired to represent 3PG.

"Please be assured that Mr. Thomas and I will do our diligence and
immediately move to ameliorate any potential problems with the
situation," said Whitworth in the letter.

Since that letter, the business relationship between 3PG and Whitworth
has ended, said Whitworth.

The January letter was also the last time any representatives of 3PG
contacted the CEU, according to the report.

More than two months after the January letter, code enforcement issued
citations to both Thomas and Tan for $12,150 each. Both have paid $500
so far, according to the report.

City records show that Thomas later tried to contest the citation, but
his requests were denied because he failed to file it during the
appeal period and did not include an advance deposit of the penalty
fee or a deposit hardship notice waiver.

"I have measured the distance to the school," said Thomas in a request
to the city that the citation be reviewed. "It is greater than 600
feet. I cannot move the business to another location that is
residential because residential zoning does not approve of this type
of activity by people's homes."

The city, however, said that 3PG if is operating as a dispensary, it
is located approximately 546 feet away from Longfellow Middle School,
which is less than the minimum 600-foot distance from schools required
under the municipal code. The city code also requires that collectives
operate "incidental to residential use," meaning they cannot operate
in commercial or manufacturing districts.

Thomas did not respond to requests for comment.

Other cannabis establishments in the city have run into conflicts with
city and federal regulations as well.

After receiving a notice from the U.S. Attorney's Office warning that
its old location was operating too close to a school, a violation of
federal law, Berkeley Patients Group shut its doors in May. It is
currently constructing a new location several blocks away from its
original spot.

Another citation was issued to 40 Acres Medical Marijuana Growers
Collective in December along with 3PG for operating in a
nonresidential area. The collective is currently still operating at
its 1820 San Pablo Ave. location.

At Thursday's meeting, the board was scheduled to hear testimony
regarding 3PG and possibly direct staff to draft a resolution
declaring it a nuisance and in violation of the municipal code. That
resolution would then be brought up again at the board's Oct. 11
meeting. From there, it could go to the City Council, which will
conduct a hearing within 60 days of the board's recommendation.

As of press time, the board had not reached a decision.
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MAP posted-by: Matt