Pubdate: Sat, 15 Mar 2003
Source: Oakland Tribune, The (CA)
Copyright: 2003 MediaNews Group, Inc. and ANG Newspapers
Contact:  http://www.oaklandtribune.com/
Details: http://www.mapinc.org/media/314
Author: Michelle Meyers

HAYWARD OFFICIALS IN LEGAL BIND OVER MEDICAL POT

Three Downtown Marijuana Dispensaries Violate Zoning Laws

HAYWARD -- The federal government says marijuana is illegal.

But, the state and a majority of California voters who approved Proposition 
215 in 1996 consider the plant legal for medicinal use.

So where does that leave cities such as Hayward, with its three existing 
downtown medical marijuana dispensaries?

City officials, who only recently learned of the dispensaries in town, say 
the businesses are violating the city's zoning law.

But medical cannabis proponents say it's up to cities to develop guidelines 
and standards to help implement the state medical marijuana law. Cities 
such as San Francisco and Fairfax in Marin County have already done so.

"We're really caught," said Mayor Roberta Cooper, who voted for Proposition 
215, but doesn't want to sanction the dispensaries in town until the legal 
conflict is resolved.

And while Cooper would like the conflict to be "out of our hands, for now," 
she said she realizes that, with word out about existing clubs such as the 
Helping Hands Patients' Center, the Hayward Hempery and the Local Patients 
Cooperative, Pandora's box is open.

"You can't close the lid," Cooper said.

The issue of whether to discuss the possibility of changing the zoning law 
to make medical pot dispensaries legal in Hayward is on the agenda of 
Tuesday's City Council work session, loosely scheduled for 5 p.m. at City 
Hall, Work Session Room 2A, 777 B St.

Meanwhile, local medical cannabis advocates have launched an effort to 
convince the council and city officials that the clubs are an essential 
service for suffering patients who shouldn't have to travel to Oakland to 
get their medicine.

"The dispensaries in Hayward are focused on helping local residents with 
life-threatening illnesses, including AIDS and cancer," wrote Shon Squier, 
owner of Local Patients Cooperative, in a letter to the council.

Squier and Helping Hands Patients' Center owner Phillip Mull said they have 
already toured two council members around their facilities to help show 
them what their operation is all about.

"We look forward to working with the city to help our patients, while not 
impacting economic development in Hayward," he wrote.

The dispensaries downtown aren't new; they have been operating quietly 
under business licenses for vague services such as sales and consulting, 
with no mention of pot.

Their profile was raised, however, after a story appeared last month in a 
local newspaper 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 to be on the way.

The city ended up denying Kenny Vargas' application to open his Total 
Hayward Compassion on B Street because it violated the zoning law, which 
excludes all uses not specifically mentioned in the code. Vargas was the 
first to be completely open about his intentions to dispense pot, city 
planners said.

"I've learned a lot," said Vargas, who might consider opening a facility in 
unincorporated Alameda County. "What I did, for the common good, bad, or 
indifferent, is to bring the issue up for discussion."

But after the newspaper article was published, the city also sent letters 
to the other three dispensaries, stating that they were violating the code, 
and must cease dispensing or be subject to fines.

The legal limbo makes it difficult for the city and the police to come up 
with policies to address the issue.

"We don't get that many complaints," said Capt. Raul Valdivia of the 
Hayward police. "We feel it's probably better to deploy our energy and our 
resources in other directions."

Even if arrests were made for possession of pot, or related crimes, he 
added, it's not likely that the district attorney would prosecute.

A member of the city's Community Preservation staff inspected the three 
dispensaries on March 4 and issued warnings, said Ann Bauman, who heads the 
department.

City Council Member Kevin Dowling last week asked the council to consider 
accommodating the dispensaries, in response to the letter from Squier. The 
council will decide at its work session whether to put the issue on its 
formal agenda for debate.

While Proposition 215 sent a clear message about public support for medical 
marijuana, it has also brought up many questions and quandaries.

One of those, Dowling said, is how cities are supposed to permit the 
dispensing of pot.

"The state let cities down in not establishing policies on how clubs can 
operate," he said.

Dowling doesn't like the idea of more dispensaries downtown, particularly 
on the bottom floor of buildings, as Vargas proposed, he said. But he can 
see changing the code to allow for a couple of low-key dispensaries, such 
as ones that impressed him downtown, he said.

Dowling also likes the idea, as suggested by Squier, of creating a working 
group of community members to regulate the dispensaries.

Jane Weirick, a Hayward resident and president of the state's Medical 
Cannabis Association, said the city could model its program after those in 
other cities that have developed guidelines and standards for cannabis clubs.

Until the federal government directly challenges Proposition 215, Weirick 
added, "It's the law of the land."

But even if proponents can convince the City Council to accommodate their 
dispensaries, they will still have to contend with the general public.

In response to Vargas' application, the city received a slew of phone calls 
and e-mails, all in opposition to a new dispensary, a city planner said.

Alameda County will be grappling with a similar issue next week. The Board 
of Supervisors Tuesday is scheduled to consider whether to approve a county 
membership card for cannabis patients and their caregivers.
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MAP posted-by: Alex