HAYWARD OKS MEDICAL MARIJUANA CLINICS

Debate Could Move Dispensaries To Unincorporated Areas Of Alameda County

HAYWARD -- The Hayward City Council sanctioned three existing downtown
medical marijuana dispensaries this week, leaving a fourth dispensary -- a
newcomer to the debate -- out of the grandfathering agreement.

The council's decision pretty much nips in the bud 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 a buzz 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.

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 in her dress shop,
also on Foothill Boulevard.

Weirick asked the council to grandfather in her facility, Hayward Patients'
Resource Center, because, she said, it serves the same patient group as
HHPC, just at a new location.

Based on 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.

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 others 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.

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 streets.