HAYWARD COUNCIL OKS KEEPING 3 DISPENSARIES

Debate Could Now Move

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

The council's decision pretty much ends 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 abuzz 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.

Unanimous, Compassionate Support

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 to her
dress shop, also on Foothill Boulevard.

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

On the basis of 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.

Time Limits

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 other 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.

Operating Conditions

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
street.