HAYWARD TO DISCUSS MEDICINAL POT

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 Fair-fax 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 pot 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.

"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 The
Daily Review 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 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 article's publication, the city also sent letters to the
other three dispensaries, stating that they were violating the code, and
must cease dispensing or else 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.