Greenleaf Wellness Group, a medical cannabis supplier, was declared a public nuisance in violation of Berkeley laws by Berkeley City Council at its meeting Tuesday.
The declaration follows a resolution by the Berkeley Zoning Adjustments Board in December and complaints from neighbors of Greenleaf, located at 1515 Dwight Way. Because it was declared a nuisance, Greenleaf is now subject to closure. Greenleaf’s legal standing as a collective in a residential district is also contested, and losing that status may also result in its closure.
“Greenleaf operates more like a commercial dispensary, replete with parking, noise, traffic hazards and open drug use in our otherwise quiet neighborhood,” said Steve Lautze, a resident of the neighborhood, in a letter to the City Council.
Central to the issue is the distinction between a commercial dispensary and a residential collective. Under current laws, dispensaries are regulated and must be located in business districts and maintain records of all their patients, and only four dispensaries are allowed in the city.
Collectives, on the other hand, have fewer restrictions and can be stationed in residential buildings as long as operations do not exceed 25 percent of the building’s floor area. Residents who oppose the collective say the building is only sporadically used as a residence and causes noise and parking nuisances equivalent to those of a business.
However, the Greenleaf property occupies two different zones: one commercial and the other residential.
James Anthony, the lawyer for Greenleaf, said that in addition to these districting ambiguities, there are issues regarding the distinction between a collective and a dispensary.
“Unlike San Francisco and Oakland … Berkeley has no hard numerical number at which a collective becomes a dispensary and requires a permit,” Anthony said, addressing the council at the meeting. “Rather than terminating use, impose conditions.”
At the meeting, all council members except Kriss Worthington voted in favor of the staff recommendation to declare Greenleaf a nuisance. Worthington said the issue had many factors that needed to be understood before a decision could be made.
“This is legally a lot more complicated than any either side is making it out to be,” Worthington said. “The staff report says it is not of residential use … the city repeatedly sent housing inspectors to inspect the property, and we don’t usually send housing inspectors for commercial property.”
However, Councilmember Jesse Arreguin challenged that idea, saying it does not matter what zone Greenleaf occupies, because according to a number of resident reports, the building is not currently used as a residence.
City staff members will prepare a resolution for adoption at next week’s meeting. The council will also discuss the statutes that differentiate between collectives and dispensaries.
Contact Mary Zhou at [email protected]