A complaint was filed on May 2 through the U.S. District Court for the Northern District of California against Nahla Droubi, the landlord of the property that houses the dispensary. The lawsuit threatens to seize the property for allegedly violating federal law, which prohibits operating a marijuana dispensary.

Berkeley City Council members and representatives from Berkeley Patients Group held a press conference Wednesday afternoon in front of the Old City Hall expressing their opposition to the lawsuit.

“There is no legitimate reason to target Berkeley Patients Group,” said Sean Luse, chief operations officer at BPG. “They’re in compliance with state law. The U.S. attorney general … has chosen to hurt our patients by diverting attention from the real issues.”

Berkeley Patients Group also came into opposition with the federal government in February 2012, when it received letters from the U.S. attorney’s office for violating a federal law banning dispensaries from being located within 1,000 feet of a school. Even though California law dictates that the distance only has to be 600 feet, the dispensary voluntarily closed down and reopened at a new location in December a few blocks away.

According to the complaint, the U.S. attorney began sending Droubi letters again in November 2012 before the new location opened, warning that the new location would be in violation of the same federal law by being within 1,000 feet of two preschools. A second letter sent in February noted that the group could face criminal and civil penalties if operation continued.

Luse said that the federal government should focus its attention on other crime problems in the city, like illegal drug and gun trafficking. He also said that they plan to fight the lawsuit.

“We look forward to having our day in court and believe we will ultimately prevail,” Luse said.

City Councilmembers Darryl Moore, Kriss Worthington, Laurie Capitelli and Jesse Arreguin voiced their backing of Berkeley Patients Group at the press conference. Mayor Tom Bates also showed his support for the dispensary.

“I’m very, very disappointed that this has happened, and we’ll do anything we can to make sure they get back into business,” Bates said.

Councilmember Kriss Worthington said that the federal government was overstepping its boundaries, referencing the recent California Supreme Court ruling on City of Riverside v. Inland Empire Patients Health and Wellness Center. In the ruling, the court recognized the legality of medical cannabis dispensaries but allowed that local governments may ban dispensaries despite state law.

“Being a U.S. attorney doesn’t give you the right to change state law or city law,” Worthington said. “It’s so absurd. It’s a waste of time, and it’s threatening patient care.”

In the meantime, the dispensary will remain open, according to Henry Wykowski, attorney for Berkeley Patients Group.

“The only people that would benefit from the closing of Berkeley Patients Group are the gangs and cartels,” Wykowski said. “This action will cause them to prey on the patients who now have a clean, safe place to get their medicine.”

The federal government filed a similar lawsuit against a medical marijuana dispensary in Oakland last July. The city of Oakland filed a lawsuit in response, claiming that the federal government had overstepped its jurisdiction. A federal judge later dismissed the lawsuit, saying that only the dispensary and its landlords could contest the government’s seizure of property.

Wykowski said that they intend to file a claim in response to the lawsuit and will also present their case in court.

Contact Tara Hurley at thurley@dailycal.org.

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The poll, conducted by the Field Research Corporation, revealed that Californians support the legalization of marijuana by a margin of five to four, with nearly 54 percent in support.

“We (are trying) to bring the public opinion into the deliberation,” said Mark DiCamillo, director of the Field Poll, one of California’s leading public polls.

The survey was conducted among 834 registered voters of different ages, political affiliations, genders, marital statuses, ethnicities and geographic regions.

“The broad support for medical marijuana in California is nothing new,” said Kris Hermes, spokesperson for Americans for Safe Access, a group that promotes safe and legal access to cannabis. “In fact, there is even greater support amongst the country, upward of 80 percent.”

The Field Poll conducted a similar poll in 2010, which found that only 50 percent of voters favored the legalization of marijuana.

In the most recent poll, two new questions were added about medical marijuana dispensaries and the federal government’s crackdown on these businesses.

Support for the federal government’s crackdown on businesses trying to sell marijuana for medical purposes was only 27 percent.

“It’s heartening to have statistics that show that two-thirds of Californians believe that Obama’s crackdown on marijuana is wrong,” Hermes said.

Since the 1996 passage of Proposition 215, which legalized the possession or cultivation of marijuana for medical use when prescribed by a doctor, more voters have voiced their support for the law, according to the poll. Currently, support for Prop. 215 is at 72 percent, according to the Field Poll.

“Marijuana has been medicine for 5,000 years and has only been legal since 1967,” said Erik Miller, manager at Berkeley Patient’s Care Collective, a local cannabis dispensary. “The government should back off and leave sick people and their caregivers alone.”

Contact Tara Hurley at thurley@dailycal.org.

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As part of the declaration, the city ordered Perfect Plants Patient’s Group — also known as 3PG — to shut down due to complaints from community members and multiple violations of the Berkeley Municipal Code, including operating in a commercial zone and being located within 600 feet of Longfellow Middle School.

“I’m really disappointed that it took so long for the issue to be resolved,” said Councilmember Darryl Moore. “It was an illegal operation from the very beginning, but it took 14 months, and that is just way too long.”

3PG has been running its business for the past 14 months from its location at 2840-B Sacramento St. Members of the Sacramento Street Improvement Association, a group of concerned citizens, began organizing support to remove the cannabis business from the neighborhood in November 2011.

The association’s campaign in opposition to 3PG was inspired by neighbors who were concerned with street drug sales and crime that was associated with the business, said Ryan Kerian, chief officer of the association.

“Basically, we feel that any illegal activity is a magnet that attracts more crime,” Kerian said. “We want to do everything we can do to protect the neighborhood. It is a good neighborhood with good people, and we feel that 3PG operating illegally has the potential to attract additional illegal activities.”

Managing member of 3PG Eric Thomas repeatedly denied the accusation that crimes committed in the area were directly associated with the business and said his main qualms were regarding the city’s convoluted zoning definitions related to medical cannabis.

“What it boils down to is a wording of definitions that needs to be cleared up,” Thomas said. “Some of the definitions don’t clearly cover all of the needs for the cannabis collectives … So it makes it hard for somebody to try to be professional.”

3PG has spent around $10,000 in paying off fines to the city and in legal fees for lawyers, according to Thomas. If he were to ever consider opening another collective in Berkeley, Thomas said current city laws would need to be rewritten first.

Thomas owns another collective in Vallejo to which he is currently referring customers after closing his Berkeley location.
“We don’t know how to move forward,” Thomas said. “The definitions in place are very cloudy.”

Kerian said he will be skeptical of the enforcement of the city’s proclamation until 3PG’s property is entirely moved out of the building, as the city has not been strict in enforcing 3PG’s closure in the past.

“The sign is still up, the office is still occupied,” Kerian said. “We won’t believe they’re gone until they’re gone.”

Contact Gladys Rosario at grosario@dailycal.org.

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First and foremost, the FJSC Soe Group is currently attempting to evict Chris Smith and 40 Acres. We think this action is illegal, and the eviction is currently under appeal.

We maintain that some units at 1828 San Pablo Ave. have been registered with the city of Berkeley as residential units. In order to evict a tenant from a residential rent-controlled unit, the owner must show good cause for such eviction to the Berkeley Rent Stabilization Board. Chris Smith has lived in the San Pablo property for a number of years.

There would be no way for the FJSC Soe group to evict Chris Smith and 40 Acres MMGC from a residentially-controlled unit unless the eviction was supported by the Good Cause Ordinance.  Also, the Good Cause Ordinance does not allow the eviction of a tenant if the owner wishes to sell the property. The prospective purchaser has been in contact with the FJSC Soe Group to buy the building. The owners are in contract to sell the building.

On Jan. 25, City of Berkeley Code Enforcement Supervisor Gregory Daniels, Code Enforcement Officer Gerald Love and Assistant Planner Nathan Dahl performed an inspection of the premises, and found that the second floor of the building has 11 unlawful units and the building that is a commercial building with no residential units. The property also had violations relating to being a public nuisance, unpermitted construction of partition walls, unpermitted visible electrical wiring and unpermitted bathrooms and toilets aimed at Forty Acres for violating the current zoning ordinance. However, since 40 Acres existed prior to the Nov. 2010 amendments to the Berkeley Municipal Code, it was, and is currently, eligible to be recognized as a nonconforming use.
These remedies to correct the violation were offered to the Soes in a letter from the city dated Jan. 26.

Remedies A. Upon a finding of nuisance pursuant to this section, the Board or Council may impose any remedy available at law or in equity which shall include, but is not limited to, any of the following or combination thereof: enjoining the use in whole or in part; imposing reasonable conditions upon any continued operation of the use, including those uses which constitute existing nonconforming uses; requiring continued compliance with any conditions so imposed; requiring file user to guarantee that such conditions shall in all respects be complied with; and, upon a failure of the user to comply with any conditions so imposed, imposing additional conditions or enjoining the use in whole or in part.

The city threatened the property owners with a $500-a-day fine if they did not legalize the units by Feb. 15.  There has been no fine imposed upon the FJSC Soe Group that we know of.  After failing to evict Chris Smith and 40 Acres through the Berkeley Rent Stabilization Board, the FJSC Soe group filed eviction notices with the Alameda County Superior Court claiming all units at 1828 San Pablo Ave. to be commercial units and has since continued to attempt to evict Chris Smith.

The Soes were offered many options on how to rectify their violations with the city, however none of them actually consisted of evicting any tenants from their homes.  We believe they chose this route clearly in an effort to sell the property. Again, Chris Smith, the 40 Acres and other tenants are simply victims of what we believe is an attempted illegal eviction.  The current eviction is under appeal.  We appreciate your support.

Chris Smith is the co-founder of 40 Acres Medical Marijuana Growers’ Collective.

Contact the opinion desk at opinion@dailycal.org.

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The allegations residents made against Perfect Plants Patients’ Group, also known as 3PG, are serious. Recently, the city has been looking into whether the facility, located on Sacramento Street, is within a legal distance from Longfellow Middle School. In addition, residents claim  that other illicit activities are occurring nearby, such as alleged street sales and  underage youth smoking marijuana. City officials must determine the validity of these assertions as soon as possible.

Yet local bureaucracy seems to be inhibiting a timely resolution. The Berkeley Zoning Adjustments Board declared the business in violation of city code in September and then, earlier this month, recommended that the City Council terminate the business and investigate whether to declare it a public nuisance.

The local community has indicated that this has been a major concern to them for months, and it seems like action is moving too slowly.

Contention over the business’ operations stretches back far longer than the past few months, however. City staff first told the business in a letter last December that it was “dispensing medical marijuana in a non-residential zoning district,” which is illegal. The letter seems to be an attempt to address confusion over whether the establishment is operating as a collective or a dispensary — a distinction that comes with separate zoning regulations.

Now, the council has less than 60 days to conduct a hearing on the matter. It needs to use due diligence to determine whether claims voiced by local residents are accurate and then act accordingly. Residents need to feel that their city is listening to them.

It’s concerning that the issue has dragged on for nearly one year with few substantial results. The city must resolve the uncertainty and confusion surrounding Perfect Plants Patient’s Group.

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Due to a crackdown on medical marijuana initiated by the U.S. Department of Justice last year, many California dispensaries face the possibility of a raid. But now, Oakland is suing federal authorities, including Attorney General Eric Holder, due to “ongoing and threatened attempts” by the department to shut down a major dispensary, despite the fact that it operates in compliance with city and state regulations, according to the lawsuit.

The department’s actions place the state and federal governments at odds with each other, and the courts now have the opportunity to put the issue to rest. If Harborside Health Center, the dispensary named in the lawsuit, truly is in full compliance with California law, it must not be shut down. The court should side with Oakland and end the federal crackdown.

Furthermore, the crackdown reflects a discouraging broken promise from President Barack Obama. In 2008, then-candidate Obama said he would not be “using Justice Department resources to try to circumvent state laws” about medical marijuana. Yet four years later, that’s exactly what happened.

The crackdown also raises a concern about priorities. Is medical marijuana really something the Department of Justice needs to be meddling with, given the many other more serious drug-related offenses that occur? Many seriously ill people rely on medical marijuana — they should not live in fear of their dispensaries getting raided. Neither should the dispensaries themselves — like other businesses, they support the state economy and will be able to do so with more ease if fears of being raided are relieved.

This should be a nonissue, but if nothing else, the lawsuit will resonate with other cities and states suffering from the crackdown, proving that the medical marijuana industry will not be curtailed without a fight.

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The suit, filed on Oct. 10 in the U.S. District Court for the Northern District of California, could affect all dispensaries in California — including the three medical cannabis dispensaries in Berkeley — after a federal crackdown on cannabis dispensaries began last fall. The crackdown negates a promise by the Obama administration not to raid dispensaries in compliance with state law and guidelines.

Harborside Health Center, the largest medical marijuana dispensary in California, located at 1840 Embarcadero in Oakland, has embroiled itself in a lawsuit against the U.S. Department of Justice, which issued a memo in June 2011 stating it would enforce federal laws relating to medical cannabis regardless of state laws.

Berkeley Patients Group, the oldest and largest Berkeley dispensary, voluntarily closed last May after receiving letters from the U.S. Attorneys’ Office. The dispensary has plans to reopen, despite continued pressure from the federal government.

The Berkeley dispensary received letters earlier this year stating that it was in violation of a federal law mandating that dispensaries be located 1,000 feet away from schools and playgrounds — California’s minimum requirement is only 600 feet away.
Berkeley City Councilmember Jesse Arreguin said Berkeley’s situation is different from that of Oakland because Berkeley has not had any raids or forcible closures.

“We have not discussed (filing a suit), and I don’t think we would,” Arreguin said. “Unlike the situation in Oakland, the federal government has not shut down dispensaries in any raids here. Berkeley’s situation is different.”

However, Arreguin said he feels the council should support the lawsuit and file an amicus curiae — or a “friend of the court” — which would allow Berkeley to publicly show its support in the Oakland lawsuit.

“It’s unfortunate what happened in Oakland,” Arreguin said. “I hope it doesn’t happen in Berkeley, but we need to speak out about it. It’s a very tenuous time for patients and providers of medical cannabis because there’s a lot of uncertainty of what’s going to happen next.”

Though the chances of Oakland winning the lawsuit are slim, the suit could prove to be beneficial to dispensaries everywhere because the case shows the city of Oakland taking a stand, said Charlie Pappas, a member of the Berkeley’s Medical Cannabis Commission.

“It’s a real lawsuit, and most of the elected officials won’t even write a letter,” Pappas said. “A few have, but this is real action. It might not help dispensaries be more legal, but it might help them fight back more.”

Additionally, Kris Hermes, spokesperson for Americans for Safe Access, said Oakland’s lawsuit could relieve some pressure from Berkeley dispensaries.

“Currently, they are in fear that at any moment the federal government could threaten their landlords to evict them, as the Justice Department has done in literally hundreds of locations around the state,” Hermes said.

Though Berkeley Patients Group was the only dispensary to close in Berkeley, they did so voluntarily — unlike many dispensaries across the state that have been forcibly shut down or raided.

“It’s a practical fight as well as a symbolic fight,” Hermes said.

Contact Ally Rondoni at arondoni@dailycal.org.

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Recent attempts to close down many dispensaries, including Harborside Health Center in Oakland, where Jayden and 108,000 other patients seek respite, have threatened forfeiture and charges to owners and landlords who lease space to medical marijuana dispensaries. The legislation by Lee would stop the seizure of property from landlords of state-compliant medical marijuana businesses and not implicate property owners in the businesses of their tenants.

Over the years, medical marijuana dispensaries have provided a safe and professional service to hundreds of thousands of patients living with AIDS, cancer and other life-inhibiting conditions. Safe access is essential to guaranteeing responsible use of medical marijuana. It is irrational that anyone would oppose patients’ safe access to medical treatment. That’s why we were all shocked to witness the “paramilitary sting” to shut down a renowned facility such as Oaksterdam University earlier this year.

Oaksterdam University was a medical marijuana training school, founded in 2007, and offered classes in horticulture, business and legal application of running a dispensary. From the aggressive raid at the school in April, one would think law enforcers would confiscate thousands of pounds in marijuana. Instead, there were no reports of illegal possession or misuse. The school does not distribute marijuana for medical or recreational use, contrary to popular assumptions.

The shutdown of Oaksterdam revealed how beloved by the community the school was. For years, it trained caregivers with the necessary tools to aid seriously and terminally ill patients and to do it with dignity and sympathy. More than 100 people lost their jobs when the federal government shut down Oaksterdam.

These raids are also threatening the livelihoods of hundreds of trained professionals who own and work at medical marijuana dispensaries. The Blue Sky Dispensary in Oakland was a 15-year registered-permitted facility with a unionized workforce of trained professionals. It was forced to close due to the threats of federal forfeiture action. Those patients that relied on the safe access to care were left to fend for themselves, and dozens of employees lost their jobs and health care for their families.

In May, our very own Berkeley Patients Group became one of the largest casualties of the federal crackdown after threats of federal property seizure. Nearly 100 workers were let go, many of whom had been at the facility since its opening 12 years ago. These workers had good paying jobs with health care benefits and retirement security. BPG has since announced its relocation to San Pablo Avenue.

People who have dedicated their lives to treating patients with humane care are being attacked. But why we need H.R. 6335 to become law is for the Jaydens in our state.

Without safe access to medical marijuana, Jayden’s dad and other patients would be left to fend for themselves to seek treatment. Patients desperate for care would be forced to go back onto street corners and “underground” to seek medicinal care — and that only puts more lives in jeopardy. No one in America should succumb to these desperate acts to seek out care when it could be provided and guaranteed if Congress only passes H.R. 6335.

We urge the passage of H.R. 6335 immediately, and we applaud Lee for her continued commitment to safe and professional care for our communities not only in the 9th Congressional District but across the country.

Dan Rush is a resident of the 9th Congressional District and chair of the Berkeley Medical Cannabis Commission. He is also national director of the Medical Cannabis and Hemp Division at the United Food and Commercial Workers International Union.

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Jeff Capps is the lead multimedia protest producer.

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Several hundred people gathered on the steps of City Hall at 11:30 a.m. for the rally, which was sponsored by Americans for Safe Access and San Francisco United, a campaign aimed at encouraging city officials to protect access to medical cannabis. Many of the attendants were patients or business owners affected by the crackdown that began last fall.

Although medical marijuana was legalized in the state in 1996, the federal government has said that marijuana is still a federally controlled substance and therefore falls under federal regulation.

Several members of the San Francisco Board of Supervisors voiced their support for medical cannabis access in California to the crowd at Tuesday’s rally, while the San Francisco District Attorney George Gascon and state Assemblymember Tom Ammiano (D-San Francisco) sent along statements supporting safe access for patients.

“We’re here to send a clear message to the federal government that San Francisco marijuana programs are fully supported by the city government,” said Stephanie Tucker, one of the organizers for the event and a member of the Medical Cannabis Task Force that advises the board on medical cannabis issues.

Supervisor David Chiu told the crowd that he hopes growing support from the public and continued efforts within the medical marijuana community will eventually sway federal opinion.

“There are some confused attorneys in Washington who need to understand that we are standing on the right side of history on this issue,” Chiu said at the rally.

Protesters marched down the street to the federal building on Golden Gate Avenue where U.S. Attorney Melinda Haag’s office is located. Haag’s involvement with the federal crackdown has resulted in several San Francisco dispensaries closing their doors under threat of legal action.

Charles Pappas — a member of Berkeley’s Medical Cannabis Commission and the owner of a San Francisco dispensary which was forced to close last fall — spoke about his frustration with the Department of Justice’s actions against medical cannabis businesses.

“I’ve written five letters to Obama, three or four to (U.S. Attorney General) Eric Holder and five to the governor,” said Pappas, who added that he also sent Haag 50 testimonials in support of medical cannabis when she met with Ammiano in December.

The U.S. Drug Enforcement Administration raided Oaksterdam University in Oakland Monday afternoon, reportedly as part of a criminal investigation. While Oaksterdam has been allowed to remain open, marijuana advocates say this is just the latest in a series of intimidation efforts by the federal authorities.

Adelyn Baxter is the lead city government reporter.

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