Alameda County: Pot dispensary closer to county approval

Article Last Updated: 1/11/2006 03:08 AM
Pot dispensary closer to county approval
But supervisors' ruling likely spells end for another club
By Karen Holzmeister, STAFF WRITER
Inside Bay Area
OAKLAND — Amid cheers and tears, one of two Ashland medical marijuana clinics Tuesday passed a hurdle in its effort to continue operating while the other inched closer to closure.

The Alameda County Resource Center successfully persuaded Alameda County supervisors that an Alcoholics Anonymous meeting hall next to its East 14th Street sales outlet does not qualify as a drug recovery facility.

But supervisors turned down The Health Center's appeal to continue its operations just down the block from the Resource Center.

Pending legal appeals, the Sheriff's Department plans to notify The Health Center's operators that it must close, perhaps in as few as 30 days.

The Sheriff's Department and a county administrative panel had previously denied both applications for county operating permits because they conflicted with the county's medical marijuana ordinance.

The ordinance states that no dispensary may be closer than 1,000 feet to a school, public park, playground, drug recovery facility or recreation center.

The Health Center is 359 feet, 10 inches from a private school and 965 feet, 7 inches from Edendale Middle School, both on Ashland Avenue.

But the Resource Center's proximity to the AA hall became moot with Tuesday's ruling.

Paul Baerwald, the Resource Center's manager, was quietly jubilant after the 90-minute meeting as supporters and patrons hugged him and shook hands outside the supervisors' chambers.

"I'm really grateful the board of supervisors has a better understanding of what drug rehabilitation facilities are," Baerwald said. "Before, two people could form an AA group and then shut us (a medical marijuana dispensary) down. Now they cannot."

Jack Norton, who operates The Health Center, was in tears after a dozen customers, employees and his security firm pleaded with supervisors to keep the business open.

Nancy Olsen, 42, said she lives within three miles of six marijuana sales outlets, and The Health Center has been the most accommodating in terms of safety and service.

Norton said he and his attorney, William Panzer, will decide later this week whether to file a legal appeal.

County supervisors plan to reduce the six cannabis clubs now operating in the greater Hayward area's unincorporated communities to three businesses only, each operating in a distinct geographical area.

Now, the Alameda County Resource Center has joined We Are Hemp, the Garden of Eden and Compassionate Collective of Alameda County in receiving tentative approval for their applications. The Health Center is out of the running, and A Natural Source, on Foothill Boulevard in east Ashland, has appealed its initial application denial.

We Are Hemp, on Lewelling Boulevard, appears to be a shoo-in for the permit covering San Lorenzo and western Cherryland.

The resource center, Compassionate Collective and Garden of Eden likely will compete for the permit covering the remainder of Cherryland and most of Ashland.

If A Natural Source isn't successful in getting the permit covering eastern Ashland and Castro Valley, the county likely would seek new applications for those areas. Norton already has a letter of intent to rent commercial space at an undisclosed Castro Valley location, should he obtain one of the prized permits.

Supervisors Keith Carson, Scott Haggerty, Alice Lai-Bitker and Nate Miley voted unanimously on both applications. Supervisor Gail Steele was absent.