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The Oakland City Council is poised to crack down on some
of the nearly dozen medical marijuana clubs that have
quietly cropped up in a small area north of City Hall.
The council's public safety committee is considering
restricting -- or even shutting -- some of the clubs. On
Tuesday night, committee members rejected a proposal to
close all but one of the pot clubs, delaying the issue
for a month for further study.
Some members expressed concern about the
concentration of clubs in an area downtown that has been
dubbed "Oaksterdam" after pot-tolerant
Amsterdam.
"I'm not
comfortable with one but I'm not comfortable with an
unlimited number, and I'm not comfortable with the
concentration," said Councilwoman Jean Quan.
"We have a right as a city to regulate them."
But medical marijuana patients and their advocates
who packed a City Hall hearing room argued that limiting
the number of clubs to one could be a death sentence.
"You're inviting the federal government to come
in and shut you down," said medical cannabis
supporter Chris Conrad. "You run the risk of
setting up a club that will be wiped out and patients
will be back on the street."
That's what happened in 1998 when Oakland designated
the Oakland Cannabis Buyers' Cooperative to run the
city's medical pot distribution program. Within two
months, the federal government issued an injunction
barring the group from dispensing pot.
Since then, other clubs have stepped in to fill the
void, rapidly proliferating in the past two years.
City officials admit they were unaware that so many
pot clubs, a number of which appear from the street to
be simply cafes or coffee shops, had opened, primarily
along a two-block stretch of Broadway and Telegraph
Avenue near the 19th Street BART station.
While just two weeks ago the city had put the number
at eight, officials now believe there are 11.
Larry Carroll, the city's administrative hearing
officer, said he just received a flyer on his car for
the newest club, offering a $10 discount on a $100
purchase -- despite the fact that medical marijuana
users are required to have a doctor's recommendation and
a city-issued ID card.
City Council President Ignacio De La Fuente, who
backs the proposal to close all but one club, said all
the current clubs violate a 1998 city law that says a
medical marijuana provider must be approved by the city,
as the Oakland Cannabis Buyers' Cooperative was.
The law also contains numerous requirements including
security, insurance, limits on hours and the amount of
marijuana that can be bought, and a ban on smoking pot
on site.
De La Fuente contends that at least half of the clubs
are selling pot for recreational use.
The council is expected to discuss the issue in
closed session Tuesday. It could be referred to a
working group of city staff and medical marijuana
advocates before returning to the public safety
committee Oct. 28.
Mayor Jerry Brown, who has targeted the area for
development of housing and a retail and entertainment
district, also believes the number of clubs should be
cut.
"I think there ought to be careful control of
this extraordinary remedy," said Brown, who did not
attend the meeting. He added that it is harder to open a
bar downtown than it is a pot club.
Some supporters, however, said the concentration
provides patients choice and competitive pricing,
likening it to Oakland's Auto Row on Broadway.
Owners of the clubs did not address the council,
saying they feared inviting federal scrutiny.
Pot club neighbors are divided over whether the
activity has hurt or helped the area.
A youth organization that works with at-risk gay
youth has asked the city to move it from the area.
"It has become unsafe for us to be there. We
have two cannabis clubs we are sandwiched between and I
smell marijuana seeping through the walls," said
Tiffany Lacsado, 24, of the Sexual Minority Alliance of
Alameda County.
But Mario Pacetti, owner of the Fat Cat Cafe -- which
is not a pot club -- said the clubs have made a
once-desolate area cleaner and more vibrant.
"I'm fearful my business and other businesses
will struggle or fold" if the clubs are shut, he
said.
E-mail Janine DeFao at jdefao@sfchronicle.com.
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