Council Says No To Marijuana Clubs in Newark

Pot clubs have officially been banned in Newark.

In a unanimous vote, the five-member city council passed an emergency ordinance that prohibits the establishment and operation of medical marijuana dispensaries within city limits.

Residents both for and against the clubs spoke at the meeting, with patients urging the council to consider allowing pot clubs to stay open and residents saying they don't want them in their town.

Newark resident Alfonzo Zapata told the council he has been living with degenerative arthritis since childhood.

“This is the only substance besides another pill, and I take 15 of them right now, that helps me with my disease,” Zapata said. “I, for one, am disappointed that you are attacking a dispensary that has been more available to me in regards to security [and accessibility].”

But long-time residents and owners of nearby businesses expressed their support for the ordinance.

Veronica Reyes is a Newark resident, mother of a 9-year-old and daughter of the owners of businesses that surround , a medical marijuana dispensary that opened in Newark in 2009.

“Do I want to raise a child in a place where there is an illegal dispensary? No.” Reyes said. “Bottom line: What is the right thing for a parent to do? I don’t want to raise a child in a city [with a dispensary] and I don’t want to move.”

The council’s decision comes after two years of conflict between the City of Newark and NBD Cannabis Collective, which opened at 7180 Thornton Ave. without a business license.

Also on Thursday, the council upheld the city Planning Commission’s denial of a conditional use permit for NBD.

Since March 2010, NBD has been involved in civil and criminal disputes with the city. In the current criminal case, five associates of the pot club – including its two owners – are facing , ranging from drug-related violations to tax evasion.

The defendants are scheduled to return to court on Nov. 18 to enter a plea and set a trial date.

Attorneys from Roberts & Elliott LLC, the firm representing NBD, have maintained that the dispensary has not been operating illegally and is a non-profit collective.

The council also rejected an appeal to City Manager John Becker’s decision not to grant a business permit to Alpha Rising, Inc., an entity associated with Happy Wellness Center, a pot club at 7200 Jarvis Ave. that opened Aug. 31, despite the dispensary’s representatives’ request the city not take an all-or-nothing approach based on its experiences with NBD.

Alpha Rising, Inc.'s business permit was initially denied on Aug. 17.

“Why can’t we have something that is simple and effective where we can come together,” said Justin Hammer, co-founder of Happy Wellness Center. “This place is going to be transparent. We want [police ]there. If we have criminals there, come get them. I’m so saddened that this is the angle [that it’s] this way or this way…because of other things that have happened.”

Council candidates spoke briefly about their decision, noting that allowing medical marijuana dispensaries goes against federal law.

“This is a tough decision. What I heard tonight isn’t different from what I’ve heard [from the community in the past]. This is about local control,” said council member Ana Apodaca.

Council member Alberto Huezo added, “As someone who could’ve probably benefited from the medical use of marijuana, I certainly emphasize with (the) likes of Mr. Zapata out there, but I just don’t want [medical marijuana ]being served out of a storefront…I want medical professionals to provide that.”

Earlier this month, , particularly dispensaries near schools and parks.

Both NBD and Happy Wellness Center are within 1 mile of elementary schools and are near city parks.

"Large commercial operations cloak their money-making activities in the guise of helping sick people when they are in fact helping themselves."  U.S. Attorney Benjamin Wagner of Sacramento has said. "Our interest is in enforcing federal criminal law, not prosecuting seriously ill sick people and those who are caring for them."