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UPDATE: Charges To Be Filed Against Cannabis Club Owners

Residents have been waiting for the re-opening of NBD Cannabis Collective. Authorities said charges will be filed against the club's owners.

A brightly lit "open" sign is now displayed in the window of a controversial Newark cannabis club — against the city's wishes and in the midst of an ongoing criminal investigation.

, shut down after , appeared to have reopened as of Thursday afternoon.

Charges against the two club owners of the club and several co-defendents are pending at the Alameda County District Attorney's Office, said Deputy District Attorney Teresa Drendick on Thursday morning.

Owners Teddy Miller of Salinas and Bob Uwanawich of Fremont were originally arrested on suspicion of possession of marijuana for sale and sales of marijuana, according to Special Agent Michelle Gregory with the state Department of Justice.

Miller, 47, and Uwanawich, 39, were freed after posting bail but are trying to get back money seized in the raid, according to Roberts and Elliot, LLP, the attorneys representing the pair.

A total of $61,573 from four bank accounts was confiscated during the raid. Officers found $30,000 in cash, 20 pounds of processed marijuana and a shotgun during the raid, authorities said.

Last week, attorneys said the owners are demanding . (Click the link to read more.)

Officials are still investigating whether NBD, which opened in 2009, was generating a profit from the club, a representative from the State of California Franchise Tax Board said Wednesday morning.

Attorneys for the collective said it does not require a business license to operate, due to its non-profit status.

According to city code, "Charitable and Nonprofit Organizations" are exempt from being required to have a business license in order to operate within city limits. The city code states that " 'Business' means professions, trades, and occupations and all and every kind of calling whether or not carried on for profit."

However, city officials argue that NBD never had authorization to operate in Newark because the city does not allow medical marijuana dispensaries.

The club's reopening would be a repeat violation of city code, said Terrence Grindall, community development director for the City of Newark.

“Our zoning requires all uses be legal in both state and federal law,” Grindall said Wednesday morning. “They know that. They came and talked to us before they opened. We told them it wasn’t allowed and they did it anyway.”

“They’ve been rogue,” Grindall said.

The collective's opening plans come after at least two postponements. The reason for the delay is unknown. Attempts to reach the owners have been unsuccessful.

Attorney Kirk W. Elliot said his clients are more than willing to work with the City of Newark.

A public hearing to consider a conditional use permit for NBD, which was originally scheduled for July 12, has been postponed.

According to the collective's Facebook page, regular hours are 11 a.m. to 8 p.m. Mondays through Saturdays and 11 a.m. to 5 p.m. on Sundays.

Editor's Note: This report was updated 3 p.m. Thursday to reflect an update on the pending charges against the owners of NBD Cannabis Collective.

Newark Patch Editor Nika Megino contributed to this report.

Thomas Clarke August 11, 2011 at 02:27 PM
Was the cash, shotgun and product returned after the non-filing of charges? Seems only right that it should been if the city of Newark is afraid to prosecute and stand up for what they believe is right. It is a tragedy for taxpayers that our public safety leaders and officers are incapable of dealing with this sort of issue. The next elections give all a chance to express their point of view. You either want the cops and courts spending their time and our money on this stuff or you do not. In any event the stolen property should be returned to the folks running the collective.
Nika Megino (Editor) August 11, 2011 at 02:51 PM
The state Department of Justice representative I spoke with said that the earnings of the owners is still under investigation and nothing has been returned, http://patch.com/A-kH78. I'll add that link to the story, too.
James August 11, 2011 at 07:40 PM
I gotta say that NBD are hardcore challenging the City of Newark and it's Police. I gather the Justice Department and Police were sending a clear message when they stormed the Collective and now that Open Defiance has been implied, this should make for some Interesting Fireworks! No doubt, NBD Clients will shed a smile each time NPD Drives past
Tim August 11, 2011 at 11:49 PM
Yes but what can NPD do about it? If the feds don't want to get involved there's not much the local police or DA can do so long as they are in compliance with state and local laws. With regards to marijuana in general the Obama DOJ hasn't taken much interest in these matters. Of the city wants them out they should use their zoning powers to do it. And it would seem to me their questionable accounting practices would make it difficult to show they are operating as a legal non profit exempt from requiring a business license. The city can flex its own muscle without needing the us attorney to get them on federal drug charges.
Mona Taplin August 12, 2011 at 12:54 AM
To be a legally exempt non profit orgainzation they are required to have filed and been approved by the state of CA. The police can do little if anything at all until or unless a warrant is issued. It appears that the city ordinance does require them to be in compliance with all laws, -local,state and federal. If they are not, then the city can and should see to it that the business is closed. There would be no need to call in the feds.
Shimadog August 13, 2011 at 05:34 PM
Don't you just love the new dayglow green "Newark Marijauna Initative" banner on their window next to a laundramat? Do these morons really believe they can antagonize the law and win? See ya behind bars Teddy and Bob.
Brash Brazen August 15, 2011 at 05:00 PM
California voters approved medicinal cannabis use 15 years ago.The city of Newark has had more than ample time to to implement a process that allows patients with the proper doctor's recommendation to acquire their medication here.Where do our politicians get the idea that they can usurp state laws they disagree with ? Oakland's elected officials set up rules & regulations to deal with this issue & have 6 collectives.San Jose buried it's head in the ground (like Newark) & now has over 100 unregulated collectives & will waste tens of thousands of dollars trying to close them now ! Why would Newark deny access to legal medication to it's citizen's,forcing them to travel great distances to relieve their pain ? Collectives provide a vital service (not to mention a great deal of sales tax revenue) to our community. 46% of Californians voted to legalize the recreational use of marijuana in 2010 & there will be at least to more initiatives on the 2012 ballot.Marijuana got more votes than Meg Whitman ! It's time our city council finally takes on a controversial issue while they still can,there is a second collective opening over on Jarvis this week.
Mona Taplin August 15, 2011 at 06:03 PM
Because it is against Federal Laws and federal laws prevail. I applaud Newark leaders for having the courage to fight against it being sold here. Like so many other things, medical use is so abused that it is laughable, and it's that abuse that hurts those few who need it. I am 100% in favor of those who truly need it to be able to purchase it with a prescription in the drug store just like every other prescription. But when you see sizeable groups of people come together to medicate their nausea or pain with a pot party, there's more than a little something wrong with their need for marijuana. I hope if there is a second collective opening on Jarvis that it is closed down the minute it sells to it's first customer.
Brash Brazen August 15, 2011 at 08:20 PM
Fortunately the opinion of one octegenarian (and face it Mona,you share your opinion on every conceivable issue whether it concerns you or not) doesn't represent Newark seniors.The Feds have been blocking legitimate research on medical marijuana for decades & the war on drugs has been an abysmal failure after billions spent & hundreds of thousands jailed.Many of your friends & neighbors (statistically speaking) surely enjoy the benefits of this "miracle plant" on a daily basis,though they wouldn't share this info with you because of your intolerance.Our last three Presidents have all used marijuana & millions of Americans partake every week. Light(en) up !!!
Mona Taplin August 15, 2011 at 08:39 PM
I don't pretend to speak for all seniors,- I speak only for myself. You might think that octogenarians aren't allowed to be concerned about what's going on around us, and I'm sure that many other young people feel the same way about it, so remember that when you get to be my age. Just sit back and don't care about anyone or anything if that will make you happy. I am very well aware that neighbors partake of that so called "miracle drug". The stench is enough to point it out very clearly. And I am very well aware that a lot of my younger and not so younger neighbors are wishing for legalization of marijuana, just as there are lots who don't. But I'll tell you what. I'll leave the Patch to you brilliant know it all younger people from now on, but i won't stop caring about the children in this city and the state of the schools, nor City affairs.
Nadja Adolf September 06, 2011 at 02:09 AM
Mona, don't listen to him. He is trying to silence anyone who doesn't agree with him. It would be a terrible loss to the community if you stopped being involved; and a loss to all of us if you quit sharing your views. Notice he doesn't disagree; he goes for personal attacks and hates everyone. He throws mud at anyone who doesn't share his opinions, and hopes it sticks. He is manipulative, and a coward - notice he uses an alias instead of his real name. You shouldn't care what an abusive, lying weasel thinks!
Mona Taplin September 06, 2011 at 05:19 AM
Nadja, I'm not so sure that we are taling about a '"him". The attacks this person makes on a few of us sounds more like a vinctive woman with a personal axe to grind.I'm not really concerned about what he or she has to say about me, especially the senseless tirade spouted in this forum. I was going to just stop writing my opinions, but then I changed my mind. I am strongly against abusive use of drugs including marijuana and alcohol. We are a part of the U.S. and should be following the federal laws, and attempting to change those on a federal basis that we don't like. Illegal immigration for instance. I think it's abundantly clear that if our borders had been closed our drug and crime problems would not have grown as fast and furiously as they have. I'm not saying that's the only reason for the problems, but without a doubt it has added significantly to them in my opinion. Thank you for the compliment. I feel exactly the same about you. We differ on a lot of subjects, but on many important issues we are in total agreement.

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