Public Hearing for Medical Marijuana Club Postponed

Jacob Bell

New Member
Newark, CA--The public hearing to consider a conditional use permit for the medical cannabis dispensary that was raided in late June has been postponed, according to city officials.

Owners of the NBD Cannabis Collective have requested to push the hearing to an indefinite date for the time being, said Terrence Grindall, community development director of the City of Newark.

Their request comes after the unlicensed dispensary located at 7180 Thornton Ave. was raided on June 28 by state and local law enforcement officials as part of a multi-county sweep.

No formal charges have been filed against the owners, Bob Uwanich, 39, of Fremont and Teddy Miller, 47, of Salinas. They were originally scheduled to face arraignment on June 30, but that was canceled when no charges were filed.

Miller and Uwanawich were arrested on suspicion of possession for sale of marijuana and sales of marijuana. Their attorney, Kirk W. Elliott of Roberts & Elliott, LLP, has said that "NBD has done nothing unlawful."

Elliot said neither he nor the owners have received further notice from the courts. Attempts to reach Uwanawich and Miller have been unsuccessful.

Grindall said Thursday the City of Newark and NBD Cannabis have clashed since 2009 when NBD representatives asked city officials if they were permitted to operate a medical marijuana cooperative and were told no.

"We told them that our city code did not allow it, but (informed them of the) method in which they could apply if they wanted to," Grindall said.

Still, NBD opened up for business. Grindall said city officials told NBD representative that city staff would likely not be supportive of a cannabis collective.

"Never got a business license, never got a permit for their operation, (they) just operated illegally," Grindall said.

The dispute ended up in the courts, where the case was ultimately dismissed. Grindall said the judge asked that the owners of NBD formally apply for approval to operate within the city because it was not enough to act on the assumption that their application would be rejected.

All businesses and non-profit organizations in Newark must have a business license to operate legally within city limits, and it's quite uncommon for businesses to operate without one, Grindall said.

If the site does not allow for a particular use, the business or organization is asked to apply for a conditional use permit, he added.

The closure of the collective has had an impact on many local residents, as it is the only medical marijuana dispensary in the Tri-City.

Dolores Torres, 29, has used medical marijuana as treatment for two health issues she faces: a joint disorder and anxiety. She has picked up medication from NBD Cannabis Collective for the past nine months.

"It was definitely my main spot," said Torres. She said there are a few dispensaries in the Hayward area but that normally she would go as far north as Oakland or as far south as San Jose to pick up medication.

Torres said medical marijuana has allowed her to reduce and in some cases even eliminate more traditional medications for her disorders.

"It's good because I didn't want to be piled up on different medications. Marijuana has let me cut out medications that are more dangerous," she said.

The collective, she said, operates much like other dispensaries she has visited. Security guards match patients' medical cards to their identification cards, and once inside, employees check each patient into their computer system.

Then patients are enter the area in which the cannabis, in various forms, is stored.

Many other patients of NBD Cannabis have also been vocal about not having a closer location to fill their prescriptions, expressing their support on NBD's Facebook Page.

NBD Cannabis Collective has remained closed since it was raided. There is no word on when it will reopen, but Elliot has stated that the owners do intend to re-open NBD.

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News Hawk- Jacob Ebel 420 MAGAZINE
Source: newark.patch.com
Author: Nika Megino
Contact: Contact Us
Copyright: Patch
Website: Public Hearing for Medical Marijuana Club Postponed
 
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