Ca. - The smell of chocolate once wafted from it but soon, there will be another distinctive odor coming from 914 Heinz Ave. in Berkeley.

The Berkeley City Counil on Monday night gave the okay for a medical marijuana dispensary to move into a building that was once the home of Scharffen Berger chocolates.

The Berkeley Patients Group has been trying for five years to find a place to settle. But the green light isn't sitting well with the building's developer and a nearby private school.

A lawyer for the Wareham Development company, which owns the building, is against the dispensary because it believes it will bring unwanted business to the area.

Officials from nearby private school Ecole Bilingue de Berkeley also object because it is just a block away from the building. The measure that allows for medical marijuana dispensaries in the city bans them from being 1,000 feet from public schools but does not mention private schools, according to the paper.

"Everyone in Berkeley says they believe in medical marijuana," Debby Goldsberry, attorney for Berkeley Patients Group told the Oakland Tribune, "but not in their neighborhood."

Berkeley Mayor Tom Bates is certain all sides can come to agreement on the issue. The President of the Berkeley Chamber of Commerce is also optimistic the city can agree on a solution.

"Berkeley Patients Group and Wareham Development are both good corporate citizens and they're good members of the chamber," Berson told the paper. "I think we can work something out."

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