CA: Oakland Pot Nursery May Be Moving On

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If cannabis growers in Northern California – and beyond – want consistent, high-performance yields with the finest genetic pedigree, theres really only one place to go: Oakland.

Dark Heart Nursery has been cultivating cannabis clones, the starter plants and strains with names like Girl Scout Cookies, Tahoe OG and Gorilla Glue #4, since 2007.

But soon, Dark Hearts clientele may be shopping outside of Oakland.

If the Oakland City Council continues dragging its heels on establishing a pot permit system, Dark Heart may take its wildly popular clones to a nearby city – taking the tax revenue and jobs with it.

Its absurd that Oakland, which became the first city in the U.S. to issue a permit for a medical cannabis dispensary in 2004, is losing its lead as a cannabis trendsetter. If it cant get its act together, other cities in the region will step into the role.

The contention stems from the dubious pot laws the council unanimously passed in May. The laws include a program, sponsored by Councilwoman Desley Brooks, that sets aside half of Oaklands pot permits for people who satisfy certain criteria: They must have had a past marijuana conviction or have lived for at least two years in an East Oakland neighborhood with high marijuana arrests in 2013. The idea is to ensure that the industry does not leave behind black and brown people penalized for marijuana offenses during the War on Drugs.

While equity is an essential component, the laws have to be recrafted so they arent restrictive. Several council members agree, but Brooks and her allies, council members Larry Reid and Noel Gallo, have shrewdly delayed the process. At a special meeting on Nov. 14, the council voted 4-3 to direct the city administrator to write laws and revise the equity permit program. It shouldnt have taken four hours of debate to do the obvious.

Can the council move any slower? Ill answer that with another question: Is Thanksgiving next week? The council also requested an analysis by the citys Department of Race and Equity. So maybe theyll get around to voting in January.

There was some good news at the meeting: The council ditched outlandish proposals to require businesses to give 25 percent of their profits to the city and fine retailers $10,000 a day for every day they operate without a permit.

But until the council reaches a resolution – something that, if the current course is any indication, might not happen until the spring – the city cant begin the application process for permits. And that has businesses like Dark Heart concerned, because state law requires that cannabis businesses have a city permit and state license by January 2018.

If they dont have both, theyll have to shut down. Or they can find security in a city that knows what its doing.

Now the heat is on for Oakland to act, but turkeys slow-roasted overnight keep a better pace than this council. And, remarkably, Brooks isnt worried about the potential loss of revenue.

Theres no rush, Brooks said before public comments. Ive heard that businesses are going to move out of Oakland, and yet I havent heard of a single business that closed as a result of this conversation.

Was she listening when William Roberts, a Dark Heart lab manager, told the council during public statements that the equity permit program in its current form would create an impossible situation for us?

And what about businesses, like Solidarity Nursery Cooperative, that are giving up on opening in Oakland?

Frankly, were afraid the city is going to change the rules once we get started, Matt Witemyre, the co-owner of what will be a seed library and storefront nursery, told me. You cant have a business model where you dont even know if youll be able to get a permit.

Witemyre is contemplating Berkeley and San Francisco for his business.

Still, James Anthony, an Oakland lawyer and marijuana compliance expert, is confident the council will get it right. But he said hes helping businesses explore options outside of Oakland.

Theyre shopping around for jurisdiction, Anthony said of his clients. If I wasnt giving them other jurisdictions to look at, I wouldnt be doing my job.

Heres why Brooks isnt in a rush: The longer she can cause the council to dawdle, the more likely it is the original ordinance – with her equity program – will remain.

Its clear to me that theyre trying to run the clock out, Witemyre said.

If Brooks wins, Oakland loses.

News Moderator: Katelyn Baker
Full Article: Oakland Pot Nursery May Be Moving On
Author: Otis R. Taylor Jr.
Contact: San Francisco Chronicle
Photo Credit: James Tensuan
Website: San Francisco Chronicle