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Berkeley Patients Group

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For other uses, see BPG.
Berkeley Patients Group
Company typePrivate
IndustryMedical cannabis, advocacy
Founded1999; 25 years ago (1999)
Headquarters2366 San Pablo Avenue, Berkeley, California, U.S.
Websitemybpg.com

The Berkeley Patients Group (BPG) is the oldest continuously operating cannabis dispensary in the United States, inaugurated in 1999 in Berkeley, California.[1] BPG has been known not only for cannabis dispensation, but also for its involvement in advocacy campaigns for cannabis policy reforms and the rights of patients using marijuana for medical purposes,[2] and for its involvement with the scientific community.

The BPG has been praised by successive Mayors of Berkeley Tom Bates[3] and Jesse Arreguín[4] and described as "embraced by local officials as a model business that donates to the poor and pays millions in taxes."[5] In the City of Berkeley, the October 31 has been declared the "Berkeley Patients Group Day."[6][7]

History

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In 1996, voters in the State of California passed proposition 215, "allowing ill Californians to use cannabis for medical purposes with a doctor's recommendation. But Proposition 215 produced an immediate backlash with regard to implementation"[8] leading to a slow roll-out of a system effectively allowing patients to access cannabis, and years of legal uncertainty.

Initially, AIDS patient Jim McClelland (known for coining the name Oaksterdam) had worked at the Oakland Cannabis Buyers Club.[9] After its closure in October 1998,[10] McClelland joined forces with Debby Goldsberry[11] and Don Duncan[12] to open a similar cannabis dispensary in Berkeley.[13] On 31 October 1999, the group obtained a miscellaneous retail sales permit from authorities and opened on 5th Street in Berkeley,[14] a city where "officials were more responsive to activists and aware of the importance of medical marijuana provision to their constituents."[15]

McClelland died in 2001, and Duncan left BPG in 2004.[16] Debby Goldsberry continued to operate the BPG with Etienne Fontan and others.

Timeline of BPG's operators and location
Dates Operators Location
1999-2000 Jim McClelland, Debby Goldsberry, Don Duncan 5th Street
2000-2001 2747 San Pablo Ave.
2001-2004 Debby Goldsberry, Don Duncan
2004-2008 Debby Goldsberry, Etienne Fontan
2008-2010 Debby Goldsberry, Etienne Fontan, Tim Schick
2010-2012 Etienne Fontan, Tim Schick
2012-2012 No facility; Delivery
2012-2023 2366 San Pablo Ave.

The group aimed to "create a safe place where underserved patients can acquire high-quality medicine in a welcoming, community-centric environment",[14] but legislation at the time did not allow proper business operations or legal certainty for medical cannabis dispensation. On 4 November 2008, after years of advocacy for it by the three dispansaries operating at the time,[13][15] voters finally approved the citizen-initiative "Measure JJ" in the City of Berkeley which, among other provisions:

Permitted medical marijuana dispensaries "as a matter of right" under the zoning ordinance rather than through a use permit subject to a public hearing.[17]

The measure allowed the BPG to obtain a business license in 2009[13] and to operate as a certified B Corporation.[18] Following the 2016 approval of Adult Use of Marijuana Act (California Proposition 64), the BPG opened its sales to non-patients in January 2018, being the first dispensary in the Bay area to obtain temporary permit.[4]

Prosecutions

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During its decades of operations under a changing State and federal legislation, the BPG was subject to a number of raids and criminal prosecutions, some of which were publicized in the media. For instance, in 2007, during an episode of wave of letters to dispensaries' landlords,[19] the BPG has their assets seized.[20] In 2012, during a coordinated crackdown on California's dispensaries announced by district chief prosecutors, the BPG was forcefully evicted[21] on the grounds that it was located 984 feet away from the French school Ecole Bilingue de Berkeley, Proposition 215 establishing a minimum of 1000 feet.[3]

Federal prosecutions forced BPG into changes of location and of organizational practices. Initially based during a few months on 5th Street, the city forced BPG to move to 2747 San Pablo Avenue in 2000, in the commercial districts of the city. That location allowed on-site consumption, until the 2012 eviction. The BPG operated via delivery for some months, before reopening down the street at 2366 San Pablo Avenue, where BPG remained as of 2023.[22] Federal prosecution also attempted to evict BPG from its new location on similar grounds as in 2012, threats that only extinguished in 2014 when the Rohrabacher–Farr amendment was approved by Congress.[7]

Activities

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Dispensation of cannabis

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Activism

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Since its inception the group had to engage in advocacy to defend the legality of their activities.[13] Jim McClelland was an activist close to the Cannabis Action Network, and after his death, Duncan and Goldsberry "used the dispensary as a platform for activism, mobilizing patients, and working to insure a favorable political climate for dispensaries in Berkeley."[9]

The BPG has been known for providing cannabis free of charge for patients unable to pay.[23][24]

BPG members like Debby Goldsberry were also involved in organizing some of the first "420 events" on 20 April in Berkeley.[25] Duncan was involved in the creation of Americans for Safe Access.

Etienne Fontan has been involved in advocacy at federal level with the National Cannabis Industry Association and the Veterans Action Council. In recent years, Fontan has also been involved with Michael Krawitz[26] and the NGOs ENCOD, FAAAT, and Fields of Green for All at the United Nations, sharing the history and experience of the BPG in conferences[27] and statements.[28]

Participation in scientific research

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In 2009, 350 patients from the BPG participated in a study on "Cannabis as a substitute for alcohol and other drugs."[29]

See also

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References

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  1. ^ "Berkeley Patients Group, Nation's Oldest Dispensary, Celebrates 20 Years with $1MM for Good Campaign". www.businesswire.com. 2019-09-11. Retrieved 2023-12-16.
  2. ^ Yoon-Hendricks, Alexandra (2018). "First sales of recreational marijuana in Berkeley usher in 'whole new era'". UWIRE Text. Gale Academic OneFile.
  3. ^ a b Brooks, Jon (2012-03-15). "Interview: Mayor Tom Bates Laments Closing of Berkeley Patients Group Marijuana Dispensary". KQED. Retrieved 2023-12-17.
  4. ^ a b "Berkeley Mayor Celebrates the First Day of Adult Use Cannabis Sales at Nation's Longest Running Dispensary". www.businesswire.com. 2018-01-01. Retrieved 2023-12-17.
  5. ^ Montgomery, Michael; Downs, David (2012-03-15). "Pot Dispensary Berkeley Patients Group to Close, Looking to Relocate". KQED. Retrieved 2023-12-17.
  6. ^ Downs, David (2014). "Berkeley Declares Today "Berkeley Patients Group Day"". East Bay Express.
  7. ^ a b "Berkeley Patients Group Wins in Federal Court". Freedom Leaf. 2015-02-09. Retrieved 2023-12-17.
  8. ^ Pertwee, Roger G. (2014). Handbook of Cannabis. Oxford University Press. p. 343. ISBN 978-0-19-966268-5.
  9. ^ a b Heddleston, Thomas R. (2012). "From The Frontlines To The Bottom Line: Medical Marijuana The War On Drugs And The Drug Policy Reform Movement" A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of philosophy in sociology (PDF). University of California Santa Cruz. p. 273.
  10. ^ Curtius, Mary (1998-10-20). "Oakland Cannabis Club Closes After Appeal Is Denied". Los Angeles Times. Retrieved 2023-12-17.
  11. ^ "The 100 Most Influential People in Cannabis". High Times. 2018-05-21. Retrieved 2023-12-16.
  12. ^ Scharfenberg, David (2002). "Pot club closes following robbery". The Berkeley Daily Planet. Retrieved 2023-12-17.
  13. ^ a b c d Schiller, Melissa; Fontan, Etienne (2019). "Berkeley Patients Group Turns 20: Compassionate Beginnings". cannabisbusinesstimes.com. Retrieved 2023-12-16.
  14. ^ a b Berkeley Patients Group (2019). "Our History". myBPG.com. Retrieved 2023-12-16.
  15. ^ a b Heddleston, Thomas (2013). "A Tale of Three Cities: Medical Marijuana, Activism, and Local Regulation in California". Humboldt Journal of Social Relations (35): 123–143.
  16. ^ Martin, Jennifer. "Meet the Team". NY Cannabis Licensing Support. Retrieved 2023-12-17.
  17. ^ "City of Berkeley Medical Marijuana Initiative, Measure JJ (November 2008)". Ballotpedia. Retrieved 2023-12-16.
  18. ^ Groshoff, David (2013). "CONTREPRENEURSHIP? EXAMINING SOCIAL ENTERPRISE LEGISLATION'S FEEL-GOOD GOVERNANCE GIVEAWAYS". University of Pennsylvania Journal of Business Law. 16 (1). 266.
  19. ^ Novack, Janet. "Owner Of First U.S. Marijuana Pharmacy Now Broke And Fighting IRS". Forbes. Retrieved 2023-12-17.
  20. ^ Scherr, Judith (2007). "Medical Marijuana Supporters Rally After Raid. Category: Page One from The Berkeley Daily Planet". www.berkeleydailyplanet.com. Retrieved 2023-12-17.
  21. ^ Downs, David; Montgomery, Michael (2012-05-02). "Berkeley Dispensary's Closure Marks 'Biggest Casualty' Of Federal Marijuana Crackdown". HuffPost. Retrieved 2023-12-17.
  22. ^ Dinkelspiel, Frances (2012-08-09). "Berkeley Patients Group finds new home on San Pablo Ave". Berkeleyside. Retrieved 2023-12-17.
  23. ^ Novack, Gary D. (2016). "Cannabinoids for treatment of glaucoma" (PDF). Current Opinion in Ophthalmology. 27 (2): 146–150. doi:10.1097/ICU.0000000000000242. PMID 26840343. S2CID 205669772.
  24. ^ "Berkeley To Force Marijuana Dispensaries To Provide Free Weed For Low-Income Patients - CBS San Francisco". www.cbsnews.com. 2014-07-02. Retrieved 2023-12-17.
  25. ^ Goldstein, Chris (2013). "How 420 became a marijuana holiday". The Philadelphia Inquirer. Retrieved 2023-12-17.
  26. ^ "Veterans Action Council & NCIA Lobbies with Etienne Fontan & Michael Krawitz". The National Cannabis Industry Association. Retrieved 2023-12-17.
  27. ^ United Nations Office on Drugs and Crime (2022). "Global access to medicinal cannabis: programmes, challenges and solutions; Organized by the European Coalition for Just and Effective Drug Policies with the support of the Veterans Action Council". Side Event report, 65th session of the Commission on Narcotic Drugs (Compiled by the Secretariat to the Governing Bodies) (PDF). p. 35.
  28. ^ ENCOD (December 2, 2020). Support patient access to medicine, vote yes! Statement submitted by a non-governmental organization in consultative status with the Economic and Social Council [E/CN.7/2020/NGO/7]. Commission on Narcotic Drugs, Reconvened sixty-third session, Vienna, December 2–4, 2020, Item 5 of the provisional agenda: Implementation of the international drug control treaties. Vienna: United Nations.
  29. ^ Reiman, Amanda (2009-12-03). "Cannabis as a substitute for alcohol and other drugs". Harm Reduction Journal. 6 (1): 35. doi:10.1186/1477-7517-6-35. ISSN 1477-7517. PMC 2795734. PMID 19958538.


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