Lawsuit Filed for Taraval Marijuana Permit

By Jonathan Farrell

Supporters of a medical marijuana dispensary proposed for Taraval Street are disappointed that an initial permit approved by the SF Planning Commission in 2010 was later rescinded by the SF Board of Permit Appeals.

Opposition to the idea by the local community has been steady.

Supporters of the dispensary say the recent crackdowns by federal authorities has prompted them to "step away" from the effort.  However, a lawsuit has been filed in SF Superior Court by Greg Schoepp to re-claim the original permit.

Schoepp, and Paul Hansbury, who worked on the effort, said much of the opposition to a medical marijuana (or cannabis) dispensary (MCD) proposed for 2139 Taraval St., near 32nd Avenue, is due to preconceived or misconceived ideas. Hansbury believes the process got stalled and "delays seemed predetermined because of local political games."

Schoepp, who owns Crown Hardware on Balboa Street, declined to make any further comments due to fear of reprimands by the federal government. 

While the effort has been thwarted, supporters like Hansbury and others say a medical marijuana dispensary is still needed for the western part of the City. 

Many in the local community, especially along Taraval Street, disagree. Even SF Supervisor Carmen Chu sees the establishment of an MCD on Taraval as problematic.

"Even though the proposed site at 2139 Taraval met all the criteria, (including being more than a 1,000 feet from a school), Supervisor Chu respects the community's wishes," said Cammy Blackstone, Chu's legislative aide.

Blackstone said the supervisor's office received more than 4,000 letters and phone calls opposing the idea of an MCD on Taraval. Only 40 people contacted the supervisor's office to support it. 

Blackstone confirmed that complaints about the smell of smoke emitting from the site were reported, but Hansbury and others say such complaints are "a lie."

"There is no adjacent wall from which the smell of smoke can be detected," Hansbury said. 
Neighbors say the MCD is not welcome because it would be located next to a church, tutoring center and within a short distance from the Parkside Branch Library and St. Ignatius and Lincoln high schools. The influence of a MCD, some officials fear, would only lead to more trouble in the neighborhood. 

City officials have struggled to establish guidelines and enforcement policies for marijuana dispensaries.

Since Proposition 215 was passed by 56 percent of California voters more than 10 years ago, the controversy regarding the medical use of cannabis has raged on, with a conflict between local and federal law. Most of the concern centers on the increase of MCDs in residential areas.

Supporters of the MCD noted that security measures, like the installation of surveillance cameras, etc., would be included for the proposed Taraval MCD. But residents and community leaders doubt this will deter potential crime.

Opponents question the extent to which marijuana is being used for medical purposes, namely pain-management. Marijuana has been used to help those getting chemotherapy treatments for cancer to alleviate nausea. Claims that marijuana helps relieve back pain, arthritis and other common pain conditions, like fibromyaligia, were noted.

But the validity of such claims is debated, with documentation being varied and inconclusive.

Those in favor of a MCD on Taraval say it would be operated like a pharmacy, not like a pot club. A doctor's prescription would be required. But, what type of doctor? And in what form would the patient or recipient take the medicine? Marijuana can be administered in a variety of forms, not just by smoking. Opponents question the dosage and the duration of the prescription as with any drug. And, who will enforce and manage the cost of regulation?

Still, those in favor of a MCD on Taraval insist that people with ailments alleviated by cannabis find it unfair that they must travel a long distance to reach one of the 22 MCDs in the City.

While Hansbury said he has "lost heart and should step away," he and Schoepp hope those opposed will see the medical benefits and reconsider their opposition.