California, Hayward

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Article Last Updated: 06/02/2006 03:01:14 AM PDT

Mayoral race frets backers of pot clinics
Candidates say future of marijuana in Hayward not a leading priority
By Matt O'Brien, STAFF WRITER
The Daily Review


HAYWARD — Medical marijuana proponents consider the Hayward mayoral election one of the "crucial" political races in California this Tuesday, though both mayoral hopefuls beg to differ.

"It's crucial because it could determine the fate of the medical cannabis dispensaries," said Dale Gieringer, director of the Oakland-based Drug Policy Forum of California.

Rival candidates Brian Schott and Mike Sweeney are "diametrically opposed" on the issue, Gieringer said.

And since the city's two permitted pot clubs are approaching the end of their municipal operating agreements, Gieringer said the next mayor could have a significant say on whether they stay or go.

The mayor could indeed have a say, but neither Schott nor Sweeney considers the issue a top priority for himself or most voters. And the positions they are espousing appear to be not so different.

In interviews, both said they would thoroughly review each club before voting to renew any permits. Schott, however, is explicitly opposed to the idea of having pot clubs in the city.

"I don't know why they have to be at these clandestine locations. It just leads to problems," Schott said. "They'd have to do a very good job of convincing me they should get their use permit renewed."

Schott alienated medical pot proponents at a campaign forum several weeks ago when he said, "This will probably cost me some votes, but I don't think Hayward should be in the medical marijuana business."

Sweeney, in contrast, said the city should follow state law, make sure there is no expansion in the number of dispensaries and regulate the existing two facilities carefully.

But when it comes to specifics, both men are promising a fairly hard-line approach. Sweeney said he would take a "real hard" look at the two dispensaries when their three-year agreements with the city expire on Dec. 31.

Both clubs, the Hayward Patients Resources Center and the Local Patients' Collaborative, are located on the same downtown stretch of Foothill Boulevard. Club owners did not return calls for comment Thursday.

Gieringer said his organization's views on the Hayward candidates are based on what local dispensary workers and patients gathered from watching candidates debate one another at forums. Although the activist group does not make formal endorsements, it offers advice on local elections on its Web site.

The commentary paints Sweeney as reasoned and Schott as hostile to the group's cause. Both candidates said they were not contacted by the group. The other elections described as "crucial" are in Oakland and San Diego County.

In fact, it may be that neither Schott nor Sweeney will have enough political heft, if elected, to engineer any major changes to the city's current policy.

The mayor's vote is equal to the vote of any of the six members of the Hayward City Council, and so far those council members have been almost unanimous on decisions allowing the two pot clubs to operate.

Five candidates are contesting two open seats on the council, but only one of them, Hank Quintel, has said he opposes pot clubs downtown.

"I see no purpose for these marijuana clubs," Quintel said at a forum.

The Drug Policy Forum believes incumbent Councilman Kevin Dowling and challenger Gary Steinberger are "most strongly supportive of medical marijuana." Dowling is a past recipient of campaign contributions from pot clubs and has said at a forum that both facilities are "well run." The other two candidates, Robert Lopez and incumbent Councilman Matt Jimenez, are considered by the group to be in a more vague, middle ground.

But many of the group's views are inaccurate. The same Web site states that Assembly candidate Mary Hayashi of Castro Valley is a registered nurse and strongly supportive of medical marijuana.

Hayashi is not a registered nurse. It states that her challenger, Alameda County Fire Chief Bill McCammon of Pleasanton, "who is supported by police, is opposed" to medical marijuana. Both Hayashi and McCammon have received endorsements from law enforcement individuals and organizations, as have Dowling, Lopez, Jimenez, Schott and Sweeney.

It states that "medical marijuana advocates have lacked a working majority on the Board of Supervisors due to lack of support from incumbent Supervisor (Gail) Steele." In fact, county supervisors spent two years developing a plan that resulted this year in the approval of three medical marijuana clinic permits in unincorporated areas. Steele joined other board members in developing and approving the plan.

The site states that Steele's challenger, Union City Councilman Richard Valle, "has been a consistent supporter of medical cannabis dispensaries in Union City." There are no dispensaries in Union City, though Valle has consistently served as the minority vote trying to approve them.

If officials in Hayward someday adopt Union City's no-dispensary model, as some advocates fear, it would take a majority of elected officials, not just a new mayor and two council members.

"The council has to decide," said Hayward City Manager Jesus Armas. "Absent any action, (the agreements) expire."

Armas said there have been some problems involving the clinics, including robberies at one of them.

Frustration with the glut of tattoo parlors downtown, and the social problems critics have associated with them, caused the council to deny a permit to a proposed new parlor late last year. If similar frustrations arise at the end of this year, officials predict it could influence how the council votes on renewing pot club permits.


Staff writer Karen Holzmeister contributed to this report.



Matt O'Brien can be reached at (510) 293-2473 or mattobrien@dailyreviewonline.com

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Hayward pot club ordered to shut down

City says Local Patients Cooperative's stock of marijuana exceeded limit

By Matt O'Brien, STAFF WRITER
Inside Bay Area
Article Last Updated:11/11/2006 02:54:33 AM PST

HAYWARD — One of two medical marijuana dispensaries in Hayward will be forced to close down next month, city officials said.

"The place that is being closed down clearly violated their conditions," Mayor Mike Sweeney said. "And apparently, they violated it twice."

Officials said the Local Patients Cooperative broke its three-year operating memorandum with the city by having more than 3 pounds of marijuana on the premises at one time.

Police officers inspected the club in September and said they observed 30 pounds of the drug — 10 times the city's limit. Officers returned again last month and claimed to have observed 200 pounds.

The club's owner disputes that amount but acknowledges having at least 30 pounds during the October inspection, City Manager Jesus Armas said in a report released Friday.

The club, guarded by private security, is downtown on the second floor of 22630 Foothill Blvd., across the street from where developers are building a 12-screen cinema complex.

Armas said the club must cease all operations by Dec. 31. Managers at the Local Patients Cooperative did not return calls for comment.

The order forcing the clinic to close does not affect the only other Hayward pot club, Hayward Patients Resource Center, which is a block away on Foothill Boulevard.

Tom Limos, owner of Patients Resource Center, said police officers inspected his facility a little more than a week ago.

"We're sticking to the letter of the law," said Limos, who addedhe has had a "very favorable, very professional" relationship with local law enforcement.

But the future of his club, and medical marijuana in downtown Hayward in general, remains uncertain.

"The larger question, of course, is whether the council wishes to continue in some form the (agreement) that the city put together some years back," Sweeney said. "I hope we will hear from folks in the downtown in terms of what they think."

A decade ago the passage of Proposition 215 allowed doctor-approved medical use of marijuana in California. In 2003, city officials in Hayward became increasingly aware of a cluster of pot clubs that were quietly operating downtown.

The response was a city ruling allowing a total of two clinics to operate, on the condition that the owners follow an 11-point list of rules that city officials drew up.

The first of those 11 conditions was that the agreement, which began on Jan. 1, 2004, would end Dec. 31 and then be examined again for further review.

Armas, in his report this week to the Hayward City Council, stated that the city's "substantial investment in the Cinema Place project, and the expected increase in pedestrian traffic in the area, serve as compelling examples of the reasons for eliminating the use."

Limos said he has applied to renew his agreement with the city and hopes to be able to continue operating after the year ends.

He said his business, apart from the security guard outside, is not an "obvious" presence downtown.

"Anybody who doesn't know we're there probably won't know we're there," Limos said. "The people that need my services will know how to find me, and that's the way it should be."


Matt O'Brien can be reached at (510) 293-2473 or mattobrien@dailyreviewonline.com.

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Posted on Tuesday, December 12, 2006

Law Enforcement Arrests the Owner and the Manager of Local Patients Cooperative

Seizes Inert Grenades, Sophisticated Indoor Marijuana Grows, Hundreds of Marijuana Plants, Marijuana Baked Goods, High Value Vehicles and U.S Currency


HAYWARD, Calif. – LAWFUEL - Law News Network - United States Attorney Kevin V. Ryan, Drug Enforcement Administration (DEA) Special Agent in Charge Javier F. Peña, and Internal Revenue Service (IRS) Special Agent in Charge Roger L. Wirth announced that DEA and IRS Special Agents arrested the owner and manager of the Local Patients Cooperative in Hayward today. Shon Matthew SQUIER, 34, and Valerie Lynn HERSCHEL, 23, both of Hayward, California, were arrested on charges of conspiracy to distribute marijuana and the distribution of marijuana. In addition to the arrests, special agents executed five federal search warrants at the following locations: the Local Patients Cooperative facility located on Foothill Blvd., two associated residences in Hayward, and two cars.

As a result of today’s searches law enforcement seized indoor marijuana grows, hundreds of marijuana plants, marijuana laced cookies, brownies, popcorn, pies, candy, two inert grenades, U.S. Currency and several high value vehicles including a Mercedes, Hummer, Cadillac Escalade, Volvo, Dodge Truck, Harley Davidson and Ducati Motorcycles.

According to the criminal complaint, the Hayward Local Patents Cooperative attempts to disguise the breadth of its criminal activity by claiming that it caters exclusively to persons suffering from medical illnesses, when in fact persons without any medical condition can purchase marijuana at the retail establishment. During a recent inspection by Hayward Police Department, officers saw over 200 pounds of marijuana at the location as well as numerous marijuana plants.

The DEA and IRS began this investigation approximately one year ago. Throughout the investigation agents learned that SQUIER was allegedly the owner of the marijuana distribution center, while HERSCHEL allegedly acted as a manager. Furthermore, agents received information that Local Patients Cooperative allegedly operated a sophisticated indoor marijuana grow with multiple grow rooms, had hundreds of pounds of processed marijuana on hand, along with a variety of marijuana for sale and also offered miscellaneous items such as edibles, hash, kief, cookies, brownies and oils. Court documents un-sealed today revealed that on multiple occasions, law enforcement observed between 20-30 males, approximately 20-40 years of age, entering the distribution center and each departing with a small white bag with the word “Prescription” on it. The complaint also alleges that the men entered the establishment unassisted and appeared to be healthy. Furthermore, agents have observed individuals believed to be uniformed security personnel around the perimeter of the building and at the entrance of the business.

Both SQUIER and HERSCHEL are charged with the following violations: Title 21 United States Code (“U.S.C.”), Section 846-Conspiracy to Distribute Marijuana, Section 841(a)(1)-Distribution of Marijuana and Section 856(a)(1)- Maintaining a drug-involved premises. The maximum statutory penalty for conspiracy to distribute marijuana and the distribution of marijuana charges are a maximum term of imprisonment of twenty years, a $1,000,000 fine, a three year term of supervised release and a $100 special assessment. The maximum statutory penalty for maintaining a drug involved premises is a maximum term of imprisonment of twenty years, a $500,000 dollar fine, a three year term of supervised release, and a $100 special assessment.

SQUIER and HERSCHEL will make their initial appearance in U.S. District Court in Oakland on December 13, 2006, at 10 a.m. before Magistrate Judge Wayne D. Brazil.

Today’s enforcement operation was conducted by the Drug Enforcement Administration, Internal Revenue Service-Criminal Investigation, with the assistance of the Hayward Police Department, South Alameda County Narcotics Enforcement Team (“SACNET”) and the Livermore Police Department.

This case is being prosecuted by Assistant U.S. Attorney Shashi Kewalramani with the assistance of Legal Assistant Cynthia Daniel. The charges are only allegations and the defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

Further Information:

A copy of this press release may be found on the U.S. Attorney’s Office’s website at www.usdoj.gov/usao/can.

Electronic court filings and further procedural and docket information are available at https://ecf.cand.uscourts.gov/cgi-bin/login.pl.

Judges’ calendars with schedules for upcoming court hearings can be viewed on the court’s website at www.cand.uscourts.gov.

All press inquiries to the U.S. Attorney’s Office should be directed to Luke Macaulay at (415) 436-6757 or by email at Luke.Macaulay@usdoj.gov.

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<table class=posttable align=right width=320><tr><td class=postcell><img class=postimg src=bin/lpc-bust_1.jpg width=320></td></tr><tr><td class=postcell><img class=postimg src=bin/lpc-bust_2.jpg width=320></td></tr><tr><td class=postcell><img class=postimg src=bin/lpc-bust_3.jpg width=320></td></tr><tr><td class=postcell><img class=postimg src=bin/lpc-bust_4.jpg width=320></td></tr><tr><td class=postcell><img class=postimg src=bin/lpc-bust_5.jpg width=320></td></tr></table>NBC11.com

DEA: Cars, Cash, Marijuana-Laced Snacks Seized In Bust

POSTED: 4:31 pm PST December 12, 2006
UPDATED: 4:56 pm PST December 12, 2006

HAYWARD, Calif. -- The Drug Enforcement Administration said the owner and manager of the Local Patients Cooperative in Hayward were arrested on charges of conspiracy to distribute marijuana and the distribution of marijuana, according to United States Attorney Kevin V. Ryan.

In addition to the arrests of Shon Matthew Squier, 34, and Valerie Lynn Herschel, 23, special agents executed five federal search warrants Tuesday at the Local Patients Cooperative facility located on Foothill Boulevard, two residences in Hayward and two cars.

Authorities said they seized hundreds of marijuana plants, marijuana-laced cookies, brownies, popcorn, pies, candy, two inert grenades, cash and several high-value vehicles, including a Mercedes, Hummer, Cadillac Escalade, Volvo, Dodge truck, Harley Davidson and Ducati motorcycles.

According to the criminal complaint, the Hayward Local Patents Cooperative attempted to disguise criminal activity by claiming that it catered exclusively to persons suffering from medical illnesses.

The DEA said persons without any medical condition could purchase marijuana at the retail establishment.

The Hayward Police Department said officers saw more than 200 pounds of marijuana at the location, as well as numerous marijuana plants.

The DEA and Internal Revenue Service began the investigation about one year ago.

Court documents unsealed Tuesday said that on multiple occasions, law enforcement observed between 20 to 30 men, between 20 to 40 years of age entering the distribution center and exiting with a small white bag with the word "Prescription" on it.

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DEA busts Hayward pot dispensary

By Alejandro Alfonso, STAFF WRITER
The Tri-Valley Herald
Article Last Updated:12/13/2006 02:40:24 AM PST

HAYWARD — The Local Patients Cooperative marijuana dispensary was raided by the federal Drug Enforcement Administration on Tuesday as part of a yearlong investigation that also involved the Internal Revenue Service and Hayward police.

"The distribution of marijuana is a federal offense, and this place was making millions of dollars," said DEA Assistant Special Agent in Charge Michael Chapman.

Along with the Foothill Boulevard marijuana club, two additional residences in Hayward were raided and searched, authorities said. Northbound traffic on Foothill, between B and C streets, was halted during the police activity.

Shon Matthew Squier, 34, owner of the dispensary, and Valerie Lynn Herschel, 23, manager, both of Hayward, were arrested on suspicion of conspiracy to distribute marijuana and the distribution of marijuana. Law enforcement agents had five federal warrants to search the facility, Squier's and Herschel's residences and their cars, according to authorities.

Squier and Herschel are scheduled to appear at 10 a.m. today in U.S. District Court in Oakland before Magistrate Judge Wayne D. Brazil.

Authorities said several vehicles were seized in the raid, including two Mercedes, a Hummer, a Cadillac Escalade, and Harley Davidson and Ducati motorcycles; indoor marijuana growing equipment; an estimated 200 marijuana plants; and marijuana-laced cookies, brownies, popcorn and pies.

Cash seized by investigators from the dispensary and residences totaled $200,000, and another $2.1 million in associated bank accounts. The IRS routinely works with the DEA on the financial side of an investigation of this kind, a DEA spokesman said.

The maximum statutory penalties for conspiracy to distribute and distribution of marijuana charges are 20 years' imprisonment, a $1 million fine and a three-year term of supervised release.

Federal agents were alerted to the activity of the dispensary during a separate investigation, and began looking into the operation in October 2005, according to the criminal complaint.

"At some point during their investigation, they contacted us and requested our help," said Hayward Police Capt. Phil Ribera.

The dispensary was to be closed by local authorities at the end of this month for breaking its agreement.

City officials said the cooperative had more than 3 pounds of marijuana on the premises at one time, in violation of city regulations.

Hayward police inspected the club in September and said they observed 30 pounds of marijuana — 10 times more than the city allows. Officers returned in November and said they observed 200 pounds.

Sticking to the 3-pound rule is impossible because of the volume of patients the club serves, an employee of the dispensary said in a previous interview earlier in the week.

According to the criminal complaint, the cooperative attempted to disguise the breadth of its criminal activity by claiming that it caters exclusively to people suffering from medical illnesses, when people without any medical conditions can purchase marijuana at the retail establishment.

"There is no difference in the street price," said DEA public affairs officer Casey McHenry, pointing out that an ounce of marijuana at the club cost the same as on the street, between $300 and $320.

"This was a money-making business," she said.

The passage of Proposition 215 by California voters in 1996 allows doctor-approved medical use of marijuana. But McHenry said the distribution of marijuana is a violation of federal law and that the Supremacy Clause in the U.S. Constitution allows federal law to supersede state regulations.

News of the raid was met with protests by Americans for Safe Access, a national grassroots coalition based in Oakland that works to protect the rights of patients and doctors to use marijuana for medical purposes. The organization was established four years ago in response to federal raids of marijuana dispensaries in California.

"California has made a decision," said Tom Dolphin, communications director for Americans for Safe Access. "We want the federal government to stop circumventing California law."

A Hayward resident, who has a doctor's prescription to use marijuana for symptoms related to HIV and went to the dispensary once a week to fill his prescription, expressed frustration with the raid of the facility.

"They were very good to residents of Hayward," he said.

The dispensary gave a 10 percent discount to city residents. The man said he will probably start going to the other dispensary nearby.


Alejandro Alfonso can be reached at (510) 293-2469 or aalfonso@dailyreviewonline.com

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Bail set for suspects in Hayward pot club bust

DEA accuses clinic of selling marijuana for nonmedical use; IRS scrutinizes cash flow

By Josh Richman, STAFF WRITER
Inside Bay Area
Article Launched:12/15/2006 02:56:08 AM PST

OAKLAND — The two people arrested in Tuesday's federal raid on a Hayward medical marijuana cooperative were released on bond after their first court appearance Wednesday.

In what has become a familiar refrain, U.S. Magistrate Judge Wayne Brazil warned Shon Matthew Squier, 34, and Valerie Lynn Herschel, 23, that although there's a "philosophically rich" debate over the conflict between the state's medical marijuana law and the federal ban, "those debates unfortunately are irrelevant to what goes on in this court," and state law provides them no defense. "Congress gets to decide."

Squier and Herschel — both of Hayward and respectively the Local Patients Cooperative owner and manager — were arrested Tuesday on a criminal complaint charging them with conspiracy, marijuana distribution and maintaining drug-involved premises. Drug Enforcement Administration and Internal Revenue Service agents raided the Foothill Boulevard cooperative as well as Squier's and Herschel's homes.

Brazil told them Wednesday that each of those crimes is punishable by up to 20 years in prison. The conspiracy and distribution charges also could carry fines of up to $1 million, while the premises charge could carry a fine of up to $500,000.

Brazil ordered Squier freed on $300,000 bond and Herschel freed on $100,000 bond, each secured by the value of their homes. Until their properties can be assessed and posted to secure their freedom, their families have signed promises to pay should either defendant skip town. Herschel's parents and Squier's fiance and sister were in court Wednesday. Both defendants are due back in court Jan. 5.

After Wednesday's hearing, defense attorney Bruce Atwater noted that Internal Revenue Service agents took part in Tuesday's raid and prosecutors are emphasizing the money that flowed through Squier's account. Atwater said he believes tax charges will figure prominently when a federal grand jury indicts the two next month, a "back door way" for the federal government to prosecute medical marijuana providers.

Squier and Herschel "worked well with the city, they worked well with the Alameda County Sheriff's Department. ... They were compliant with state law," Atwater said. "I guess their crime is that they made too much money."

But Drug Enforcement Administration Special Agent Kenny Lee's affidavit, filed with the criminal complaint, shows the government believes their motives weren't so altruistic: "I believe that Hayward Local Patients Co-op attempts to disguise the breadth of its criminal activity by claiming that it caters exclusively to persons suffering from medical illnesses, when in fact persons without any medical condition can purchase marijuana ... at the retail establishment."


Contact Josh Richman at jrichman@angnewspapers.com or (510) 208-6428.

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<img src=bin/matier_and_ross.gif> <span class=postbigbold>Matier & Ross</span>

Squier or king

The San Francisco Chronicle
December 18, 2006

The feds say he was selling pot for profit -- and indeed, from the looks of things, Shon Squier, owner of the recently raided Local Patients Cooperative medical marijuana operation in Hayward, appears to have been doing pretty well for himself.

His house in the Hayward hills was worth $1.5 million and he had $1.5 million in the bank, authorities say. When the feds searched his house last week, they found:
<ul class=postlist>
<li> More than 200 swords. </li>

<li> More than 300 knives.</li>

<li> More than 200 pairs of designer sunglasses, each in its own case.</li>

<li> Two Mercedes-Benzes, a Hummer, a Volvo and a Cadillac Escalade.</li>

<li> A Harley-Davidson and a Ducati motorcycle.</li>

<li> Ten dirt bikes.</li>

<li> About $200,000 in cash.</li>

<li> And a full-size throne.</li>
</ul>
That's right, a throne.

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Second Hayward marijuana club may blow out of town

By Matt O'Brien, STAFF WRITER
Inside Bay Area
Article Last Updated:12/19/2006 02:47:51 AM PST

HAYWARD — A week after federal agents put a quick end to one downtown Hayward medical marijuana clinic, the Hayward City Council will decide today what to do about the only other pot club in town.

The council is scheduled to vote on whether to extend its three-year operating agreement with the Hayward Patients Resource Center.

The agreement with the Foothill Boulevard dispensary expires Dec. 31, and the club would be forced to close if the council does not extend the agreement.

City staffers are recommending that the council authorize a "limited" extension lasting 90 days. Tom Lemos, owner of the club, said that's because the city wants him to use that time to find a new home.

"I have 90 days to move, basically, because otherwise I have to close," Lemos said. "It has to be in Hayward. We're doing our best. I can't say I'm totally optimistic."

City Manager Jesus Armas has said the construction of the new 12-screen cinema complex at the corner of B Street and Foothill Boulevard is one "compelling reason" why having pot clubs nearby is not a good idea.

"This is just to keep everybody focused," Armas said of tonight's meeting. "They want to be able to continue to do what they do while searching for another location."

Armas said that having pot clubs downtown "is not appropriate" anymore, given the expected increase of pedestrian traffic in coming years. However, he also said the council hasn't really decided whether anywhere else in the city would be appropriate.

Many council members have expressed general support for the club, saying it has been following the city's rules while the neighboring Local Patients Cooperative apparently was not.

Agents from the Drug Enforcement Administration and Internal Revenue Service raided the Local Patients Cooperative last Tuesday and arrested its owners on charges of conspiracy to distribute marijuana and the distribution of marijuana. The raided club was directly across the street from where the cinema is being built.

Lemos' club is a block away.

Lemos has distanced himself from his embattled neighbor, saying his own clinic has been following the letter of local law by keeping only a minimal amount of marijuana on the premises at any given time.

Today's meeting begins at 8 p.m. at Hayward City Hall, Council Chambers, 777 B St.


Matt O'Brien can be reached at (510) 293-2473 or mattobrien@dailyreviewonline.com.

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Council forces pot club to move

<span class=postbold>City's last medical marijuana dispensary has 90 days to find new location, evacuate downtown </span>


By Matt O'Brien - STAFF WRITER
Inside Bay Area
Article Last Updated:01/17/2007 04:27:49 PM PST

HAYWARD They called him a hero Tuesday night and thanked him for complying with city rules.

But then the Hayward City Council told Tom Lemos he has 90 days to find someplace other than downtown to operate his medical marijuana club.

Having a medical marijuana clinic in the downtown is no longer appropriate, said City Manager Jesus Armas, citing the club's proximity to a new 12-screen cinema being built nearby.

Lemos owns the Hayward Patients Resource Center, which is located on Foothill Boulevard between A and B streets and is the last medical marijuana dispensary left in Hayward.

Since 2003, it has operated under an agreement with the city that was set to expire Dec. 31. Council members said then that they hoped the conflict between federal and state law regarding medical marijuana would have been resolved by now.

It hasn't. So the council voted unanimously Tuesday night to extend that agreement for 90 days, allowing Lemos more time to look for other sites within the city boundaries that might be better suited for a medical marijuana clinic.

Lemos said he has a real estate broker and has been looking at other possible locations within Hayward.

And on Dec. 12, federal agents with the Drug Enforcement Administration and the Internal Revenue Service put an end to the Local Patients Cooperative, which was the only other pot clinic located in Hayward.

Lemos spoke at the City Hall meeting Tuesday night, touting the modesty of his club in contrast to what prosecutors have alleged was an illegal and profit-making enterprise at the Local Patients Cooperative.

I don't have a huge house. I'm here to serve the patients of Hayward, Lemos said, adding that he has tried to keep a low profile and not create a public nuisance. Police officers had examined the Hayward Patients Resource Center and found that the club was in compliance, keeping a minimal amount of pot available at any given time.

Council members thanked Lemos for that Tuesday.

You're taking a risk, Councilman Bill Quirk told him. In some sense, I consider you a hero.

Quirk on Tuesday tried to have the council vote to allow more than just one medical marijuana clinic in Hayward, after two people spoke up at the meeting, saying they wanted to open up new clubs in the city.

Quirk also tried to change the agreement so it allows up to 5 pounds of marijuana on the premises at a time instead of three.

His plan was shot down with a 2-5 vote, with only Councilwoman Barbara Halliday voting in Quirk's favor.

Editor's Note: This article was originally published December 20, 2006.