Possible Shutdown After Mayor, Top Cop Find Pot Shop

The city recently shut down a medical cannabis dispensary that's been open since the beginning of August after the mayor and police stumbled upon it.

Mayor Mary Ann Nihart, Chief Jim Tasa, Stephen Rhodes, San Mateo County Supervisor and former Sheriff Don Horsley and Board member Mike O’Neill walk into a medical marijuana dispensary…

It sounds like the start of a joke, but on Aug. 19 the group unwittingly did just that.

Now, Pacifica may face a legal battle after the discovery and subsequent shutdown of a pseudo-underground medical cannabis dispensary on Palmetto Avenue.

Seeing an “open” sign in the window of what used to be an upholsterer’s shop, Mayor Nihart—on her monthly “”, when she checks in with local business owners around town—discovered something all of Pacifica’s city officials had been missing and hundreds of Pacificans had been using: A medical cannabis dispensary that’s been open since the beginning of August despite the lack of a city ordinance allowing such a business.

“Yes I was (surprised),” said City Manager Stephen Rhodes. “Very, yeah.”

But just as there is no ordinance allowing medical cannabis dispensaries, there are also no local laws forbidding them.

Ruben Salvatierra, the owner of a dispensary in Vallejo, CA, took advantage of this when he started Wellness Solutions Group (the Pacifica dispensary) on Palmetto.

He said being discovered didn’t worry him. Not even when Chief Tasa asked him what he was doing selling medical cannabis out of a storefront in Pacifica.

“Really, I had nothing to hide,” Salvatierra said. “It’s all legal within the state, so I basically explained everything to him (Tasa). His feeling to it was more that he doesn’t think the community needs it and that was really all his opinion toward the dispensary.”

Salvatierra is no stranger to the stigma surrounding medical cannabis and the dispensaries that provide it to people with prescriptions. But, he said, his dispensary’s track record in Vallejo ought to speak for itself.

“We’ve had our other location in Vallejo for two years, we’ve had a good report with the police department, we’ve had a good rapport with the city and we’re really trying to bring the same compassionate help that we’ve been giving that community here,” he said.

Wanting to take the sale of medical cannabis beyond Vallejo, Salvatierra looked around at cities on the Peninsula that did not have outright bans on dispensaries, such as his hometown of South San Francisco. There were very few such cities.

Before setting up shop in Pacifica, however, Salvatierra approached the city of East Palo Alto.

Although there was and still is a functioning dispensary in East Palo Alto today, Salvatierra said that after he applied for a business license there, the city council imposed a ban on new dispensaries and denied him the permit.

“That’s along the lines with most San Mateo County cities, it’s always been the same thing: Someone will apply and they’ll put a ban,” he said.

Finally, he decided Pacifica was the best fit for a new dispensary.

“For the most part, everyone who has come in here has been very excited,” Salvatierra said. “From my understanding the community has been wanting a dispensary out here.”

Salvatierra said the Pacifica dispensary had between three to four hundred patients before it was shut down. The majority were Pacifica residents. He built this clientelle largely through word of mouth and on the website WeedMaps.com.

But in Pacifica, Salvatierra took a slightly different approach than he did in East Palo Alto. Police are saying it might be illegal.

When applying for a business license with the Pacifica Planning Department, Salvatierra said he was opening a flower shop.

“Technically speaking, it is the dried cannabis flower,” he said.

But on Thursday, Aug. 25, the City of Pacifica and Pacifica Police issued a cease and desist order to Salvatierra and Wellness Solutions Group.

“Their business license is also null and void and retracted, rescinded, because they obtained it under false pretenses,” said Pacifica Police Captain Dave Bertini.

Capt. Bertini also said an investigation is underway to find if Salvatierra broke the law when he told the Planning Department he was starting a flower shop rather than a medical cannabis dispensary.

“I think that it's total chicanery on their part to go around existing laws and falsify documents to get a business license,” Capt. Bertini said.

The dispensary has 10 days from Aug. 25 to appeal the order to close up shop.

George White, Pacifica Planning Director, said his department basically checks to make sure the proposed use of a piece of property complies with its zoning and location, parking etc. before a shop opens. It doesn’t typically do checkups to make sure business owners are selling what they’re supposed to.

Salvatierra said he’s not backing down in the face of the cease and desist order, however.

“We have a right to be here by state law and if we have to put up a fight with the city to remain open we are ready to do so,” he wrote in an email sent after the city shut him down.

By state law, dispensaries must be nonprofits. There are many forms of nonprofits, but Wellness Solutions Group of Pacifica is called a "mutual benefit" nonprofit, meaning its goods are both produced and consumed by customers, or members, like a collective.

Salvatierra said that WSG abides by these rules and by all other state laws, and because Pacifica doesn’t have an ordinance either way about cannabis dispensaries, his business should be allowed to stay open.

“It’s really just a matter of following state guidelines,” he said. “Politically, it depends on what city you’re in, some cities accept it some don’t.”

There’s now a note in the window of the inactive dispensary asking customers and the community to help keep it around.

After all, Salvatierra said, he’s doing the community a service.

“Really, I’m here to provide safe access,” he said. “It’s been long needed in San Mateo County. I have a few cancer patients who have come in here, and they travel to downtown San Francisco or they go to San Jose, and for some of these people it’s hard for them already to get out of their house, they don’t trust delivery services and it’s already hard enough for them to have to travel. You gotta know that takes more money to spend on gas to drive out to downtown San Francisco, there’s never any parking in downtown San Francisco and really they need something close to home that provides safe access.  Really, that’s why I’m here, is to help out all the patients of Pacifica.”

Not to mention, a dispensary could be a financial boon for the city, he said.

“It’s a great thing to add to the income of the city because I know, from my understanding, this particular city has been broke for a while,” he said. “It would hard felt to have to close a place that could bring in tax revenue for them. I know they have that up here that they’ve been trying to restore, you know, they could easily have the tax money come in to finish restoring that project, or whatever other things the city may need.”

Mayor Mary Ann Nihart would only say that the city is looking into what its next step will be, whether the city council seeks a ban on dispensaries or not, and what that means for Wellness Solutions Group.

To follow news about Pacifica and surrounding areas and stay up on local events, visit Pacifica Patch on Facebook and "like" us here. Follow us on Twitter here, too.

Peter B. Olinger August 31, 2011 at 06:20 PM
Might want to take a look at: 21 U.S.C. § 811.
Conrad Peterson August 31, 2011 at 07:32 PM
It's not clear how 21 U.S.C. § 811 relates to this issue. There are many medical cannabis dispensaries operating in California. I don't think 21 U.S.C. § 811 has been used to prevent any of them from opening or to close them.
Jillian Galloway August 31, 2011 at 09:04 PM
The federal marijuana prohibition is a bad law from yesterday. As someone who lives today and sees the prohibition harming so many people without returning any benefit back to us at all, I say END it. End it - it's old, useless, doesn't work and causes massive harm. End it and let our supermarkets sell legally-grown marijuana to adults at prices too low for the drug dealers and cartels to match. END IT!!
Maiz Puerro August 31, 2011 at 10:43 PM
I'm confused (not being sarcastic here either). In this blog entry, it states "But just as there is no ordinance allowing medical cannabis dispensaries, there are also no local laws forbidding them." In this morning's Pacifica Tribune concerning this same dispensary, the article states, "But if Salvatierra had stated the nature of the business, he would not have been allowed to operate. 'It's not an allowed use in the Pacifica zoning code. They have the right to appeal it to City Council,' Rhodes said. Salvatieera said he filed an appeal to City Council yesterday." From the Tribune article, it sounds like to me that the dispensary is indeed prohibited. I have to think that is why Salvatieera filed his business license as a "flower shop," which makes for a distrustful relationship now between him and the city. As Capt. Bertini so aptly put it in your article, "I think that it's total chicanery on their part to go around existing laws and falsify documents to get a business license." If there were no laws prohibiting a dispensary, I would think Salvatierra would have stated the actual business on his business license. Just sayin'. And yes, for the record, I have had cancer, and I did use edible marijuana for the unmitigated nausea from my final chemo. I am not against a dispensary but I think all manner of operations must be above board, legal, and accepted in a city where the dispensary resides.
Rachel Cauteruccio August 31, 2011 at 11:03 PM
Unreal how he is making it sound like he is the saving grace to our City being broke. Seriously.
Camden Swita September 01, 2011 at 12:34 AM
The planning department probably would have denied him a business license, but not because it's against the law. The zoning code doesn't say one way or another about medical marijuana being an "allowed" use.
Dogbert September 01, 2011 at 01:54 AM
Allow me: Mayor Mary Ann Nihart, Pacifica Police Chief Jim Tasa, City Manager Stephen Rhodes, San Mateo County Supervisor and former Sheriff Don Horsley and Pacifica School District Board member Mike O’Neill walked into the the Paciifca medical marijuana dispensary with the sign "Today's Special: Pacifica Monster Home Joint - $99.99" prominently displayed. The owner of the dispensary, Ruben Salvatierra, welcomed the group and added, "We don't get many politicians in here." To which Mayor Mary Ann responded, "And at these prices you're not likely to get many more."
ian butler September 01, 2011 at 01:55 AM
Ruben told me he would support Pacifica passing a local cannabis sales tax of 5 to 10% which would go directly to the city. If the dispensary brought in $1 million a year that could be $100,000 a year for Pacifica. No that wouldn't solve all our problems, but it would make a huge difference. He also said he would happily donate 1% to the Pacifica Resource Center in the meantime.
Todd Bray September 01, 2011 at 02:30 AM
Great article Camden. While the owner knowingly lied and misinformed on an application form that requires a signature confirming that all statements in the application are true under penalty of perjury - and did so in order to profit - this is how the gun store got in. I much prefer a dispensary to a gun store any day. And we should tax the medication at the same rate we tax TOT.
Maiz Puerro September 01, 2011 at 02:53 AM
Thanks for replying, Camden. I'm still confused, and still trying to understand. You are saying "The zoning code doesn't say one way or another about medical marijuana being an 'allowed' use," but the City Manager Rhodes says, according to the Tribune, "It's not an allowed use in the Pacifica zoning code. They have the right to appeal it to City Council." Then, according to the Tribune, Salvatieera did indeed appeal. Is he appealing the for an allowed use? But that doesn't make sense if the zoning code doesn't prohibit it to begin with. Perhaps a moot point, as you say the planning department would have denied him the license. thanks.
ian butler September 01, 2011 at 04:11 PM
Maiz, you are not alone, we are all confused! Pacifica has had 15 years to come up with a medical cannabis policy, but never got around to it, mostly because no one every tried to sell it here before. At this point the only law that expressly applies is state law, and Pacifica must now scramble to figure out what to do, at this point they are literally making it up as they go along. Hopefully it will all get sorted out and the city quickly can come up with a policy that allows medical cannabis with sensible restrictions.
Steve Sinai September 03, 2011 at 04:48 AM
What did the gun store put on its application, Todd? I know lots of people were upset about having a gun store in Pacifica, but I don't remember anyone bringing up the issue of phony paperwork.
ian butler September 05, 2011 at 02:49 AM
I was told that the gun store checked "Sporting goods" on the application. He also successfully used the argument that, since Pacifica had no ordinance on gun stores, they couldn't prevent him from opening.
Steve Sinai September 05, 2011 at 11:02 PM
Guns are often sold by sporting goods companies and in sporting goods departments.
ian butler September 06, 2011 at 01:00 AM
True, guns are sold at sporting goods stores, and marijuana buds are dried flowers. It appears that both the gun store and the cannabis dispensary checked the most appropriate category available on the business license application.
Steve Sinai September 06, 2011 at 02:25 AM
More likely the pot shop owner was self-medicated while filling out the form, and didn't realize he should check off something like health care provider.
Lynn V. September 13, 2011 at 10:50 PM
I just moved to California so I am not knowledgeable about the whole issue here, but I do know how valuable medical marijuana is to those patients who need it. I have friends who suffered with chemo and another whose chronic Krohn's disease has rendered him virtually unable to eat. Only with the help of a bit of marijuana can he manage to eat even small meals. I think the City Government, Police, and anyone else who vetoed the shop should WAKE UP AND SMELL THE COFFEE...or is it the WEED??? The city has major financial woes, the majority of its voters are in favor of a dispensary, the sick NEED the help, and the owner is willing to pay a FULL tax load plus donate to the Resource Center...how hard is it to realize this is a win-win? If guns are "Sporting Goods" like footballs, bicycles, camping equipment, then surely Medical Marijuana blossoms can be categorized as "Flowers" under any criteria...
Rebecca Lorenz September 14, 2011 at 05:36 AM
"Flower" shop? Most flower shops sell more than one type of flower, and not dried-up flowers either. Trying to fool individuals or groups of people in any capacity is wrong. It's obvious trickery. What's next, a "seed store" for poppy seeds? A "foliage store" for coca leaves? We can't sell alcohol by labeling it as "cough syrup" or "tonic" so we should not accept someone playing grammatical games with "flowers."
cannabis advocate October 24, 2012 at 01:50 AM
Well you just lost my vote Mayor. You're out dated an ignorant policies should not apply to medicinal marijuana. I suffer from bipolar 2 it is the only medicine that works to regulate my mood. I do not drive. And it sure would be nice to have my medicine close by. I have taken every pill perscribed and I lived in misery for years behind those prescriptions. Cannabis set me free from the hell my mind creates. Educate yourself. Without cannabis I would be self medicating with alcohol and I can tell you from previous experience that marijuana is much safer than alcohol. As proven by the 2 bars that I live by. Why don't you close them down IC drunks getting their cars everyday and the police stand by and do nothing.
Jo Tog October 24, 2012 at 02:03 AM
As a parent I don't want it in Pacifica. Teenagers are getting medical marijuana cards at the age of 18 for no good reasons. Just like the dispenserie owner put on his application "flower shop" Teenagers and doctors are stating their reason for the prescription to be; cancers, pain from broken bones, adhd. are some of the excuses told to me by some teenagers on how they were able to obtain a medical marijuana card. We have enough problems.


More »
Got a question? Something on your mind? Talk to your community, directly.
Note Article
Just a short thought to get the word out quickly about anything in your neighborhood.
Share something with your neighbors.What's on your mind?What's on your mind?Make an announcement, speak your mind, or sell somethingPost something