Since 1999, Berkeley Patients Group (BPG) has been a bulwark of the California cannabis community and a key stakeholder in the industry’s evolution. As one of the oldest dispensaries in the United States, BPG has earned a strong reputation for providing access in a compassionate, patient-focused manner—an art that sometimes is overlooked as the industry pushes ahead with adult-use legalization. But with roots deeply planted during the first wave of the medical-cannabis movement, BPG has remained committed to medical-grade quality and service even while expanding its selection of products to meet the needs of an evolving consumer base.
From the beginning, the pioneering dispensary invested in not only building a community around compassion and care but also advocacy.
“We were the second generation of dispensaries in California, the first being Dennis Peron,” said Vice President Etienne Fontan. [Peron founded the San Francisco Cannabis Buyers Club, the first public cannabis dispensary in California, in 1991. —Ed.] “Our founder, Jim McClellan, decided to open up shop because he was an AIDS patient; he knew the needs of the community and felt the need to be there for them. That happened to be in the way of providing medical cannabis and other free ancillary services like acupuncture, massage, and on-site consumption.”
Fontan refers to the early years as “the dark days,” when—depite California voters legalizing medical use in 1996 with approval of Proposition 215—dealing in plant medicine remained mostly underground and risky. Initially, the law allowed cultivation and personal use with a physician’s recommendation, but the legality of sales was anything but straightforward.
“For the most part, [we were engaging in] outright federal disobedience,” he said. “We were hiring activists only, and we were expecting to be arrested any day and every day. That was the reality we faced. And against our lawyer’s wishes, we documented everything. We always felt we were going to have to fight this in court, and back then, there was no federal defense for medical cannabis.”
In the early 2000s, BPG played a critical role in the medical movement, pushing for changes to the legal framework. The dispensary’s staff was instrumental in educating the public and lawmakers about the plant’s medicinal benefits, working with local organizations to provide resources to patients who needed those benefits most. Such advocacy was key in shaping the dispensary’s reputation for compassion.
“BPG has always been by patients, for patients,” Fontan said. “I’m a Desert Storm combat veteran and a pre-[Prop] 215 patient on top of that. I learned early on that my medicine was illegal, and I got tired of making criminals out of my friends just to have access. So, our team decided to use our white privilege to push the issue, not only in our actions, but to fund activism around us. Americans for Safe Access came out of BPG; so did the National Cannabis Industry Association and others. We’ve always come from an activist background, stalwart in our belief that we’d rather sacrifice ourselves for the future than sit around and rest on laurels.”
Between 2007 and 2012, as the result of letter-writing campaigns and coordinated attacks by federal prosecutors, BPG was evicted from several locations and had its assets seized. In one instance, the dispensary had to move because it was sixteen feet too close to a school (even though the city had approved on-site consumption at the spot). For five months in mid-2012, the group pivoted to a delivery model until finding the location in which the dispensary currently operates. The doors reopened December 19, 2012.
In 2014, the Rohrabacher-Farr amendment halted federal harassment by prohibiting the Department of Justice from using federal funds to interfere with state-legal cannabis programs—but not before the feds initiated a forfeiture action against the property BPG leased in an attempt to shutter the dispensary and three others in the state. More than three years later, one week before California voters approved adult use at the polls in November 2016, federal prosecutors dismissed the case with prejudice, setting a significant legal precedent.
But challenges continued.
“We got hit with [Internal Revenue Code Section] 280E a year and a day after that,” Fontan said, chuckling. “But we’ve won seven out of seven legal fights over the past twenty-five years. So, when people ask, ‘How was it pioneering cannabis?’ I say, ‘A lot of bumps, bruises, knives, and swords.’ We sustained a lot of cut wounds, but somehow we didn’t bleed out and we’re still standing strong today.
“And when people ask, ‘Did you ever anticipate being here twenty-five years later?’ I say, ‘No, we expected to go to jail,’” he continued. “When I was a post-war activist thirty years ago, people were saying, ‘Hey, kid, give it up.’ But, fortunately, enough of us activists didn’t listen.”
Today, BPG caters to both medical patients and adult-use consumers, offering education, a curated selection of products, and a team of experts ready to guide each visitor through the process. The store’s appearance hasn’t changed much since its reopening in 2012, but part of the dispensary’s charm is in the comfort of familiarity. A bright, cozy design and cheerful staff keep locals returning for camaraderie along with their cannabis.
“We’re still a compassionate center, but our move into the adult-use sector has resulted in a surprising shift in demographics,” Fontan said. “The amount of older, retired women we started seeing really surprised me. Some of them come in because they’re retired and no longer have to take a piss test, and a lot of them are seeking insomnia relief. But in general, they’ve found a modality and an entry point that is comfortable for them to access.
“The consumer base is generally becoming more widely understanding of these different modalities and needs,” he added. “Just look at the shift in gummies alone. We see them in cannabis, but look at how many other multivitamin and medicine brands are now using gummies because that form is more palatable for people. That started with cannabis.”
Despite the shift, BPG remains committed to the medical community. Just as it always has, the team still finds ways to provide plant medicine to patients who can’t afford it.
“We’re proud to have arrived here,” Fontan said. “The horizon looks bright, even if we’re in a somewhat dim period. We look forward to continuing to work toward federal and international change, and we’re thankful for all the people who helped us get here.”
