Pubdate: Tue, 18 Jul 2000
Source: Bakersfield Californian (CA)
Copyright: 2000, The Bakersfield Californian.
Contact:  PO Box 440, Bakersfield, CA 93302-0440
Website: http://www.bakersfield.com/

CLUB TO PASS OUT POT TO SICK

SAN FRANCISCO (AP) - A federal judge on Monday cleared the way for an 
Oakland club to distribute marijuana for medicinal purposes, saying the 
government hasn't proved why seriously ill patients should be denied the drug.

The decision will allow the Oakland Cannabis Buyers' Cooperative to provide 
cannabis to members who face imminent harm from a serious medical condition 
and have found that legal alternatives to marijuana don't work or cause 
intolerable side effects.

"We believe this is the tip of the iceberg," said John Entwhistle, a 
spokesman for Californians for Compassionate Use, the lobbying group that 
wrote the state's medical marijuana initiative, known as Proposition 215. 
"We think at least the feds are starting to recognize the strength and 
reality of the medical necessity of using marijuana as medicine, at least 
for certain conditions."

Justice Department spokeswoman Gretchen Michael said officials were 
reviewing the decision by U.S. District Court Judge Charles R. Breyer. She 
had no further comment.

The victory for the Oakland club is only the latest development in a 
years-old conflict between federal drug regulations and Proposition 215, 
which has been tangled up in court since California voters approved it in 1996.

The state initiative allows seriously ill patients to grow and use 
marijuana for pain relief, with a doctor's recommendation, without being 
prosecuted under state law. But federal law says marijuana has no medical 
purpose and cannot be administered safely under medical supervision.

In allowing the Oakland club to operate, Breyer modified an injunction he 
issued in 1998 that shut down that club and five others. In his ruling 
Monday, he noted that the U.S. 9th District Court of Appeal ordered him to 
consider an exemption for patients who face imminent harm and have no 
effective legal alternative to marijuana. The Oakland club was the only one 
that had appealed.

Measures similar to California's marijuana initiative have passed in 
Alaska, Arizona, Hawaii, Maine, Nevada, Oregon and Washington.
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MAP posted-by: Jo-D