Pubdate: Tue, 15 Aug 2000
Source: Alameda Times-Star (CA)
Copyright: 2000 MediaNews Group, Inc. and ANG Newspapers
Contact:  66 Jack London Sq. Oakland, CA 94607
Website: http://www.newschoice.com/newspapers/alameda/times/
Author: Josh Richman, staff writer

COURT OKS MARIJUANA AS MEDICINE

Co-Op Now Free To Dispense To People With Proven Need

An appeals court has denied the federal government's request for a 
temporary emergency order to keep the Oakland Cannabis Buyers Cooperative 
from dispensing marijuana as medicine.

That means the cooperative can abide by a federal judge's rules and begin 
handing out the drug to people who meet certain medical and legal 
requirements. Robert Raich, the cooperative's attorney, would not say 
Monday whether that was happening yet.

"The Oakland Cannabis Buyers Cooperative is complying fully and faithfully 
with the amended injunction," he said, declining further comment.

U.S. Justice Department spokeswoman Gretchen Michael could not be reached 
for comment Monday.

The Oakland cooperative has been at the forefront of California's medicinal 
marijuana debate ever since it was the only one of six Northern California 
clubs to appeal a federal judge's 1998 closure order. The 9th U.S. Circuit 
Court of Appeals last year told that judge to reconsider, and the judge 
last month ruled the cooperative could start dispensing again because the 
government failed to dispute a medical necessity for marijuana despite its 
prohibition under federal law.

The government is appealing that ruling, but the 9th Circuit on Friday 
refused to stop the cooperative from dispensing during the appeal process.

Raich said the government must file its brief by Aug. 22, and the 
cooperative must file its answer by Sept. 19. The government will have two 
weeks after that date to file an optional reply, and then the appellate 
court will decide whether it wants to schedule oral arguments.
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