Pubdate: Tue, 29 Aug 2000
Source: Reuters
Copyright: 2000 Reuters Limited.
Bookmark: MAP's link to Medicinal Cannabis items:
http://www.mapinc.org/mmj.htm

US HIGH COURT BARS MEDICAL MARIJUANA DISTRIBUTION

WASHINGTON, Aug 29 (Reuters) - The U.S. Supreme Court granted on
Tuesday an emergency request from the U.S. Justice Department to stop
a California club from distributing marijuana to seriously ill patients.

The nation's high court issued a stay of an order by a federal judge
in San Francisco that would have allowed the Oakland Cannabis Buyers'
Cooperative to distribute the drug for medicinal purposes.

On July 17, U.S. District Court Judge Charles Breyer told the club it
could serve sick people, such as AIDS and cancer patients, who would
suffer ``imminent harm'' if they do not get cannabis.

Breyer ruled the Oakland cooperative could dispense marijuana to
patients who have serious medical conditions, would suffer ``imminent
harm'' without the drug, need marijuana to treat or alleviate
symptoms, and have no reasonable and effective legal alternative to
marijuana in their treatment.

The Supreme Court put Breyer's order on hold, pending final
disposition of an appeal before the U.S. appeals court in California
and further order by the justices.

Justice John Paul Stevens was the lone dissenter. He said the Justice
Department had ``failed to demonstrate that the denial of necessary
medicine to seriously ill and dying patients will advance the public
interest.''

He also said the Justice Department did not show that the distribution
of medicinal marijuana ``will impair the orderly enforcement of
federal criminal statutes.''

Stevens said he would deny the ``extraordinary relief'' sought by the
government.

Justice Stephen Breyer did not participate in the case. His brother
was the judge who issued the order at issue.

A Justice Department spokeswoman had no comment on the Supreme Court's
action.
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MAP posted-by: Richard Lake