Pubdate: Mon, 17 Jul 2000
Source: Associated Press
Copyright: 2000 Associated Press
Author: Christine Hanley, Associated Press Writer

JUDGE OKS POT FOR OAKLAND CLUB

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 proven 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 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 the California's marijuana initiative have passed in
Alaska, Arizona, Hawaii, Maine, Nevada, Oregon and Washington, and
Entwhistle said Breyer's ruling is the latest sign that the federal
government's position is weakening.
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