Pubdate: Wed, 01 Aug 2001
Source: Seattle Post-Intelligencer (WA)
Copyright: 2001 Seattle Post-Intelligencer
Contact:  http://www.seattle-pi.com/
Details: http://www.mapinc.org/media/408
Author: Lewis Kamb

MARIJUANA CO-OP CLOSES AFTER WARNING BY POLICE

The co-founder of a local co-operative that supplies marijuana to scores of 
patients suffering from AIDS and other health conditions closed down 
operations this week after receiving a letter from Seattle police saying 
her actions may violate state law.

JoAnna McKee of Green Cross Co-operative said yesterday that she received a 
letter from the commander of the Police Department's narcotics division 
requesting that Green Cross "cease and desist" delivery of marijuana in the 
manner it currently does.

"We got the letter late Friday, and we didn't open our doors on Monday," 
McKee said.

Green Cross, which McKee said delivers marijuana to about 20 
doctor-approved patients per day, four days a week, has suspended 
operations while the co-operative's lawyers work with police and 
prosecutors to resolve the matter.

At issue is a difference in views of state law over the way medical 
marijuana can be legally distributed to patients who have received 
permission from doctors to use it.

The department's letter, sent to McKee by Narcotics Division Capt. Jim 
Pryor, says state law requires that a person delivering marijuana for 
medical use "be the primary caregiver to only one patient at any one time."

In the view of police and prosecutors, the letter says, that means that 
each patient may have only one caregiver, and each caregiver only one patient.

But McKee sees things differently, saying that because she deals with 
patients individually -- one at a time -- she is within legal guidelines.

Seattle police Sgt. John Hayes said yesterday that the letter was prompted 
in light of recent citizens complaints and a Supreme Court ruling that cast 
doubt on legal medical marijuana use.

In May, the top court ruled that marijuana grown and sold for medical 
purposes is not protected from prosecutions under federal anti-drug laws. 
The decision involved a California case, but did not overturn California's 
medical-marijuana law or similar laws in eight other states, including 
Washington. Initiative 692, which allows marijuana use for medical purposes 
in Washington, went into effect in December 1998. Since then, no county 
prosecutor has filed charges over medical marijuana.
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