Pubdate: Tue, 07 Jun 2005
Source: Oakland Tribune, The (CA)
Copyright: 2005 MediaNews Group, Inc. and ANG Newspapers
Contact:  http://www.oaklandtribune.com/
Details: http://www.mapinc.org/media/314
Author: Heather MacDonald, Staff Writer, Oakland Tribune
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/topics/Raich (Angel Raich)

RULING REVERBERATES THROUGH CITY'S CLUBS

Oakland Dispensaries Try to Allay Customers' Fears of a Possible Federal 
Marijuana Crackdown

OAKLAND - The vibe was decidedly not mellow Monday afternoon at
Oakland's medical marijuana dispensaries.

Possibly because many were worried about drawing the ire of federal
officials, few customers or employees wanted to chat about the U.S.
Supreme Court's decision Monday that allows prosecution of people who
smoke marijuana to relieve pain or nausea for violating federal drug
laws.

Despite some uncertainty, city officials said the ruling would not
change Oakland's commitment to providing cannabis to people whose
doctors recommend or prescribe it.

"It's the right thing to do," said City Council President Ignacio De
La Fuente (Glenview-Fruitvale). "And we'll continue to do it as long
as possible."

A spokesman for Mayor Jerry Brown said he is studying the ruling and
plans to consult with Attorney General Bill Lockyer on the potential
ramifications of the decision. Lockyer said people should not panic,
adding that the decision will have little or no real-world impact.

That was the message Richard Lee, owner of the SR71 Coffeeshop - one
of Oakland's four dispensaries - spread to worried friends and customers.

"The ruling makes the disconnect between federal law and reality all
the more obvious," Lee said. "The federal law is unenforceable. No
jury would convict a sick person."

Lee said it is ironic that he paid $20,000 to renew his dispensary
permit Wednesday, noting that if federal agents attempt to shut him
down, he will show them a permit with the police chief's and mayor's
signatures.

Almost a year ago, the city imposed sweeping new rules on the city's
thriving medical marijuana trade by capping the number of dispensaries
at four, limiting their hours of operation and prohibiting them from
clustering in downtown Oakland or setting up shop near youth centers,
churches or schools.

A report compiled this spring found no major problems associated with
the dispensaries.

Under city regulations, people with a doctor's recommendation or
prescription for medical cannabis may possess 3 pounds of processed
pot, 20 outdoor plants or no more than 72 plants with a diameter of 6
inches or less.

Mike Malik, who works at Oakland Compassionate Relief Center on West
Grand Avenue, said he had expected the ruling and was not alarmed.

"The struggle continues," Malik said. "Our politicians are very
ignorant."

Later this month, the Oakland City Council must implement Measure Z,
approved by voters in November, which makes the possession, sale,
cultivation and distribution of cannabis for private, adult use the
lowest law enforcement priority for the Oakland Police Department.

Lee, who has been appointed to the Measure Z oversight committee by
Councilmember Nancy Nadel (Downtown-West Oakland), said the initiative
would become crucial in allowing sick Oaklanders access to marijuana
if federal agents eventually force the clubs to close.
- ---
MAP posted-by: Richard Lake