Pubdate: Tue, 20 Oct 1998
Source: San Francisco Examiner (CA)
Copyright: 1998 San Francisco Examiner
Contact:  http://www.examiner.com/
Author: Robert Selna

OAKLAND POT CLUB CLOSES ITS DOORS

Director Says Ruling Will Force Clients To Seek Street Drugs

Oakland's medical marijuana club has closed its doors.

The end came Monday after the U.S. 9th Circuit Court of Appeals in San
Francisco denied a request by lawyers for the Oakland Cannabis Buyers'
Cooperative to keep the club operating during an appeal of a federal
judge's ruling, which found the club in contempt of court for
continuing to distribute marijuana in violation of federal law.

At a rally Monday protesting the cooperative's closing, leaders of the
2,200-member club, one of the larger ones in the state, said they
would cooperate with the court's decision, but expressed their
disappointment. "I think this is sad and irresponsible, and it makes
me feel like I don't want to be an American," said Jeff Jones, the
cooperative's executive director. "All of us here know too well the
imminent harm and suffering that will come to the numerous patients
that have received medicine from the Oakland CBC when we close our
doors tonight."

Jones said the cooperative will work with Oakland officials to try to
find alternative ways to dispense medical marijuana, but that the club
would not open without the support of the courts.

Jones predicted that 1,300 to 1,700 club members will now go to the
street to find the marijuana they need to ease the suffering
associated with AIDS, cancer and numerous other conditions.

Some club members said Monday they would do their best to grow pot at
home, although they said that's not a desirable alternative.

"You have to wait a long time and you are not allowed to grow very
much, so it's hard to depend on," said Tom Wahl, 43, who suffers
chronic pain from a hand smashed by a car jack. His partner, Steven
Scott, 25, said he needs medical marijuana to ease nausea caused by
AIDS.

Proposition 215, passed by California voters in 1996, allowed patients
to legally possess and grow marijuana for a variety of conditions,
including AIDS and cancer, if recommended by a doctor. However, the
initiative clashed with federal laws against distributing the drug.

When U.S. District Judge Charles Breyer issued an injunction in May
barring six Northern California clubs from distributing marijuana,
Oakland city officials responded by designating marijuana club
officials as city agents, invoking a federal law that protects state
and local officers from liability while enforcing drug laws. But
Breyer said the club was violating the drug law, not enforcing it.

Last week, Breyer refused to listen to club lawyer's arguments that
patients had a constitutional right to use the medication of their
choice in order to be free of pain. He also rejected the lawyers'
"necessity" defense, which allows a person to violate a law when it is
the only way to prevent a greater harm. Both of Breyer's decisions are
pending appeal with the 9th Circuit.
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Checked-by: Patrick Henry