Source: San Francisco Examiner 
Pubdate: January 10, 1998
Author: Lisa M. Krieger 
Contact:  
Website: http://www.examiner.com 

U.S. ACTS TO CLOSE POT CLUBS

In a major strike in the federal government's war on California's new
medicinal marijuana law, U.S. Attorney Michael Yamaguchi filed suits to
close six cannabis clubs that distribute the drug to hundreds of Northern
Californians each week. 

Despite the state's Proposition 215, passed by voters in 1996, Yamaguchi
said the federal Controlled Substances Act made it unlawful to cultivate,
distribute or possess marijuana. 

"California's medical marijuana status has no effect on the applicability
of federal drug laws," Yamaguchi said in a Friday press conference. 

"Although California appears to have decriminalized marijuana ... the
federal law governing the distribution, cultivation, and possession of
marijuana has not changed," he said. 

Marijuana activist Dennis Peron, whose San Francisco-based club is targeted
by the probe, said he would fight the action in court and, if necessary,
with civil disobedience. 

Federal officials said an investigation had revealed that the cannabis
clubs distributed marijuana to people who did not claim to be in severe
pain or suffering from serious illness. 

They said the investigation had also found that the clubs were lax in
verifying patient identification and doctors' recommendations and did not
place a limit on the duration of time in which a patient could purchase
marijuana. 

The six clubs targeted are: Dennis Peron's Cannabis Cultivators Cooperative
and Flower Therapy Medical Marijuana Club in San Francisco; Cannabis
Buyers' Cooperative in Oakland; Cannabis Buyers Club in Santa Cruz;
Cannabis Buyer's Club in Ukiah, and Marin Alliance for Medical Marijuana in
Fairfax. 

The other 11 clubs in the state, including major clubs in Los Angeles and
San Jose, were not named in the civil suit. 

But federal investigators -- representing the Drug Enforcement
Administration, the Justice Department's Civil Division, and the U.S.
attorney's office for the Northern District of California -- said Friday's
action did not preclude future action against other clubs. 

"All are being investigated on a case-by-case basis," Yamaguchi said. 

The clubs are being sued in civil and not criminal court as a "measured
response," he said. "We want to send a clear message that they are in
violation of federal law." 

Shares A Cell With Heroin 

Marijuana is a Schedule I controlled substance, along with heroin,
mescaline, LSD, and other drugs. Rescheduling into a lesser category would
require action by Congress. 

The only way for marijuana to be distributed legally would be for it to be
proved safe, effective and reliable under a rigorous system of research and
testing. This would require approval by the U.S. Food and Drug
Administration. 

The clubs are likely to stay open until federal officials are granted an
injunction by the courts to stop operation. A court date has not been set,
but defendants have been told to appear within the next 20 days. 

If the clubs do not close voluntarily, federal marshals will be called in,
Yamaguchi said. 

If the Justice Department prevails in court, as expected, the clubs will
then face a choice: shut down or risk contempt of court. This could entail
a steep fine or time in jail. Simultaneously, the clubs are under fire by
state officials. Last month, the 1st District Court of Appeal ruled that
Peron's club violated the language of Prop. 215. State Attorney General Dan
Lungren, who took Peron to court, has asked local officials to enforce the
ruling, starting next Monday. 

©1998 San Francisco Examiner