Source: San Francisco Examiner (CA) Contact: http://www.sfgate.com/ Pubdate: Wed, 25 Mar 1998 Author: Emelyn Cruz of the Examiner Staff FEDS HIT COURT TO SHUT DOWN POT CLUBS Prosecutor argues Proposition 215 is illegal because U.S. narcotics laws override it Federal prosecutors pressed on with efforts to shut down several Bay Area cannabis clubs, arguing that federal drug laws supersede the state initiative legalizing the medicinal use of marijuana. "In this case, there are unambiguous violations of federal law," said prosecutor Mark Quinlivan, as he urged U.S. District Judge Charles Breyer to issue an injunction against the clubs. Federal narcotics laws make it unlawful to cultivate, distribute or possess marijuana. Quinlivan argued that federal laws override California's Proposition 215, the initiative passed by voters in 1996 legalizing the cultivation and medical use of marijuana by patients with AIDS, cancer, glaucoma and a variety of other illnesses. However, attorneys for the cannabis clubs asked the judge to dismiss the government's suit, saying their clients' activities are legal, justified and exempt from the federal Controlled Substances Act. Tony Serra, lawyer for defendants Dennis Peron and his San Francisco-based Cannabis Cultivators Club, urged the judge to balance the moral and ethical issues of the case. "For those who are dying, marijuana is not a choice," Serra said. "It's a matter of necessity. It's a matter of hope versus despair." District Attorney Terence Hallinan also weighed in, saying that if the judge ordered the closure of pot clubs, "It would create a law enforcement and public health crisis in San Francisco." Breyer, who listened to both sides for nearly four hours, asked lawyers to file additional legal briefs outlining their position by April 16 and said he would rule on the injunction after that date. Federal officials had filed civil suits in January seeking to halt the operations of six clubs. Those targeted were: Dennis Peron's Cannabis Cultivators Club and Flower Therapy Medical Marijuana Club in San Francisco; Cannabis Buyers' Cooperative in Oakland; Cannabis Buyers Club in Santa Cruz; Cannabis Buyers Club in Ukiah, and Marin Alliance for Medical Marijuana in Fairfax. Two of the clubs, Flower Therapy and the Cannabis Buyers Cooperative in Santa Cruz, have since closed. The other 11 clubs in the state, including major clubs in Los Angeles and San Jose, were not named in the civil suit. Mayor Brown and mayors from Oakland, Santa Cruz and West Hollywood opposed the suit and wrote a letter to President Clinton last week saying that seriously ill people would suffer and that many would turn to street dealers to buy the drug. San Francisco city officials including Hallinan and Supervisors Tom Ammiano and Gavin Newsom spoke to more than 200 activists at a noon rally Tuesday denouncing the federal suit and pledging support for medicinal marijuana. The City's leadership is committed to preserving the right to medicinal marijuana for the seriously ill, Newsom said. "With that kind of will and collective support, I'm confident we'll be able to provide some solutions," he said. Hallinan suggested The City's health department become involved in the event federal officials prevail in their efforts to close the clubs. However, at a press conference, U.S. Attorney Michael Yamaguchi said federal law would also bar The City from dispensing marijuana. "It has been suggested that local government might step in and distribute marijuana if the clubs closed down," Yamaguchi said. "Without prior approval from both the Food and Drug Administration and the Drug Enforcement Administration, such distribution would be illegal." In legal briefs, government lawyers contend the cannabis clubs distributed, manufactured and possessed marijuana in clear violation of federal law. Justice Department officials also cited an undercover investigation by the DEA, which allegedly revealed that the cannabis clubs were lax in verifying patient identification and distributed marijuana to people who did not claim to be in severe pain or suffering from serious illness. They cited six separate instances during which marijuana was sold to undercover agents. The clubs cited a number of defenses. They argued that the federal officials had no jurisdiction over marijuana cultivated and distributed within the state and that their clients violated federal law in order to prevent greater harm. "Defendants' activities, which are condoned by state law, have no relation to the illicit interstate trafficking Congress sought to proscribe," cannabis club lawyers wrote in their legal brief. They also contend that closing down the cannabis clubs would increase black market pot sales. )1998 San Francisco Examiner