Pubdate: Thu, 15 Oct 1998
Source: San Jose Mercury News (CA)
Copyright: 1998 Mercury Center
Contact:  http://www.sjmercury.com/
Author: E. Mark Moreno with contribution from Rodney Foo

POT CLUB TO FIGHT COURT RULING

Medicinal Marijuana: Oakland Cooperative Considers Several Options For
Remaining Open.

The Oakland Cannabis Buyers' Cooperative vowed Wednesday to fight a
federal court ruling that would prevent it from providing medical
marijuana, either through an appeal or perhaps by breaking up into
smaller, independent groups.

In his Tuesday ruling, U.S. District Judge Charles Breyer rejected the
club's arguments that the federal government's ban on medical
marijuana violates patients' constitutional rights to relieve pain.
His ruling allows federal marshals to close the 2,200-member club by 5
p.m. Friday.

But at a news conference Wednesday, club attorney Robert Raich said he
intended to file a motion with Breyer to extend the deadline or modify
it to allow the cooperative to remain open. If the judge refuses or
does not respond by today, Raich said, he will seek a temporary stay
of the order from the 9th U.S. Circuit Court of Appeals.

If a stay is granted, club officials -- who had sought a jury trial on
the matter -- will then file an appeal with the 9th Circuit.

Raich also said the club could break into smaller groups operating
outside the cooperative, ``little pieces too small for the government
or anyone else to stop.''

If the stay is not granted, executive director Jeff Jones said, he
does not know what the club will end up doing. He listed three
options: close the club, wait for federal marshals to close it or
organize members into smaller groups outside the cooperative.

Club members said whatever happens with the cooperative, they will
still provide seminars on how to grow marijuana for medicinal purposes.

If the cooperative closes, Oakland City Councilman Nate Miley said
Wednesday, he will ask the city to declare a state of emergency and
examine whether the city ``has to take up this role'' as a dispenser
of medical marijuana. City officials have been behind the operation
ever since its founding two years ago.

The U.S. government filed civil lawsuits in January against six
Northern California buyers clubs that provided medicinal marijuana.
This came despite the passage in 1996 of state Proposition 215, which
legalized the medicinal use of pot. The Justice Department contended
that federal law banning marijuana distribution overrides the
California law.

The outcome in California could have nationwide impact. Similar
initiatives are on the ballots of six other states in the November
elections.

Three clubs -- in San Francisco, Santa Cruz and San Jose -- have been
shut down.

The Santa Clara County Medical Cannabis Center closed after San Jose
police raided its office in March. Co-founder Peter Baez was charged
with five counts of illegally selling marijuana and one count each of
maintaining a drug house and grand theft.

No trial date has been set for Baez, who has pleaded not guilty,
Deputy District Attorney Rob Baker said.

A club in Ukiah remains open.

Another cooperative, the Marin Alliance for Medical Marijuana, was
granted the right to a jury trial because evidence of sales there
after the injunction came down was insufficient. On Tuesday, Breyer
ruled that the Marin club could remain open until an upcoming trial.

However, Breyer denied the Oakland cooperative the chance to seek a
jury trial, which club members had wanted.

The judge recognized the ``human suffering'' a shutdown would cause
but said that ``federal law prohibits the distribution of marijuana to
seriously ill persons for their personal medical use.''
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Checked-by: Patrick Henry