Pubdate: Sat, 17 Oct 1998
Source: San Jose Mercury News (CA)
Copyright: 1998 Mercury Center
Contact:  http://www.sjmercury.com/
Author: E. Mark Moreno, Mercury News Staff Writer

OAKLAND MARIJUANA CLUB IS GIVEN WEEKEND REPRIEVE

The Oakland Cannabis Buyers' Cooperative was granted a reprieve by a
federal court until Monday, when it may have to close its doors or be
forcibly shut down by U.S. marshals.

In a ruling earlier this week, U.S. District Judge Charles Breyer
found the club in violation of federal law and ordered it closed by 5
p.m. Friday. But hours before the deadline, Breyer agreed to give the
club until Monday instead, on condition that its attorneys file a
preliminary appeal by 5 p.m. Friday -- which they did.

If the 9th Circuit Court of Appeals decides to review the case, it
could allow the 2,200-member club to stay open and continue
distributing medicinal marijuana until the case is resolved. Attorneys
expect to get an answer by Monday.

``For now we're still happy we have the weekend,'' said Drew Steckler,
an attorney representing the cooperative. ``At least we can have it
open for people who have the necessity'' for pot.

But if the appeals court does not extend the deadline Monday, the
cooperative on Broadway in downtown Oakland could at any time be
raided and shuttered by federal marshals.

The Oakland City Council is scheduled to vote Tuesday night on whether
to declare a state of emergency that would allow the city to take up
the role of providing marijuana to those with painful ailments.
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Checked-by: Patrick Henry