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The420Guy
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Newshawk: Sledhead
Pubdate: Mon, 17 Jul 2000
Source: Associated Press
Copyright: 2000 Associated Press
Author: Christine Hanley, Associated Press Writer
JUDGE OKS POT FOR OAKLAND CLUB
SAN FRANCISCO (AP) - A federal judge on Monday cleared the way for an Oakland club
to distribute marijuana for medicinal purposes, saying the government hasn't proven why
seriously ill patients should be denied the drug.
The decision will allow the Oakland Cannabis Buyers' Cooperative to provide cannabis to
members who face imminent harm from a serious medical condition and have found that legal
alternatives to marijuana don't work or cause intolerable side effects.
``We believe this is the tip of the iceberg,'' said John Entwhistle, a spokesman for Californians
for Compassionate Use, the lobbying group that wrote the state's medical marijuana initiative,
known as Proposition 215. ``We think at least the feds are starting to recognize the strength
and reality of the medical necessity of using marijuana as medicine, at least for certain
conditions.''
Justice Department spokeswoman Gretchen Michael said officials were reviewing the decision
by U.S. District Court Charles R. Breyer. She had no further comment.
The victory for the Oakland club is only the latest development in a years-old conflict
between federal drug regulations and Proposition 215, which has been tangled up in court
since California voters approved it in 1996.
The state initiative allows seriously ill patients to grow and use marijuana for pain relief, with
a doctor's recommendation, without being prosecuted under state law. But federal law says
marijuana has no medical purpose and cannot be administered safely under medical
supervision.
In allowing the Oakland club to operate, Breyer modified an injunction he issued in 1998 that
shut down that club and five others. In his ruling Monday, he noted that the U.S. 9th District
Court of Appeal ordered him to consider an exemption for patients who face imminent harm
and have no effective legal alternative to marijuana. The Oakland club was the only one that
had appealed.
Measures similar to the California's marijuana initiative have passed in Alaska, Arizona,
Hawaii, Maine, Nevada, Oregon and Washington, and Entwhistle said Breyer's ruling is the
latest sign that the federal government's position is weakening.
MAP posted-by: Doc-Hawk
Pubdate: Mon, 17 Jul 2000
Source: Associated Press
Copyright: 2000 Associated Press
Author: Christine Hanley, Associated Press Writer
JUDGE OKS POT FOR OAKLAND CLUB
SAN FRANCISCO (AP) - A federal judge on Monday cleared the way for an Oakland club
to distribute marijuana for medicinal purposes, saying the government hasn't proven why
seriously ill patients should be denied the drug.
The decision will allow the Oakland Cannabis Buyers' Cooperative to provide cannabis to
members who face imminent harm from a serious medical condition and have found that legal
alternatives to marijuana don't work or cause intolerable side effects.
``We believe this is the tip of the iceberg,'' said John Entwhistle, a spokesman for Californians
for Compassionate Use, the lobbying group that wrote the state's medical marijuana initiative,
known as Proposition 215. ``We think at least the feds are starting to recognize the strength
and reality of the medical necessity of using marijuana as medicine, at least for certain
conditions.''
Justice Department spokeswoman Gretchen Michael said officials were reviewing the decision
by U.S. District Court Charles R. Breyer. She had no further comment.
The victory for the Oakland club is only the latest development in a years-old conflict
between federal drug regulations and Proposition 215, which has been tangled up in court
since California voters approved it in 1996.
The state initiative allows seriously ill patients to grow and use marijuana for pain relief, with
a doctor's recommendation, without being prosecuted under state law. But federal law says
marijuana has no medical purpose and cannot be administered safely under medical
supervision.
In allowing the Oakland club to operate, Breyer modified an injunction he issued in 1998 that
shut down that club and five others. In his ruling Monday, he noted that the U.S. 9th District
Court of Appeal ordered him to consider an exemption for patients who face imminent harm
and have no effective legal alternative to marijuana. The Oakland club was the only one that
had appealed.
Measures similar to the California's marijuana initiative have passed in Alaska, Arizona,
Hawaii, Maine, Nevada, Oregon and Washington, and Entwhistle said Breyer's ruling is the
latest sign that the federal government's position is weakening.
MAP posted-by: Doc-Hawk