Pubdate: Tue, 18 Jul 2000
Source: Fresno Bee, The (CA)
Copyright: 2000 The Fresno Bee
Contact:  http://www.fresnobee.com/man/opinion/letters.html
Website: http://www.fresnobee.com/
Forum: http://www.fresnobee.com/man/projects/webforums/opinion.html
Author: Christine Hanley, Associated Press Writer

FEDERAL JUDGE CLEARS WAY FOR OAKLAND CLUB TO DISTRIBUTE POT TO SERIOUSLY 
ILL PATIENTS

SAN FRANCISCO (AP) -- A federal judge has 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 groundbreaking 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.

Breyer hinted during a hearing Friday that he would modify an injunction he 
issued in 1998, noting 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 appellate court, in its September ruling, found the government had 
failed to rebut evidence that cannabis is the only effective treatment for 
a large group of seriously ill patients.

So in lieu of any new arguments showing why it would not be in the public's 
interest to exempt some patients from federal narcotics laws, Breyer said 
he had little other choice.

"The government continues to press arguments which the 9th Circuit 
rejected, including the argument that the court must find that enjoining 
the distribution of cannabis to seriously ill individuals is in the public 
interest because Congress has prohibited such conduct in favor of the 
administrative process regulating the approval and distribution of drugs.

"As a result of the government's failure to offer any new evidence in 
opposition to defendants' motion, and in light of the 9th Circuit's 
opinion, the court must conclude that modifying the injunction as requested 
is in the public interest and exercise its equitable discretion to do so," 
Breyer wrote.

Specifically, club members receiving medical marijuana must meet the 
following criteria:

- --Suffer from a serious medical condition

- --Face "imminent harm" if they do not have access to cannabis.

- --Need cannabis for treatment of a medical condition or to alleviate 
symptoms associated with a condition.

- --Have no reasonable legal alternative to cannabis for the effective 
treatment or alleviation of a medical condition or symptoms.

The victory for the Oakland club is only the latest development in a 
years-old conflict between federal narcotics 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.

The Justice Department initially sued the Oakland club and five others in 
Northern California to try and shut them down. Breyer's modification 
partially exempts the Oakland club -- the only one to appeal -- from his 
injunction that shut them down.

Measures similar to the California's initiative have passed in Alaska, 
Arizona, Hawaii, Maine, Nevada, Oregon and Washington state, and Entwhistle 
said Breyer's ruling is the latest sign that the federal government's 
position is weakening.

"They used to be the wolf at the door. But now they've been pushed away," 
he said, adding that his group expects the issue to be ultimately decided 
by the U.S. Supreme Court.

"This is the beginning of something very big. It recognizes something we 
knew all along," he said. "We believe the Supreme Court justices, and 
anybody in federal court, will see the truth behind the use of marijuana. 
This drug saves lives."

In Oakland, the news was met with equal optimism at the Cannabis Club.

"It's an historic day," said Jeffrey Jones, the owner and lead defendant in 
the lawsuit. "For the first time in our nation's history, the Controlled 
Substance Act ... has been pierced in a way that allows a controlled 
substance to be given out in a federally exempt way."
- ---
MAP posted-by: Jo-D