Pubdate: Tue, 18 Jul 2000 Source: Arizona Daily Star (AZ) Copyright: 2000 Pulitzer Publishing Co. Contact: http://www.azstarnet.com/ Author: Christine Hanley The Associated Press Bookmark: MAP's link to medical marijuana items: http://www.mapinc.org/mmj.htm MEDICAL POT RULING GIVES OK TO CALIF. CLUB SAN FRANCISCO - A federal judge yesterday cleared the way for an Oakland club to distribute marijuana for medicinal purposes, saying the government hasn't proved 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 yesterday, he noted 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. Marijuana recipients must meet several criteria, including "imminent harm" if they do not have access to cannabis. - --- MAP posted-by: Richard Lake