Pubdate: Wed, 26 Jul 2000 Source: Alameda Times-Star (CA) Copyright: 2000 MediaNews Group, Inc. and ANG Newspapers Contact: 66 Jack London Sq. Oakland, CA 94607 Website: http://63.147.65.8/ COURT'S NEW MARIJUANA STANCE SHOULD HOLD LAST week a U.S. district judge issued a landmark decision that paves the way for a radical change in the use of marijuana for medicinal purposes. Judge Charles R. Breyer modified a two-year injunction to allow the Oakland Cannabis Buyers Cooperative to dispense marijuana to members with serious illnesses. His injunction had blocked six Northern California facilities from doing business, and it stays in force for the remaining five. We applaud the judge's decision as reasonable and compassionate. Further, we would like to congratulate the Oakland cooperative for pursuing its case in a responsible and level-headed manner. People who suffer from cancer, AIDS and other serious illness have found marijuana reduces nausea and boosts their appetite. Patients have also reported it reduces the symptoms of a range of diseases, from glaucoma and arthritis to multiple sclerosis. In recognition of the benefits to the seriously ill, California voters in 1996 passed Proposition 215 which allows the distribution and use of marijuana for medicinal purposes. Cooperatives and clubs made up of seriously ill people began dispensing the substance to their members. However, the law was challenged by the U.S. Justice Department -- which argued the federal law forbids marijuana distribution and use and supersedes the state law. In 1998, Breyer issued an injunction and closed the Oakland cooperative and five other clubs in Northern California. The Oakland club stopped dispensing marijuana to 2,500 members and appealed the decision. In September, the 9th U.S. Circuit Court of Appeals ordered Breyer to reconsider the case and allowed the Oakland cooperative to make the claim for the medical necessity of dispensing marijuana. In a move that surprised some who have been watching the case closely, the lawyers for the government failed to follow the appeals' court directive. They restated their argument that the federal law prohibits distribution and use of the substance and failed to address the issue of medical necessity. That left Breyer with little choice but to alter the injunction. As government attorneys are well aware of the importance of following a court of appeals' directive, some observers suspect the failure to do so was a way for the government to make a graceful exit from the case, allowing the distribution of medicinal marijuana to go forward. The Justice Department has until Friday to decide whether to contest the appeals court's ruling to send the case back to Breyer for reconsideration. California Attorney General Bill Lockyer and the California Medical Association have contacted U.S. Attorney General Janet Reno, asking her not to appeal the decision. We hope she follows their advice. With the recent finding that marijuana does not harm AIDS patients who use it to ease their symptoms, there is increasing evidence of the value of the substance. We believe the resistance to medicinal marijuana is an outdated, over-reaction and a misunderstanding of the use. This isn't about children smoking pot in the garage. This is about seriously ill people finding relief. As a growing number of states have decided, including Alaska, Arizona, Hawaii, Maine, Nevada, Oregon and Washington, allowing medicinal marijuana use is compassionate, not criminal. The Oakland Cooperative has demonstrated the issue can be handled responsibly. While some other advocates of medicinal marijuana have taken a confrontational, extremist approach, the Oakland group obeyed the laws as it continued to press for what it believes. That demeanor could only have helped its case. We're proud of the group's perseverance and maturity. We hope Breyer's decision truly is a breakthrough that opens the door for seriously ill people to find relief with the use of medicinal marijuana. - --- MAP posted-by: Jo-D