Pubdate: Sat, 15 Jul 2000
Source: Sacramento Bee (CA)
Copyright: 2000 The Sacramento Bee
Contact:  P.O.Box 15779, Sacramento CA 95852
Feedback: http://www.sacbee.com/about_us/sacbeemail.html
Website: http://www.sacbee.com/
Forum: http://www.sacbee.com/voices/voices_forum.html
Author: Christine Hanley, Associated Press Writer

FEDERAL JUDGE MIGHT MODIFY MEDICAL MARIJUANA INJUNCTION

SAN FRANCISCO (AP) -- A federal judge hinted he may be forced to allow an 
Oakland club to distribute marijuana for medicinal purposes because the 
government hasn't proven that seriously ill patients should be denied the drug.

During a brief hearing Friday, U.S. District Judge Charles R. Breyer 
indicated he would have little other choice since the government didn't 
offer any new arguments why it would not be in the public's interest to 
exempt some patients from federal narcotics laws.

Breyer noted that the 9th U.S. Circuit Court of Appeal found the government 
had not yet rebutted evidence that cannabis is the only effective treatment 
for a large group of seriously ill individuals, and directed him to rethink 
a 1998 injunction he issued.

"I see no reason why I would not modify the injunction," Breyer said, 
interjecting wry explanations of how he was just following orders of the 
appeals court. "I don't see that there's an issue for me to decide here 
...The record today is the same as when it went to the 9th Circuit."

Breyer indicated he would rule on the matter on Monday.

U.S. Justice Department spokeswoman Gretchen Michael said officials would 
have no comment until they an order is issued.

Annette P. Carnegie, one of the attorneys representing the Oakland Cannabis 
Buyers' Cooperative, and Jeffrey Jones, the owner of the club and the lead 
defendant, said they are cautiously optimistic the judge will rule in their 
favor.

"We're on pins and needles," Carnegie said, acknowledging she expected the 
government, should it lose its case, would petition the U.S. Supreme Court 
for a hearing.

The development came the same day the city of San Francisco announced a new 
program to hand out ID cards to patients who -- with doctors' permission -- 
can legally obtain marijuana, and the day after researchers from the 
University of California-San Francisco found that pot use did not interfere 
with the action of protease inhibitors, the anti-viral drugs that keep HIV 
in check.

"In light of the last two-days' worth of events, it's time for the federal 
government to reschedule medical cannabis," Jones said.

Until Breyer issues an official ruling, it is unclear how narrow or broad 
the ramifications will be in a complex case that addresses the conflict 
between California's medical marijuana initiative, passed in 1996 as 
Proposition 215, and federal narcotics regulations.

Proposition 215 allows seriously ill patients to grow and use marijuana for 
pain relief, with a doctor's recommendation, without being prosecuted under 
state law. Advocates say only marijuana can make certain treatments for 
AIDS and cancer bearable, and ease pain from glaucoma and other conditions.

But federal law says marijuana has no medical purpose and cannot be 
administered safely under medical supervision. And in that vein, the 
Justice Department sued the Oakland Cannabis club and five others in 
Northern California to try and shut them down.

Breyer issued an injunction in May 1998 prohibiting the clubs from 
distributing marijuana while the lawsuit was pending, prompting three of 
the clubs to close.

But last September, the 9th Circuit appeals court told Breyer to reconsider 
keeping the injunction in force as originally written, finding the Oakland 
club showed ample evidence that there are patients who face imminent harm 
without the drug and have no effective legal alternative.

"The evidence in the record is sufficient to justify the requested 
modification," the appellate court ruled.
- ---
MAP posted-by: Jo-D