Source: Oakland Tribune Contact: Fri, 15 May 1998 Author: Monica Gyulai, staff writer JUDGE TELLS MEDICINAL MARIJUANA CLUBS THEY'RE GOING DOWN A federal judge Thursday told a half-dozen Northern California medical marijuana clubs he plans to shut them down for violating federal drug laws. The federal government and club owners have until Monday to respond to the proposed order by U.S. District Judge Charles R. Breyer, but both parties anticipated the preliminary injunction would be signed. Each side balled the decision as a victory in their battle over the 1996 state Initiative that legalized marijuana for the seriously ill. "Federal law is clear and Judge Breyer's opinion is clear - the distribution or cultivation of marijuana is unlawful," U.S. Attorney Michael Yamaguchi said. De said all medical mari-juana clubs in the state should close voluntarily in light of the decision. Club owners have different plans. By staying open, operators will risk contempt or criminal charges that would pave the way for a jury trial. "Judge Breyer has found a way to let a jury of Californians decide what they think is appro-priate," said Oakland attorney Robert Raich, who represents the Oakland Cannabis Buyers' Cooperative. "We know Californians recognize cannabis as medicine. We look forward to bringing this case before Northern Californians, and we look forward to vindication." Breyer could issue the injunction as early as Tuesday. The federal government then would have to decide whether to go after clubs in Oakland, Ukiah, Santa Cruz, Mann County and two in San Francisco. Although more than 30 medical marijuana clubs may be in the state, only six were named in the lawsuit. "We plan on staying open until they take us away," said Jeff Jones, executive director of the Oakland Cannabis Buyers' Cooperative. In November 1996, 56 percent of state voters approved Proposition 215, making it legal under California law for seriously ill patients and their primary care givers to possess and cultivate marijuana. But federal, state and local officials and medical marijuana advocates have battled over the specifics of the initiative and whether it should be defended or discarded. Breyer's decision responded to a lawsuit filed by the federal government in January charging that six Northern California cannabis clubs violate the federal Controlled Substances Act. Breyer wrote in his 27-page decision that "there is a strong likelihood" Prop. 215 violates federal law. He ruled that state law legalizing medical marijuana does not override the federal ban. - --- Checked-by: (Joel W. Johnson)