Pubdate: Thu, 14 May 1998 Source: Reuters World Report Author: Andrew Quinn U.S. JUDGE MOVES TO CLOSE CALIF. MARIJUANA CLUBS SAN FRANCISCO, May 14 (Reuters) - A federal judge has moved to close California's medical marijuana clubs, saying the government was likely to prove that their operations violate federal anti-drug laws. In what could be a final blow to California's medical marijuana movement, U.S. District Judge Charles Breyer said he was ready to issue a preliminary injunction despite the clubs' arguments that they stave off death and disease for thousands of people suffering from AIDS, cancer and other serious illnesses. "The only issue before the Court is whether the defendants' conduct violates federal drug laws," Breyer said in his ruling, issued late Wednesday. "The Court concludes that the federal government has established that it is likely that it does." Breyer said he would issue injunctions against six northern California medical marijuana clubs named in federal suits after both sides submit final written statements next Monday. The ruling was hailed by federal officials, who have fought to close the clubs despite Prop. 215, California's pioneering 1996 state law which legalized the use of marijuana for medical purposes under the direction of a doctor. "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 Thursday. "I call on all of the marijuana distribution clubs in California to take cognizance of this order and voluntarily shut down." But the clubs vowed to fight on -- taking heart from Breyer's refusal to grant a government request for a permanent injunction and summary judgment. Club attorneys said most would probably continue to operate despite the injunction, a move which could draw contempt of court proceedings and trial before a jury. "We look forward to being vindicated by a jury of Californians, who recognize the medical value of marijuana," said Robert Raich, an attorney representing the Oakland Cannabis Buyers' Cooperative. "The government has been told today that its policy of banning medical marijuana could be put on trial as a result of this case," said Dave Fratello, a spokesman for Americans For Medical Rights, one of the sponsors of the 1996 state law. "Many of us relish the prospect of that kind of fight, because it is winnable." Government attorneys have said their case against the clubs is not an attack on the California measure, which allowed medical use of marijuana under specific, tightly-defined circumstances. California's state courts have already ruled that the 20-odd clubs around the state are illegal because they are not "primary caregivers" to their members - a condition set by the state law. Federal officials have attacked the club operations and accused them of using the law as an excuse to peddle marijuana to the public at large, an "outright and flagrant" violation federal anti-marijuana laws. Breyer's ruling Wednesday was extremely cautious, and he emphasized that it by no means resolved the medical marijuana issue or declared Prop. 215 unconstitutional. While he said the clubs had so far not found the right argument to justify their operations, he said his ruling did not foreclose "the possibility of a medical necessity or constitutional defense" in any future proceeding. REUTERS Copyright 1998 Reuters Ltd. All rights reserved. - --- Checked-by: Melodi Cornett