Source: Associated Press
Pubdate: Fri, 14 Aug 1998
Author: Michelle Locke, Associated Press Writer

OAKLAND MAKES POT CLUB STAFF AGENTS

OAKLAND, Calif. (AP) — Workers at the Oakland Cannabis Buyers' Cooperative
are now city agents, a title designed to shield them from federal
prosecution as they distribute medical marijuana.

The workers will enjoy extra protection with the new designation, a club
lawyer said. The title became official Thursday in a ceremony at which
supporters proclaimed it a trail-blazing move.

``This is a historic day for medical patients' rights across California,''
said Jeff Jones, executive director of the co-op.

Oakland is believed to be the first city to have an official medical
marijuana distribution program.

``We're out on the frontier,'' City Councilman Nate Miley told reporters at
City Hall.

``Today, Oakland has shown the way. I think this is an example that will be
widely emulated in California,'' said Gerald Uelman, a lawyer working with
the club who also served as a member of the O.J. Simpson defense ``dream
team.''

Federal prosecutors are moving to shut down the Oakland club, along with
several others that sprang up after California voters approved Proposition
215 in 1996.

Under the law, people whose suffering from cancer treatments, AIDS,
glaucoma and other medical conditions might be helped by marijuana were
allowed legally to obtain marijuana with a doctor's recommendation.

But the federal government considers medical marijuana illegal and has
prosecuted its use in California.

Robert Raich, an attorney for the club, said designating its staff as city
agents will protect them under the Controlled Substances Act of 1970, which
gives immunity from federal and criminal liability to agents enforcing an
ordinance relating to controlled substances.

A call to the U.S. Attorney's office in San Francisco was referred to a
spokesman in Washington, D.C., who did not return a telephone call to The
Associated Press.

Raich said he planned to file a motion today seeking to have federal
charges against the club dismissed. A hearing is scheduled for Aug. 31.

Copyright 1998 Associated Press.
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Checked-by: Richard Lake