Pubdate: Tue, 20 Oct 1998 Source: San Jose Mercury News (CA) Copyright: 1998 Mercury Center Contact: http://www.sjmercury.com/ Author: Dan Reed PATRONS SAY GOODBYE TO OAKLAND POT CLUB The sick who smoke marijuana to soothe what ails them won't be getting their leafy medicine from Oakland's downtown pot club anymore -- a federal appeals court panel on Monday refused a request to keep the club open. But almost everyone at the raucous, sometimes teary farewell to the 2,200-member club Monday evening figured they'd still get their medical fix, either by scoring on the streets -- a somewhat dangerous proposition -- or by tapping into an expected underground network of former pot club members. Jeff Jones, president of the Oakland Cannabis Buyers Cooperative, said the club's stash is in safekeeping with members of the cooperative. And he expects many to be able to provide for themselves as the club's public arm tries to form a political action committee to fight for the right of the sick who want to smoke. ``Who am I to stop the patients from helping themselves?'' Jones said in a news conference outside the club's Broadway offices. The club's closing is a sizable victory for the federal government, which has been trying to override Proposition 215 since it was approved in November 1996. The ballot measure approved medicinal marijuana for patients with a doctor's recommendation. Voters, by a majority of 56 percent, apparently agreed with Proposition 215 advocates who said marijuana could help stimulate appetites for cancer and AIDS patients, and that it generally offers a pain-dulling alternative to harsher, legal narcotics. But federal law supersedes state law, and federal law says distributing marijuana, even for medicinal reasons, is a crime. The Clinton administration in January sued the Oakland cooperative and several other clubs, aiming to drive them out of business. Last week, U.S. District Judge Charles Breyer rejected the club's argument that the government's ban on medicinal marijuana violates patients' constitutional rights to relieve pain. On Monday, a panel of the 9th U.S. Circuit Court of Appeals refused to extend Breyer's deadline for the club to shut down. Federal prosecutors could not be reached for comment. ``We are bitterly disappointed for the voters of the state of California who have had their votes nullified today by the efforts of a heavy-handed and misguided federal government,'' Jones told reporters, as about 40 pot club supporters held aloft protest signs and alternately listened, cheered and chanted. ``Many of those I have come to know as patients and as friends since I opened this organization almost two years ago will suffer unnecessary pain and suffering without the Oakland CBC.'' While it is clear some sort of underground distribution is in the works, it is not clear how many will be able to benefit from it. And that, for club supporters, was sobering. Robert Raich, the club's attorney, said the ruling, in effect, is a death warrant for some. ``There are people who are going to die as a result of this,'' Raich said of Breyer's ruling. ``And he doesn't really seem to care about that.'' The club still has two appeals pending, although no one seems overly optimistic about their chances. Also, Raich said the club might try to persuade Breyer to let it operate some of its other services -- such as pot cultivation classes, massage therapy or support groups. Jones said the group will reform as Patient Action Now, a political action committee that will lobby the White House and Congress to get marijuana off the controlled-substances list. Tonight, the Oakland City Council, which has strongly backed the Oakland cooperative, will also consider declaring a state of emergency now that the club has been shuttered. While not legally binding on federal agents, the resolution would show how seriously the city takes the government's actions, Raich said. - --- Checked-by: Patrick Henry