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US: Government To Appeal Court Ruling Allowing Oakland Club To
ccguide Thursday 27 Jul 2000 Pubdate: Wed, 26 Jul 2000 Source: Sacramento Bee (CA) Copyright: 2000 The Sacramento Bee Contact: Address: 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: David Kravets, Associated Press Writer GOVERNMENT TO APPEAL COURT RULING ALLOWING OAKLAND CLUB TO DISTRIBUTE POT TO SERIOUSLY ILL PATIENTS SAN FRANCISCO (AP) -- The Justice Department will appeal a district court judge's ruling that clears the way for an Oakland club to distribute marijuana for medicinal purposes, according to court documents filed here Tuesday in federal court. Assistant U.S. Attorney Mark Quinlivan submitted a notice to appeal to the 9th U.S. Circuit Court of Appeals last week's decision by U.S. District Court Judge Charles R. Breyer, which could clear the way for a slew of new marijuana clubs. Quinlivan declined to comment Tuesday. Under Breyer's decision, the Oakland Cannabis Buyers' Cooperative could provide marijuana to those who face imminent harm from serious medical conditions, and to those for whom legal alternatives to marijuana don't work or cause intolerable side effects. In his ruling, Breyer noted that the 9th U.S. Circuit Court of Appeals had ordered him in September to consider an exemption for patients who face imminent harm and have no effective legal alternative to marijuana. The appellate panel found the government had failed to rebut evidence that marijuana is the only effective treatment for a large group of seriously ill patients. The victory for the Oakland club is the latest development in a years-old conflict between federal narcotics regulations and Proposition 215, which has been tangled up in court since California voters approved it in 1996. The California initiative allows seriously ill patients to grow and use marijuana for pain relief, with a doctor's recommendation, without being prosecuted under state law. But federal law says marijuana has no medical purpose and cannot be administered safely under medical supervision. Measures similar to California's initiative have passed in Alaska, Arizona, Hawaii, Maine, Nevada, Oregon and Washington state. - --- MAP posted-by: Jo-D
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