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Cannabis Campaigners' Guide News Database result:
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US CA: Marijuana Clubs Lose One In Court
ccguide Saturday 04 May 2002 Pubdate: Fri, 03 May 2002 Source: San Francisco Chronicle (CA) Page A - 15 Copyright: 2002 Hearst Communications Inc. Contact: Website: http://www.sfgate.com/chronicle/ Details: http://www.mapinc.org/media/388 Author: Bob Egelko, Chronicle Staff Writer Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) MARIJUANA CLUBS LOSE ONE IN COURT Federal Government Didn't Violate States' Rights, Ruling Says In another setback for medical marijuana advocates, a federal judge ruled today that the federal government didn't violate states' rights or individual liberties by shutting down Northern California marijuana dispensaries. The Oakland Cannabis Buyers' Cooperative, joined by a Marin County marijuana club, launched a constitutional challenge after the U.S. Supreme Court ruled last year that federal drug laws contained no exemption for cases of medical necessity. But U.S. District Judge Charles Breyer said the federal government has the constitutional authority to regulate drug activity, even if it takes place entirely within a state's boundaries. He also said the clubs had no legal standing to assert the constitutional rights of individuals who obtain marijuana from them. Lawyers for the dispensaries had anticipated the defeat and said in advance that they would take the case to the U.S. Court of Appeals in San Francisco. That court ruled in 2000 that the clubs could distribute marijuana to patients who met the criteria for "medical necessity" -- showing that the drug would relieve severe pain or the side effects of treatment for AIDS or cancer, and that they had no legal alternative. The Supreme Court disagreed but left the door open for other arguments. In the case before Breyer, lawyers for the clubs argued that enforcement of federal drug laws against marijuana grown and distributed in California exceeded the government's authority to regulate interstate commerce. They also contended the state has the constitutional authority to protect its residents' health and welfare, free of federal interference. As a result of the Supreme Court ruling, the Oakland cooperative, which has formal city sponsorship, was barred from distributing marijuana. The Marin Alliance for Medical Marijuana, in Fairfax, and clubs in Ukiah and Santa Cruz were also affected. The Justice Department sued those clubs, and two now-defunct San Francisco dispensaries, after California voters passed Proposition 215 in 1996. The measure legalized growing and using marijuana for medical purposes under state law, with a doctor's recommendation, but did not affect federal law. Despite the federal lawsuit, marijuana distribution clubs continue to operate in San Francisco and other communities, with the cooperation of local authorities. Federal drug agents have raided clubs in San Francisco and West Hollywood this year. - --- MAP posted-by: Terry Liittschwager
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