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.