UKIAH POT CLUB AWAITS DECISION

High Court Rule May Affect Group

UKIAH -- For three years, the Ukiah Cannabis Club has operated quietly,
attracting far less attention than medical marijuana clubs in the Bay Area.

The club, which has the support of politicians and law enforcement
officials in Mendocino County, has seen its membership grow to about 500
since the 1996 passage of Proposition 215, which allowed seriously ill
patients to use marijuana for medical reasons.

But club officials recognize that their low profile and public support do
not guarantee immunity from the legal battle that revolves around the use
of marijuana for medicinal purposes and the power of the state and federal
governments.

The U.S. Supreme Court on Tuesday barred an Oakland clinic from
distributing marijuana until it decides the legality of the practice when
it convenes next month.

The case also threatens the Ukiah club's existence.

"If the Supreme Court sides with the (federal) government, then they can
turn back the medical marijuana movement, and that would be an outrage for
anyone who is concerned with their constitutional rights," Marvin Lehrman,
director of the Ukiah Cannabis Club, said Thursday.

The club was barred by a federal judge in 1998 from dispensing marijuana,
but it has remained open to provide information to its members, Lehrman said.

When asked if the Ukiah club is distributing marijuana, the club's
attorney, David Nelson, declined to comment.

Nelson also downplayed the importance of the pending Oakland case, saying
the justices will focus simply on the Bay Area club and its activities.

Nelson said the Justice Department, which has tried to close some medical
marijuana clubs, is primarily interested in setting an example.

"The Justice Department is more interested in setting a precedent than
stopping someone from doing this," Nelson said. "It's very political. It's
largely symbolic."

The federal government, which considers marijuana an illegal drug, doesn't
recognize the state's medical marijuana law. But it has never brought
criminal charges against people who distribute marijuana to patients and
who are technically protected by the state law.

In fact, the only injunction against medical marijuana distribution was
issued in California, even though seven other states have similar medical
marijuana laws, said Gretchen Michael, a spokeswoman for the Justice
Department.

Michael refused to explain why other states have not received the same
scrutiny by the Justice Department, saying she couldn't discuss ongoing
investigations or operations, nor even confirm that there were any.

Michael said what the Supreme Court justices decide won't affect other
medical marijuana clubs in California.

"Nothing will be different. Marijuana remains an illegal substance," she said.

The Oakland clinic was one of the six clubs barred by a San Francisco
federal judge in 1998 from distributing marijuana. The other five clubs are
in San Francisco, Santa Cruz, Marin County and Ukiah.

Only the Ukiah and Marin County clubs remain open.

The Oakland club not only challenged the judge's decision but also
continued to distribute marijuana. A federal appellate court ruled last
year that marijuana should be allowed for medical use.

Following the appellate court decision, the San Francisco federal judge
issued a new order in July allowing the Oakland club to dispense marijuana.

The U.S. Supreme Court will consider the appellate court decision, which
was appealed by the Justice Department.

Although the Ukiah club doesn't provide marijuana, Lehrman said, it
provides classes to help members plant their own marijuana gardens.

A one-year-old program by the county sheriff's office that protects medical
marijuana users and patients' suppliers also has become popular.

Both the users and suppliers can apply for photo identification cards from
the sheriff's office so that they aren't prosecuted when they are found in
possession of marijuana. But the program limits the number of marijuana
plants and the amount of processed marijuana the card holders can have.

The sheriff's office has issued 417 cards so far, said Undersheriff Gary
Hudson.

Lehrman said he hopes for the day when medical marijuana clubs won't have
to fight the government to stay open.

"I look forward to better days and an end to the marijuana Dark Age,"
Lehrman said.

You can reach Press Democrat Staff Writer Ucilia Wang at 462-6473 or e-mail
at uwang@pressdemocrat.com.