SUPREME COURT CONTINUES STAY BARRING MEDICAL USE OF MARIJUANA

WASHINGTON, Aug. 29 -- The Supreme Court continued a ban today on the
distribution of marijuana for medical purposes in California,
signaling that it might consider the issue in its fall term. The court
voted 7 to 1 to grant an emergency request from the Clinton
administration to postpone enforcement of a lower court ruling that
would have allowed the Oakland Cannabis Buyers' Cooperative to
distribute the drug.

The decision today was the latest development in a clash between
federal narcotics laws and a 1996 California voters' initiative to
allow seriously ill patients to grow and use marijuana for pain
relief, with doctors' approval. Similar initiatives have since been
passed in several other states.

The United States Court of Appeals for the Ninth Circuit, in San
Francisco, had ruled that medical necessity could be a defense to a
federal criminal charge of distributing drugs. That ruling overturned
an earlier one by Judge Charles R. Breyer of Federal District Court in
San Francisco that barred distribution of marijuana.

Justice Department lawyers had called the Ninth Circuit finding
dangerous and said it would encourage drug traffickers and promote
disrespect for the law.

The Supreme Court's decision to stay the Ninth Circuit ruling was not
surprising; it would have been extraordinary for the highest court in
the land not to let the government have its day before the tribunal.
The court will decide whether to hear the case when it returns for its
fall term.

Only Justice John Paul Stevens dissented, contending that the
government had failed to show that allowing "seriously ill and dying
patients" to use marijuana would undermine the public interest.

Justice Stephen G. Breyer disqualified himself because he is Judge
Charles Breyer's brother.