COURT OKS MARIJUANA AS MEDICINE

Co-Op Now Free To Dispense To People With Proven Need

An appeals court has denied the federal government's request for a
temporary emergency order to keep the Oakland Cannabis Buyers Cooperative
from dispensing marijuana as medicine.

That means the cooperative can abide by a federal judge's rules and begin
handing out the drug to people who meet certain medical and legal
requirements. Robert Raich, the cooperative's attorney, would not say
Monday whether that was happening yet.

"The Oakland Cannabis Buyers Cooperative is complying fully and faithfully
with the amended injunction," he said, declining further comment.

U.S. Justice Department spokeswoman Gretchen Michael could not be reached
for comment Monday.

The Oakland cooperative has been at the forefront of California's medicinal
marijuana debate ever since it was the only one of six Northern California
clubs to appeal a federal judge's 1998 closure order. The 9th U.S. Circuit
Court of Appeals last year told that judge to reconsider, and the judge
last month ruled the cooperative could start dispensing again because the
government failed to dispute a medical necessity for marijuana despite its
prohibition under federal law.

The government is appealing that ruling, but the 9th Circuit on Friday
refused to stop the cooperative from dispensing during the appeal process.

Raich said the government must file its brief by Aug. 22, and the
cooperative must file its answer by Sept. 19. The government will have two
weeks after that date to file an optional reply, and then the appellate
court will decide whether it wants to schedule oral arguments.