JUSTICE DEPARTMENT TO CHALLENGE OAKLAND MARIJUANA CLUB DECISION

SAN FRANCISCO -- The U.S. Justice Department will appeal a ruling by a
federal judge in San Francisco that allows an Oakland cannabis club to sell
medical marijuana to seriously ill patients.

The government's challenge to a July 17 order by U.S. District Judge
Charles Breyer was announced in a notice of appeal filed in federal court
Monday. The department has not yet filed any briefs in the appeal to the
9th U.S. Circuit Court of Appeals. Meanwhile, however, the Justice
Department has not announced whether it will appeal a crucial ruling by the
9th Circuit that sets the stage for Breyer's order.

The circuit court in that decision last year instructed Breyer to consider
modifying an injunction against the Oakland Cannabis Buyers' Cooperative to
take account of medical necessity and the public interest.

The government has until Friday to ask the U.S. Supreme Court to review the
9th Circuit ruling.

Justice Department spokeswoman Gretchen Michael said no decision has been
made on whether to appeal.

Breyer said in his July 17 order that the Oakland club could sell marijuana
to members who are seriously ill, are in danger of imminent harm, need
marijuana for medical treatment and have no legal alternatives.

On July 18, Breyer turned down the Justice Department's request for a stay
of the order, saying that he doubted that the government would be
successful in an appeal.

Oakland Cannabis Buyers' Cooperative Executive Director Jeff Jones said the
club is still making preparations to sell marijuana to qualified members
and hopes to begin doing so within a few days.

An initiative passed by California voters in 1996 allows medical use of
marijuana upon a doctor's recommendation, but the Justice Department
contends the state measure is superseded by federal statutes outlawing
marijuana.