COURT BOOSTS CALIFORNIA MEDICAL MARIJUANA CLUBS

SAN FRANCISCO, Sept 13 (Reuters) - A federal appeals court gave fresh hope
on Monday to California's embattled medical marijuana clubs, saying a judge
should not have granted a Clinton administration request to shut them down
without regard for the sick people they served.

The 9th Circuit Court of Appeals ordered U.S. District Court Judge Charles
Breyer to review his October 1998 decision, which shut the Oakland Cannabis
Buyers Cooperative (OCBC) for violating federal anti-drug laws.

In a 3-0 decision, the appeals court said Breyer had not given proper
weight to the possibility that marijuana was an indispensable treatment for
people served by the club -- including patients with AIDS and cancer -- and
thus potentially protected by the "medical necessity" defense.

The appeals court order did not vacate Breyer's injunction against the
Oakland club, which was closed by federal marshals last October. But it did
suggest Breyer amend the injunction to allow medical marijuana clubs to
resume service for patients who can prove that cannabis is a medical
necessity for treating their illnesses.

Medical necessity, as defined by earlier court cases, means that patients
have found every legal alternative to marijuana ineffective in treating
their conditions and that they would suffer imminent harm without access to
the drug.

The decision opened a fresh chapter in California's medical marijuana saga,
which began in 1996 when state voters approved medical use of the drug and
then quickly moved to the courts as the federal government sought to block
implementation of the new state law.

In its decision, the appeals court held that the Oakland club had
demonstrated "there is a class of people with serious medical conditions
for whom the use of cannabis is necessary in order to treat or alleviate
those conditions or their symptoms; who will suffer serious harm if they
are denied cannabis; and for whom there is no legal alternative."

"The government, by contrast, has yet to identify any interest it may have
in blocking the distribution of cannabis to those with medical needs,
relying exclusively on its general interest in enforcing its statutes," the
court said.

Jeff Jones, OCBC's director, said the appeals court decision represented
the first step back toward legitimacy for California's cannabis clubs,
which were chased underground by federal legal challenges.

"I feel we are going to need to work out some details with the district
court before anything can happen," Jones said.

"We are asking, more or less, the district court to allow our dispensary to
remain open to medical necessity cases ... somebody that is dying from
cancer, from HIV ... should be be protected by their constitutional right
to protect themselves." Robert Raich, a lawyer for the OCBC, said Monday's
court decision could have an impact far beyond California, noting that some
six other states covered by the 9th Circuit have followed California's lead
and passed some form of ballot measure aimed at legalizing medical
marijuana use.

"I think we will have an opportunity, for the first time, to provide
medical cannabis to a class of patients legally under federal law," Raich
said.