POT CLUB CLOSURE CAUSES CITY COUNCIL TO DECLARE STATE OF EMERGENCY

OAKLAND, Calif. (AP) -- City officials, in a symbolic nod to
California voters, declared a public health emergency Tuesday night
following a court-ordered shutdown of one of the state's largest
medical marijuana clubs.

The 5-4 vote, believed to be the first of its kind, allows City
Council members to move quickly should they choose to develop
alternative ways to sell marijuana to about 2,200 patients who can no
longer get the drug at the Oakland Cannabis Buyers'
Cooperative.

"We're definitely making history," said Jeff Jones, executive director
of the club. "I feel somewhat vindicated from the court's decision."

City officials in San Francisco and Berkeley in the past have declared
medical emergencies to allow the distribution of intravenous needles
to drug users to curb the spread of HIV. But no other city has passed
such a measure to allow use of marijuana for medical reasons.

It is not immediately clear what impact the gesture would have. City
Council members said they would be wary of getting involved in the
distribution of marijuana.

When U.S. District Judge Charles Breyer issued an injunction in May
barring six Northern California clubs from distributing marijuana,
Oakland city officials responded by designating marijuana club
officials as city agents, invoking a federal law that protects state
and local officers from liability while enforcing drug laws. But
Breyer said the club was violating the drug law, not enforcing it.

A possible alternative would be to designate city property for the
harvesting of marijuana by patients with doctor's recommendations,
Jones said. He said a less likely possibility would be for the city to
hire people to distribute the drug.

Proposition 215 allowed patients and their caregivers to possess and
grow marijuana without prosecution under California law, if
recommended by a doctor to relieve the pain from AIDS or cancer
treatment, glaucoma or other conditions.

The club closed Monday after the 9th U.S. Circuit Court of Appeals,
rejected its request to remain open during an appeal of a federal
judge's ruling finding the club in contempt of court for continuing to
distribute marijuana in violation of federal law.

Checked-by: Patrick Henry