OAKLAND POT CLUB CLOSES -- LEADER TO FIGHT ON

Appeals Court Denies Request To Stay Open

Oakland's beleaguered medical marijuana club, the state's largest
remaining dispensary, closed its doors yesterday, but its leaders
vowed to find other ways to serve its members.

In the latest blow to the medical marijuana movement, the U.S. Court
of Appeals denied a request by the Oakland Cannabis Buyers Cooperative
to stay open pending its appeal of a federal judge's shutdown order.

Employees of the 2,200-member club on Broadway closed voluntarily at 3
p.m. yesterday, two hours before federal marshals could have padlocked
the doors.

At a news conference, Jeff Jones, the club's executive director, said
he would hand over his keys to federal marshals in compliance with the
court's decision. But he vowed to work with Oakland to find other ways
to help those who rely on medical marijuana to survive or ease pain.

``They may have won a battle, but they haven't won the war,'' Jones
said to the cheers of 40 club members who rallied outside the
cooperative. ``We will prevail.''

Jones decried the closure in the wake of Proposition 215, the 1996
voter-approved medical marijuana initiative.

``The voters of the state of California have had their votes nullified
today by a heavy-handed and misguided federal government,'' Jones
said, adding at one point, ``I'm kind of saddened to be an American
right now.''

Matt Jacobs, a spokesman for the U.S. Attorney's office in San
Francisco, declined comment on the matter.

In January, the federal government filed a civil lawsuit seeking the
closure of the Oakland club and five others in Northern California. In
May, U.S. District Court Judge Charles Breyer issued an injunction
barring the clubs from distributing marijuana. Of the six targeted
clubs, only two remain open, one in Fairfax and another in Ukiah.

Breyer ordered the Oakland club shut down last Friday after rejecting
arguments by the cooperative that medical marijuana relieves pain and
saves lives.

The judge then granted the club a three-day reprieve while its
attorneys sought an additional stay from the U.S. Court of Appeals in
San Francisco. The club's appeal before the appellate court stands
despite the closure.

Jones complimented Breyer for allowing the club to remain open for
nine months after the federal government's lawsuit.

As the smell of marijuana wafted through the club yesterday, workers
gave away trays of marijuana plants to members.

Steve Scott of San Francisco and his partner, Tom Wahl, left the
building with a tray, saying they would nurture their plants at home
and share it with others.

``We're going to use our medicine, instead of letting the government
store it on shelves and letting it mold,'' said Scott, 25, a club
member who uses marijuana to combat nausea as a result of

AIDS.

As he spoke, club volunteer Stacie Traylor yelled out, ``Last call!''
and workers emptied glass display cases of marijuana plants. Security
guard Ernest Grayson herded out stragglers, saying, ``We are closed.
Thank you for your support.''

Even as Jones announced the closure yesterday, the mood was buoyant as
club advocates insisted that their fight was far from over.

``DEA, go away!'' dozens of protesters chanted on Broadway as
motorists honked in support. They rallied around an emotional Jones as
he told of his father's death to cancer 10 years ago.

``I vowed at that time not to allow other families to go through this
suffering without compassionate response,'' said Jones, 24, his voice
quavering.

Jones said it was possible his club could break into small groups to
dispense marijuana, adding he would have no way to prevent individual
members from taking such action.

The Oakland City Council is expected tonight to consider an emergency
declaration that would allow the city to dispense medical marijuana.

The city has already been on the forefront of the issue. In August,
Oakland designated club employees as ``officers of the city,''
allowing them immunity from prosecution, but Breyer rejected that
argument. In July, the city passed a policy allowing medical marijuana
users to store 1 1/2 pounds of the drug at home.

Checked-by: Patrick Henry