JUDGE ORDERS S.F. JURY TRIAL IN MARIN POT CLUB CASE

In the latest development in the federal government's attempt to
shutter marijuana buyers' cooperatives in the wake of Proposition 215,
a judge Tuesday ordered a jury trial in San Francisco in the
government's case against a Marin County pot club.

However, in a ruling mostly favorable to the government, U.S. District
Judge Charles Breyer gave federal marshals clearance to shut down a
similar club in Oakland at 5 p.m. Friday.

Breyer also ruled that the jury in the case of the Marin club may
consider only whether the government has enough evidence that
marijuana actually was sold there. Such evidence would indicate
whether the Marin club, like the one in Oakland, was in contempt of a
prior court order.

The clubs wanted the jury to decide the broader issues posed by
Proposition 215, which was passed by California voters two years ago:
whether banning medical marijuana is irrational and whether medical
uses of the drug should be legal.

Bill Panzer, a lawyer representing the Marin club, said an appeal of
that part of Breyer's ruling is likely. He said he was disappointed
because the judge's decision will prevent "a fair review of the
scientific evidence" of the medical efficacy of marijuana.

Lawyers for the Oakland club and government could not be reached for
comment when word of the ruling came after 5:30 p.m.

In a hearing before Breyer last week, a U.S. Justice Department lawyer
argued that Congress had settled the debate over medical pot by
officially declaring marijuana has no accepted value or use.

At the hearing, Breyer expressed concern over the strength of the
government's evidence that pot was being sold at the Marin club. He
said federal agents merely saw people enter the building housing the
club and other businesses, and saw some smoking cigarettes as they
left. In Oakland, an agent entered the club and saw 14 people buying a
substance presumed to be marijuana.

Checked-by: Rich O'Grady