OAKLAND, FAIRFAX CANNABIS GROUPS FACE U.S. ATTORNEYS

Medical Pot Clubs' Case In Court

A federal courtroom was the scene of a showdown Monday between federal
prosecutors seeking to shut down cannabis clubs in Oakland and
Fairfax, and defense lawyers who argue that doing so would deny the
clubs' clients a medical necessity.

U.S. District Judge Charles Breyer said he would take the matter under
advisement before ruling whether to authorize federal marshals to
close the clubs, or allow a jury trial to determine if the clubs
operated lawfully because their customers' medical needs supersede
federal drug restrictions.

"Pain vs. government - that is this case. Can the government insist on
pain?" queried James Brosnahan, one of a prestigious team of attorneys
representing the clubs. "We have put in the air more than enough to
create a tryable issue on the matter of (medical) necessity."

But federal prosecutors countered that Congress had considered and
rejected the notion that marijuana had acceptable medical value. They
also faulted customers of the cannabis clubs for not trying
"reasonable legal alternatives" such as applying to become subjects in
medicinal marijuana research.

Breyer questioned both sides closely, indicating he believed that the
"medical necessity" defense constituted "particularized criteria."

He suggested that perhaps "it can't be done on a blanket basis. . . .
It has to be done on a person-by-person basis."

The case stems from the government's motion to declare the Oakland
Cannabis Buyers' Cooperative and a similar Fairfax club in contempt of
court and close them for violating Breyer's earlier injunction against
breaking federal law by distributing cannabis. The debate about
marijuana use has grown more contentious since the passage of
Proposition 215, which permits seriously ill patients to grow and use
marijuana for medicinal purposes such as pain relief so long as they
have a doctor's OK. The 1996 initiative put the will of California
voters in direct conflict with U.S. drug laws.

Checked-by: Patrick Henry