JUDGE REJECTS OAKLAND POT CLUB MANEUVER

A U.S. District Court judge ruled August 31 that the Oakland City
Council's attempt to shield the staff of medical marijuana buyers
clubs is not viable. The city had moved to declare buyers club staff
as city officers, because such deputies are immune from prosecution
under laws against marijuana possession while carrying out their jobs.

Despite the ruling, Oakland Cannabis Buyers Cooperative Executive
Director Jeff Jones stated that he is still recognized as a city
officer, and that the club is "still operating under the assumption
that we are immune from federal law because of that
designation."

At the same time, Judge Charles Breyer also ruled against the federal
government's request to use U.S. Marshals to shut down the Oakland
club. Jones hopes that the case against the club can be brought before
a jury, at which point the club is likely to attempt a medical
necessity defense. Jones noted that California voters were strongly in
favor of Proposition 215, which sanctioned the medical use of
marijuana, and he believes a jury will be sympathetic to the club and
its clients. Breyer indicated that he is considering allowing such a
trial.

In related news, the California Senate adjourned on September 1
without acting on a bill proposed by Senator John Vasconcellos
(D-Santa Clara), SB 535, that would have provided for medical
marijuana research. Senate President John Burton ended the session
early due to an unrelated dispute before it was able to complete its
pending business.

The backers of SB 535 believe it had a good chance of passage,
although Governor Pete Wilson probably would have vetoed it. The bill
will be reintroduced next year, and both Dan Lungren and Gray Davis
have indicated their support for the legislation.

Checked-by: Patrick Henry