MARIJUANA CLUB GIVEN OFFICIAL ROLE IN OAKLAND

LOS ANGELES -- Opening a new front in the legal battle over medicinal
marijuana, Oakland leaders Thursday designated the outlawed Oakland
Cannabis Buyers' Cooperative an official arm of the city, thereby becoming
the first municipal government to dispense the drug to seriously ill
patients.

In its new partnership, Oakland is attempting to find its own solution to
the unresolved issue of medicinal marijuana use in California. Though
voters in November 1996 approved a statewide ballot measure allowing
patients to grow and smoke marijuana under certain conditions, the law has
faced repeated challenges from the California attorney general and the U.S.
Justice Department.

Last spring, a federal judge, responding to a Justice Department lawsuit,
issued an injunction ordering the Oakland cannabis cooperative and five
other clubs in northern California to stop distributing marijuana. Three
clubs, including the Oakland cooperative, have defied the order.

By making the Oakland cannabis club an "agent of the city," Oakland leaders
are seeking the shield of a provision of the Federal Controlled Substances
Act that protects undercover drug agents from federal prosecution. Section
885 (d) of the act provides that an "officer of a city" in enforcing
controlled-substances ordinances "has civil and criminal immunity" under
federal law.

"All the documentation I've seen shows that medical marijuana helps reduce
pain and suffering for certain patients-- those with glaucoma and cancer,"
said Nate Miley, an Oakland city councilman who helped launch the effort.

"What we're doing is historic," he said, adding that he expects federal and
state officials to challenge the partnership.

"We're putting ourselves out on a limb because we feel it's a moral issue
and we have to demonstrate support" for a patient's right to the drug.

Gerald Uelmen, a law professor at Santa Clara University who advises the
Oakland cannabis club, said the arrangement makes sense for law-enforcement
officials too.

"If you recognize the right of people to have (medicinal marijuana) but
don't supply a clear, secure environment to get it, patients will acquire
it from illicit dealers," Uelmen said. "Patients would prefer to have one
central location--a clean, well-lighted place. This simplifies the
(police's) responsibility to make sure the law is obeyed."

Justice Department officials are reviewing the Oakland action.

Besides California, Arizona also had a ballot-initiated medicinal marijuana
law. The state's legislature struck it down shortly after it was passed in
1996. The proposition will be back on the ballot in November, along with
another measure that would prohibit state lawmakers from invalidating
ballot measures.

In November, several other states, including Alaska, Oregon and Nevada,
will have ballot measures asking voters if they want to legalize medicinal
marijuana.

Proposition 215, or the Compassionate Use Act, was approved by 56 percent
of California's voters. The law allows a patient or "primary caregiver" to
possess and use marijuana if recommended by a physician for the treatment
of an illness.

For the last few years, Oakland officials have been aggressive in
attempting to counter state and federal opposition to medicinal marijuana.
The council in 1996 issued two resolutions endorsing Proposition 215 and
agreed not to stop the Oakland Cannabis Buyers' Cooperative, which had been
operating about a year before the law went into effect.

Last month, the council voted to allow residents to possess 1 1/2 pounds of
medicinal marijuana. The amount is based on medical estimates of what a
patient would use in three months.

The council's action last month was aimed at Atty. Gen. Dan Lungren's
declaration shortly after the law went into effect that the state would
attempt to prosecute anyone possessing more than an ounce of medicinal
marijuana.

>From the beginning, Lungren and the cannabis clubs have been at odds over
>how Proposition 215 should be carried out.

Under Lungren's interpretation, patients with a doctor's recommendation can
grow and smoke the medicinal marijuana. The patient also can obtain the
drug from a "primary caregiver."

The point of contention is over who is a primary caregiver. The clubs
consider themselves primary caregivers, but Lungren defines them as
doctors, nurses, friends and relatives.

"A primary caregiver is someone who looks after all your needs on a
consistent basis," said Matt Ross, Lungren's spokesman, adding that the
interpretation was supported by an appeals court ruling in December 1997.
"All a cannabis club does is provide marijuana."

The Oakland Cannabis Buyers' Cooperative operates out of a nondescript
office building in downtown Oakland. The club dispenses marijuana plants
and processed marijuana to its 1,800 members from the same type of glass
case found in a jewelry shop.

Club officials say they check the veracity of all doctors' notes from
patients. They attempt to keep track of the amounts given to patients and
investigate when the requests exceed the recommended dosage.

"We are diligent to make sure no abuses occur," said Jeff Jones, executive
director of the cannabis club.

Thursday's action essentially makes the club a consultant for the city,
although it receives no money. In fact, the club had to pay more under the
deal to purchase additional liability insurance indemnifying the City
Council, city attorney and city manager.

Checked-by: (Joel W. Johnson)