CITY TAKES CHARGE OF MEDICINAL POT

Oakland hopes ploy shields club from federal prosecution

OAKLAND, Calif. - The city of Oakland on Thursday became the first city in
the United States to begin distributing marijuana to ease the symptoms of
the chronically ill.

In an action that City Councilman Nate Miley portrayed as an act of moral
courage, the city named operators of the Oakland Cannabis Buyers
Cooperative as officers of the city and said they will distribute marijuana
at their cooperative on the city's behalf.

Miley said the city hopes the action will shield the club from the federal
Justice Department's efforts to shut it down.

The city is counting on the Federal Controlled Substance Act - the same act
the federal government is using in its attempt to close the club - to keep
it open. A provision of the act says that officers enforcing local drug
ordinances are immune from prosecution for possessing, buying and selling
illegal drugs in the course of their police work.

Now that the cannabis club's members are "officers" of the city of Oakland,
the city hopes, they too will be considered immune from prosecution. Miley
acknowledged, however, that the city is taking a risk.

"The city could be subject to civil and criminal prosecution" for the
program, Miley said, "but it's a risk we take. . . . There are just moments
that demand that people come forward and do the right thing." He said the
city also will consider ways to directly distribute marijuana.

"We're aware of the Oakland decision, and we're carefully reviewing it,"
said Gregory King, a spokesman for the Justice Department in Washington.

Calling the club "a very important element in our community," Miley said
the city "will do everything we can do legally . . . to ensure that the
Oakland Cannabis Buyers Club continues to operate."

Medical-marijuana advocates say the drug eases the symptoms of a wide range
of illnesses and can control nausea and pain suffered by some chronically
ill patients.

Checked-by: (Joel W. Johnson)