JUDGE SAYS 6 POT CLUBS MUST CLOSE

Proposition 215: Federal law supersedes state statute, ruling states.

A San Francisco federal judge on Thursday nudged the state's medicinal
marijuana clubs closer to extinction, siding with the U.S. Justice
Department's argument that six Northern California operations must close
because they are violating federal drug laws.

In a blow to voter-approved Proposition 215, U.S. District Judge Charles
Breyer issued a preliminary injunction that essentially forces the clubs to
cease dispensing medicinal marijuana or face the prospect of a crackdown by
federal law enforcement officials. Breyer concluded in his 27-page ruling
that federal drug laws trump the clubs' right to operate under Proposition
215, which legalized pot for medical use.

``A state law which purports to legalize the distribution of marijuana for
any purpose, even a laudable one, nonetheless directly conflicts with
federal law,'' the judge wrote. ``It does not exempt distribution of
marijuana to seriously ill persons for their personal medical use.''

Breyer's ruling is limited and does not invalidate Proposition 215. But it
spells trouble for the national movement to legalize medicinal marijuana.
There are efforts in at least six states to put similar measures on this
fall's ballot, all of which risk legal challenge from the Clinton
administration.

Breyer tailored his ruling in such a way that the clubs and their attorneys
were predicting another showdown with the Justice Department over the
medicinal pot law.

Among other things, the judge did not foreclose the possibility of the
clubs presenting some of their arguments to a jury. The clubs could thus
provoke a showdown simply by refusing to comply with Breyer's injunction, a
move that would lead to contempt proceedings.

Pro-215 forces said Thursday that they'd defy the injunction and expose
themselves to contempt charges to take their arguments to a jury.

``This case is going to go on,'' said Oakland attorney William Panzer, who
represents the Oakland Cannabis Buyers' Cooperative and clubs in Southern
California. ``At least some of them will stay open. It's an opportunity to
put the government on trial and show it is acting arbitrarily.''

Justice Department officials had little to say about the judge's ruling,
other than to warn all marijuana dispensaries in the state to take notice
of the court's conclusions.

``Federal law is clear and Judge Breyer's opinion is clear,'' said San
Francisco U.S. attorney Michael Yamaguchi. ``The distribution or
cultivation of marijuana is unlawful. I call on all of the marijuana
distribution clubs in California to take cognizance of this order and
voluntarily shut down.''

The Justice Department sued six clubs earlier this year, arguing
Proposition 215 is superseded by federal law. The suit named two clubs in
San Francisco, including the now-defunct club owned by Proposition 215
co-author Dennis Peron, and clubs in Santa Cruz, Oakland, Marin County and
Ukiah.

While the federal case has been pending, state Attorney General Dan Lungren
succeeded in shutting down Peron's Cannabis Cultivators Club in a separate
state court lawsuit. Peron's club has been replaced by the Cannabis Healing
Center, which for now is not affected by Breyer's ruling.

The Santa Cruz Cannabis Buyers Club, one of the targets of the federal
suit, also has closed on its own in recent months. The Santa Clara County
Medical Cannabis Center, which closed in San Jose this month because of the
arrest of owner Peter Baez, was never a defendant in the federal case.

Checked-by: jwjohnson@netmagic.net (Joel W. Johnson)