POT CLUBS VOW TO DEFY JUDGE'S ORDER

Citing federal laws, court is demanding they stop giving out medical marijuana

Another crushing blow for proponents of medical marijuana, another defiant
pledge to keep going.

But keeping the doors open to four pot clubs across Northern California
isn't going to be so easy in the wake of the strongest legal setback yet
delivered by a federal judge.

On Thursday, U.S. District Court Judge Charles Breyer sided with the federal
government's argument that the Cannabis Healing Center and three other clubs
in Northern California are violating federal drug laws and he ordered the
clubs shut down.

The preliminary injunction goes into effect once Breyer reviews arguments
from both parties and signs the injunction, which could occur as early as
Monday afternoon. What happens after that will be up to the clubs.

"It's the saddest day for medical marijuana that I can envisage," said Tony
Serra, an attorney for local club founder Dennis Peron. "I believe Judge
Breyer's decision is morally bankrupt."

Several of the clubs, including the S.F. operation, have vowed to defy the
injunction and risk a raid by federal marshals if Breyer then holds them in
contempt and orders them forcibly shut down.

But Breyer could also allow the clubs to remain open while ordering a
contempt hearing. That trial would allow the defense to present a number of
legal challenges that could keep the clubs open.

"We're allowed to argue the medical necessity defense if we break the
injunction, which we plan to do," said Peron, who predicted that his act of
defiance would be followed by undercover federal marshals trying to purchase
marijuana with a doctor's note next week.

Breyer's ruling expressly avoided deciding on the legality of a sick person
possessing pot for medical use or the possibility that local governments
might take over the distribution of medical marijuana, an idea floated by
San Francisco District Attorney Terence Hallinan. California's Proposition
215, passed by voters in 1996, legalized the cultivation and medical use of
marijuana by patients with AIDS, cancer, glaucoma and a variety of other
illnesses.

The Justice Department filed civil suits in January seeking to halt
operations of six clubs: Peron's Cannabis Cultivators Club and Flower
Therapy Medical Marijuana Club in San Francisco, and similar operations in
Oakland, Santa Cruz, Ukiah and Fairfax. The Flower Therapy and Santa Cruz
clubs have since closed and the Cannabis Cultivators Club renamed itself the
Cannabis Healing Center.

The other 11 clubs in the state, including major ones in Los Angeles and San
Jose, were not named in the suits but could now become targets.

U.S. Attorney Michael Yamaguchi hailed Breyer's decision and asked the clubs
to close down voluntarily.

"Federal law is clear and Judge Breyer's opinion is clear - the distribution
or cultivation of marijuana is unlawful," Yamaguchi said. "I call on all of
the marijuana distribution clubs in California to take cognizance of this
order and voluntarily shut down."

Also praising the decision was state Attorney General Dan Lungren, a leader
in the effort to shut the clubs down through legal challenges and
enforcement efforts soon after they opened.

"We're pleased by the court's decision," said Matt Ross, spokesman for
Lungren's office. "It's consistent with what we have always held, which is
that cannabis buyers' clubs are not allowed under state or federal law."

Ross said the attorney general's office would continue to fight in state
Superior Court for a preliminary injunction to close down the Cannabis
Healing Center.

Organizers at three of the four cannabis clubs mentioned in the decision
vowed to defy the order while the director of the fourth one, the Ukiah
Cannabis Buyer's Club, said he was still weighing the risks.

"We're looking at alternatives and seeing what we can do," said Marvin
Lehrman, director of the Ukiah club, which treats 200 patients regularly.
"It's a daily feeling we have that we're facing down the federal government
and they can come at any moment. I see them as being heavy-handed and
mean-spirited, but I'm not afraid of them."

Oakland Cannabis Club Executive Director Jeff Jones said he would defy the
order and was awaiting his day in court.

"What we're doing here is a necessity to patients," Jones said. "Because of
Prop. 215, we feel that what we're doing here is within the law."

Robert Raich, attorney for the Oakland club, said the judge's decision
opened up a variety of legal avenues to pursue in defense of the clubs, most
notably arguing that marijuana is a medical necessity for sick patients and
that citizens have constitutional rights to be free from pain and to dictate
their own medical treatment.

Those arguments would be heard before a jury and must be either accepted or
rejected unanimously, a chance Peron is willing to take.

"We believe we can defend ourselves," Peron said. "If we do so successfully,
we'll bring this issue into the national arena. We're going to have our day
in court."

©1998 San Francisco Examiner

Checked-by: Melodi Cornett