JUDGE TELLS MEDICINAL MARIJUANA CLUBS THEY'RE GOING DOWN

A federal judge Thursday told a half-dozen Northern California medical
marijuana clubs he plans to shut them down for violating federal drug laws.

The federal government and club owners have until Monday to respond to the
proposed order by U.S. District Judge Charles R. Breyer, but both parties
anticipated the preliminary injunction would be signed. Each side balled
the decision as a victory in their battle over the 1996 state Initiative
that legalized marijuana for the seriously ill.

"Federal law is clear and Judge Breyer's opinion is clear - the
distribution or cultivation of marijuana is unlawful," U.S. Attorney
Michael Yamaguchi said. De said all medical mari-juana clubs in the state
should close voluntarily in light of the decision.

Club owners have different plans. By staying open, operators will risk
contempt or criminal charges that would pave the way for a jury trial.

"Judge Breyer has found a way to let a jury of Californians decide what
they think is appro-priate," said Oakland attorney Robert Raich, who
represents the Oakland Cannabis Buyers' Cooperative. "We know Californians
recognize cannabis as medicine. We look forward to bringing this case
before Northern Californians, and we look forward to vindication."

Breyer could issue the injunction as early as Tuesday. The federal
government then would have to decide whether to go after clubs in Oakland,
Ukiah, Santa Cruz, Mann County and two in San Francisco. Although more than
30 medical marijuana clubs may be in the state, only six were named in the
lawsuit.

"We plan on staying open until they take us away," said Jeff Jones,
executive director of the Oakland Cannabis Buyers' Cooperative.

In November 1996, 56 percent of state voters approved Proposition 215,
making it legal under California law for seriously ill patients and their
primary care givers to possess and cultivate marijuana.

But federal, state and local officials and medical marijuana advocates have
battled over the specifics of the initiative and whether it should be
defended or discarded.

Breyer's decision responded to a lawsuit filed by the federal government in
January charging that six Northern California cannabis clubs violate the
federal Controlled Substances Act. Breyer wrote in his 27-page decision
that "there is a strong likelihood" Prop. 215 violates federal law.

He ruled that state law legalizing medical marijuana does not override the
federal ban.

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