U.S. JUDGE MOVES TO CLOSE CALIF. MARIJUANA CLUBS

SAN FRANCISCO, May 14 (Reuters) - A federal judge has moved to close
California's medical marijuana clubs, saying the government was likely to
prove that their operations violate federal anti-drug laws. In what could
be a final blow to California's medical marijuana movement, U.S. District
Judge Charles Breyer said he was ready to issue a preliminary injunction
despite the clubs' arguments that they stave off death and disease for
thousands of people suffering from AIDS, cancer and other serious illnesses.

"The only issue before the Court is whether the defendants' conduct
violates federal drug laws," Breyer said in his ruling, issued late
Wednesday. "The Court concludes that the federal government has established
that it is likely that it does."

Breyer said he would issue injunctions against six northern California
medical marijuana clubs named in federal suits after both sides submit
final written statements next Monday.

The ruling was hailed by federal officials, who have fought to close the
clubs despite Prop. 215, California's pioneering 1996 state law which
legalized the use of marijuana for medical purposes under the direction of
a doctor. "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 Thursday.

"I call on all of the marijuana distribution clubs in California to take
cognizance of this order and voluntarily shut down." But the clubs vowed to
fight on -- taking heart from Breyer's refusal to grant a government
request for a permanent injunction and summary judgment. Club attorneys
said most would probably continue to operate despite the injunction, a move
which could draw contempt of court proceedings and trial before a jury.

"We look forward to being vindicated by a jury of Californians, who
recognize the medical value of marijuana," said Robert Raich, an attorney
representing the Oakland Cannabis Buyers' Cooperative. "The government has
been told today that its policy of banning medical marijuana could be put
on trial as a result of this case," said Dave Fratello, a spokesman for
Americans For Medical Rights, one of the sponsors of the 1996 state law.

"Many of us relish the prospect of that kind of fight, because it is
winnable." Government attorneys have said their case against the clubs is
not an attack on the California measure, which allowed medical use of
marijuana under specific, tightly-defined circumstances.

California's state courts have already ruled that the 20-odd clubs around
the state are illegal because they are not "primary caregivers" to their
members - a condition set by the state law.

Federal officials have attacked the club operations and accused them of
using the law as an excuse to peddle marijuana to the public at large, an
"outright and flagrant" violation federal anti-marijuana laws. Breyer's
ruling Wednesday was extremely cautious, and he emphasized that it by no
means resolved the medical marijuana issue or declared Prop. 215
unconstitutional.

While he said the clubs had so far not found the right argument to justify
their operations, he said his ruling did not foreclose "the possibility of
a medical necessity or constitutional defense" in any future proceeding.

Copyright 1998 Reuters Ltd.

Checked-by: Richard Lake