FEDERAL JUDGE ORDERS CLOSURE OF SIX NORTHERN CALIFORNIA POT CLUBS

SAN FRANCISCO (AP) — A federal judge today ordered closure of six medical
marijuana clubs in Northern California, saying prosecutors were likely to
prove the clubs were violating antidrug laws.

U.S. District Judge Charles Breyer rejected the clubs' argument that they
were entitled to furnish the drug because their customers, many of whom
suffer from AIDS or cancer, cannot survive without marijuana to ease pain
and the side effects of therapy.

A "medical necessity'' defense might be available in individual cases, but
can't be used by a club that distributes marijuana to a large number of
patients with different diseases, Breyer said.

In 1996, California voters approved Proposition 215, which changed state
law to allow patients suffering from certain serious illnesses to possess
marijuana for medical use, with a doctor's recommendation.

But the Clinton administration, which fought the initiative both before and
after its passage, filed civil suits in January to halt operation of six
clubs — two in San Francisco and one each in Oakland, southern Marin
County, Santa Cruz and Ukiah.

Federal prosecutors argued that national antidrug laws override the
proposition.

"Laws which are passed by Congress cannot be supplanted by state law,''
Justice Department lawyer Mark Quinlivan told Breyer during a hearing in
March. He said advocates of medical marijuana must turn to Congress and
federal health authorities, not the courts.

In his ruling today, the judge agreed the proposition could not override
federal law.

He also rejected the clubs' argument that an injunction should be denied
because the federal government has thwarted studies on medical marijuana
and ignored evidence that the drug is safe and effective.

Breyer acknowledged that it took more than 20 years for the federal
government to consider, and deny, the last formal request to reclassify
marijuana.

But he said medical marijuana advocates had been unable, so far, to
convince the government to allow medical use of marijuana. Noting that a
new request was sent to Health and Human Services Secretary Donna Shalala
in December, Breyer said, "One would expect the secretary to act
expeditiously on the petition in light of the expressed concerns of the
citizens of California.''

Copyright 1998 The Associated Press

Checked-by: Richard Lake