GOVERNMENT SCORES WIN OVER POT CLUBS

U.S. District Judge Charles Breyer on Wednesday handed the government
the prize it sought in its efforts to shut down medical marijuana
clubs -- a permanent injunction.

After asking the clubs whether they would comply with an earlier
ruling that the distribution of marijuana is illegal and receiving no
reply, Breyer granted the government's request, saying he was doing it
in lieu of forcing the government to pursue marijuana patients and
distributors in criminal court.

"In light of the serious penalties faced by the individual defendants
in a criminal proceeding and the unavailability of a medical necessity
defense, the court concludes in its discretion that civil enforcement
of the Controlled Substances Act in the circumstances of these related
cases is appropriate," Breyer wrote.

The move is considered a victory for the government, which can now
avoid charging people in criminal court where juries may be
sympathetic to patients who say they use marijuana as a medical treatment.

It also lowers the burden of proof the government needs to show that
defendants violated drug laws, from beyond a reasonable doubt to a
preponderance of the evidence, in civil court.

During an earlier court ruling, Breyer made clear that he did not want
medical marijuana users to end up in criminal court, where they face
stiff federal drug sentencing laws.

The case is United States v. Cannabis Cultivator's Club,
98-0085.