FEDERAL JUDGE RULES AGAINST MEDICAL MARIJUANA CLUBS

(CNSNews.com) - A federal judge in California has ruled in favor of a
Justice Department request to permanently block three northern California
medical marijuana clubs from the distributing the drug to patients.

U.S. District Judge Charles Breyer of San Francisco ruled against the
Oakland Cannabis Buyers Cooperative, the Marin Alliance for Medical
Marijuana and a dispensary located in Ukiah.

Attorneys for the Oakland Cannabis Buyers Cooperative said they would appeal
Breyer's ruling to a higher court.

The U.S. Supreme Court last year rejected the Oakland cooperative's claim
that federal law allowed the distribution of marijuana to patients with a
proven medical need for it.

In his ruling Thursday, Breyer said, "In the absence of an injunction, the
defendants (the clubs) are likely to resume distributing marijuana in
violation of the Controlled Substances Act.

"Given the amount of marijuana distributed by the clubs, the potential
prison time faced by the individual defendants...is significant.
Furthermore, the fact that the defendants were distributing marijuana to
seriously ill patients is not a defense under federal law."

California is one of eight states that allow individuals to grow or use
small amounts of marijuana for medical purposes as long as the use is
ordered and supervised by a physician. Thursday's ruling banned clubs from
distributing the drug.

Keith Stroup, executive director of the National Organization for the Reform
of Marijuana Laws (NORML) said the judge's ruling was expected, but
unfortunate.

"By targeting these dispensaries, the federal government is forcing
seriously ill Californians to obtain their medicine on the street from the
black market," Stroup said.

"While the government's actions may result in driving the use of medicinal
marijuana underground, they will do nothing to stop the use of medical
cannabis by those who require it and have a legal right to it under state
law."

Stroup said he doesn't expect Breyer's decision to invalidate California's
Proposition 215, which legalizes the use, cultivation and possession of
marijuana by qualified patients.

Proposition 215 was approved by California voters in 1996.

Americans For Safe Access, a grassroots campaign in favor of medical
marijuana, expressed displeasure with the judge's ruling as well.

"We demand that all prosecutions of medical marijuana patients, growers and
dispensaries cease immediately. We demand that President Bush and Attorney
General (John) Ashcroft declare a moratorium on the federal anti-medical
marijuana campaign. We demand President Bush declare his support for HR
2592, the States' Rights to Medical Marijuana act," the group declared in a
statement.

But a Drug Enforcement Administration said federal authorities will continue
to take action against the California clubs.

"Cannabis is illegal under federal law. The cannabis clubs are actually
marijuana distribution centers. We will enforce the Controlled Substances
Act," said DEA spokesman Thomas Hinojosa in a statement.