cannabisnews.com: Oakland Pot Club Takes Case To U.S. Appeals Court
Oakland Pot Club Takes Case To U.S. Appeals Court
Posted by CN Staff on June 13, 2002 at 19:40:57 PT
Breaking News
Source: KTVU-TV
A lawyer for the Oakland Cannabis Buyers' Cooperative says that the club will now take its case to a U.S. appeals court in the wake of a final order by a federal trial judge in San Francisco this week. U.S. District Judge Charles Breyer issued a permanent injunction Monday barring the Oakland cooperative, the Fairfax-based Marin Alliance for Medical Marijuana and three other Northern California medical marijuana clubs from distributing the drugs.
Together with a summary judgment issued by Breyer last month, the permanent injunction closes out the government's civil case against the five clubs at the trial level -- except for possible future contempt of court proceedings if the injunction is violated. A 1996 voter-approved California law authorized the use of medical marijuana upon a doctor's recommendation, but the federal courts have said the state law is trumped by U.S. laws that make it a crime to distribute marijuana. The Oakland club lost a key argument last year when the U.S. Supreme Court said federal law does not allow a "medical necessity'' exception for providing marijuana to seriously ill patients. But the group's lawyer, Robert Raich, said the club will now appeal several other constitutional claims to the 9th U.S. Circuit Court of Appeals in San Francisco. Those arguments include claims that patients have a due process right to seek medical treatment and that the state of California has the right to regulate commerce within its own borders. The permanent injunction applies to the Oakland and Marin cooperatives, as well as the Ukiah Cannabis Buyer's Club and two clubs that no longer exist, the Cannabis Cultivators Cooperative of San Francisco and the Santa Cruz Buyers Club. A sixth club named in the Justice Department's 1998 lawsuit, the Flower Therapy Medical Marijuana Club in San Francisco, was dismissed from the case after it closed its doors and agreed to stop distributing marijuana. Source: KTVU - Fox2 and Bay City NewsPublished: June 13, 2002Copyright: 2002 KTVU-TVWebsite: http://www.bayinsider.com/partners/ktvu/Contact: http://www.bayinsider.com/partners/ktvu/aboutus/feedback.htmlRelated Articles & Web Sites:Oakland Cannabis Buyer's Cooperativehttp://www.rxcbc.org/OCBC Versus US Government http://freedomtoexhale.com/mj.htmFederal Injunction Halts Pot Buyers Clubshttp://cannabisnews.com/news/thread13113.shtmlState's Top Court Mulls Medical Marijuana Law http://cannabisnews.com/news/thread13050.shtml
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Comment #6 posted by lag on June 14, 2002 at 11:24:20 PT
question
Is the public smoking for cigarettes in California a state level initiative?If so how come that has more clout than something that is also meant to help people, such as Prop 215.
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Comment #5 posted by paul peterson on June 14, 2002 at 09:15:19 PT:
PLEASE TELL THESE PEOPLE THE ANSWER
John Markes, you said a mouthful: 1) will they get fair judges? No. 2) do they (the feds) lack jurisdiction? Yes. 3) will this help the cause of the clubs? No. 4) why? Because the feds have this "FICTION" they call "effect of intrastate sales on interstate commerce! 5) what to do about it? I've already railed about this enough, but one more time can't hurt-DO LIKE THEY DO IN OREGON, UP THERE WHERE THE DEA AND THE ANTI-LOPERS DON'T PLAY. 6) how does it work? In Oregon they forbid ANY DISTRIBUTION, so the feds have no JURIS-DIICTION. I'm thinking the California Klubs need to turn into seed weed and feed clubs, that's what. Get a bunch of cities and towns to hire a bunch of public minded servants to come in to your homes once a week or so and "tend the garden" of the sick person him (or herself). They could be like those green machine people that come into offices and water the plants and fertilize, etc. If there is no "commercial transaction" the DEA don't get the press of sounding pissed about medical marijuana, thats what! Then the rest of the country doesn't get to think militaristic about pot. Right now the only press that gets out is how vicious those feds are, and there are about 35 states where the old folks at home still think medical marijuana is so bad it is terroristic or something. Once California proves that they can learn from Oregon (or the other states that are quietly consolidating control of the feds by standing clear of that "commerce clause" FICTION thingy), then we can start to own the media circus for a change. Remember, although 9 out of 10 web sites agree with us on this, 9 out of 10 older Americans (you know, the ones that VOTE, PEOPLE) just hear the wicked media circus that ASA AND FRIENDS JUST LOVE TO LOVE TO DEATH ABOUT THEIR FBI DRAGNET ANNIE GET YOUR GUN KINDA GUNSMOKE HOME ON THE RANGE, MOM & APPLE PIE LETS KEEP THESE DRUGS OUTA THE SCHOOL AND POT CAUSES YOU TO GET HAIR ON YOU PALMS KINDA RHETORIC, etc. I'm done now, thanks for listening. PAUL PETERSON- California clubs, go get a life, and send in the weed whackers, just keep outa the COMMERCE CLAUSE FICTION, OK? 312-558-9999
http://ILLINOIS-MMI.org
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Comment #4 posted by CorvallisEric on June 14, 2002 at 02:57:20 PT
More from Merrie Olde England
MPs got quite an unexpected earful from four members of the National Youth Parliament. Liane Katz was there to hear what today's youth had to say ...
So what did these fine young citizens have to say about those perennial minefields, drugs and sex education in schools?
A desire to see cannabis legalised was universal along with uncomforting belief that people would take it whatever the government said.
James' attempts at a joke: "We need more information about drugs to make informed decisions - apart from where to get them," drew nervous laughter from the room.
Guardian article
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Comment #3 posted by p4me on June 14, 2002 at 02:06:34 PT
2 articles from UK Independent
Here are 2 articles from the June 14th edition of the Independent.Police chiefs set to extend Lambeth's soft line on drugs Relaxed approach on cannabis possession will be rolled out to other parts of the country despite warnings about risk to schoolchildren: http://news.independent.co.uk/uk/crime/story.jsp?story=305081If you want it, Brixton's got it. Skunk, ganja and a heated debate on every street corner: http://news.independent.co.uk/uk/crime/story.jsp?story=3050801
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Comment #2 posted by p4me on June 13, 2002 at 23:38:43 PT
NY Times and Washington Post
That was a great link put up yesterday about http://www.hated.com/ Ledher, I enjoyed that one paragraph about how the drug war that is supposed to keep the social fabric intact is wxactly what is tearing it apart.You can check the New York Times for the use of the word MARIJUANA on a daily basis if you want. Today the only article that contained the word was the murder case in San Diego. The Washington Post will not let you chose a search for todays paper but will automatically do a search for 14 days. Anyway, today's Wahington Post had one article in the Metro section and this is it in its entirety.Group Wants Marijuana Issue on Ballot A group that supports medical marijuana use in the District began gathering
signatures yesterday to place an initiative on the November ballot which, if
passed, would allow seriously ill patients to legally grow, possess and use
their own marijuana if they have their doctor's approval.
In the coming week, about 30 people will be at Metro stops, grocery stores
and the Department of Motor Vehicles to collect signatures, said Robert
Kampia, executive director of the Marijuana Policy Project. The group has until July 8 to turn in 17,000 valid signatures to the D.C. Board
of Election and Ethics.1
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Comment #1 posted by John Markes on June 13, 2002 at 23:22:17 PT
yup
The feds lack jursidiction... If they get fair judges the club should win...
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