cannabisnews.com: Medical Marijuana Sales At Standstill Medical Marijuana Sales At Standstill Posted by FoM on August 30, 2000 at 12:10:29 PT Co-op to stop selling pot for now Source: Alameda Times-Star The U.S. Supreme Court ordered the Oakland Cannabis Buyers Cooperative on Tuesday not to resume dispensing marijuana as medicine, at least until the high court decides whether to review a lower court's ruling on the matter. "This is just a small bump in the road," said the cooperative's attorney, Robert Raich. "The important decisions in this case are going to be coming later." But for at least a few months, Californians who claim a medical necessity to use the drug will have no legal right to do so. Cooperative executive director Jeff Jones wondered aloud Tuesday what could be wrong with our nation "when people are sick and dying, to have the top court say, 'Give us a few months -- we'll get back to you.'" The Justice Department, which sought the high court's action, would not comment Tuesday. Californians in 1996 approved Proposition 215, which was meant to let seriously ill patients with a doctor's assent get and use marijuana without fear of prosecution. Cancer and AIDS patients use the drug's appetite-boosting effect to combat nausea and weight loss; others use it to fight symptoms of glaucoma, arthritis, migraine, multiple sclerosis and other ills. U.S. District Judge Charles Breyer issued a temporary injunction closing the 2,500-member Oakland cooperative and five other Northern California clubs in 1998 after the government argued federal law bans all marijuana distribution and use, regardless of state law. Last September, the 9th U.S. Circuit Court of Appeal told Breyer to reconsider the case and let the cooperative make a medical necessity argument. Last month, Breyer ruled the government had failed to dispute this argument, so he had little choice but to let the cooperative start dispensing marijuana again. The Justice Department sought the Supreme Court's review of the 9th Circuit decision . Congress has given the Attorney General and the Secretary of Health and Human Services the power to dictate marijuana policy, the department claimed: "It has not left that determination to individual courts or juries -- much less to private organizations like the Oakland Cannabis Buyers." The court voted 7-1 to stay the lower courts' orders. Justice John Paul Stevens dissented, saying the government "failed to demonstrate that the denial of necessary medicine to seriously ill and dying patients will advance the public interest or that the failure to enjoin the distribution of such medicine will impair the orderly enforcement of federal criminal statutes." Justice Stephen Breyer disqualified himself from the case; he's the brother of the U.S. District Judge before whom this case pends. All this action surrounds a temporary injunction the government sought to keep the Oakland cooperative from dispensing the drug while the full case is briefed and argued. Raich said he doesn't expect any progress will be made on getting the full case before a jury until the injunction is sorted out. By Josh Richman, Staff WriterPublished: Wednesday, August 30, 2000Source: Alameda Times-Star (CA)Copyright: 2000 MediaNews Group, Inc. and ANG NewspapersContact: triblet angnewspapers.comAddress: 66 Jack London Sq. Oakland, CA 94607Website: http://www.timesstar.com/Related Articles & Web Site:Oakland Cannabis Buyer's Cooperativehttp://www.rxcbc.org/Medicinal Pot Use Set Backhttp://cannabisnews.com/news/thread6876.shtmlCalif. Clinic's Marijuana Distribution Barred http://cannabisnews.com/news/thread6873.shtmlMedical Marijuana Decision a Death Sentencehttp://cannabisnews.com/news/thread6871.shtmlSupreme Court Bars Distribution of Med. Marijuana http://cannabisnews.com/news/thread6868.shtmlCannabisNews Medical Marijuana Archives:http://cannabisnews.com/news/list/medical.shtml Home Comment Email Register Recent Comments Help Comment #6 posted by kaptinemo on August 31, 2000 at 09:26:44 PT: "And this, too, shall pass" Friends, I'm nobody's idea of a cheerleader. But I am reminded of something my old Patrol Chaplain said once:He was a Korea Vet, and had been a Company Commander before he put on the Chaplain's crosses, so he'd seen plenty of hardship. His favorite passage from the Bible was a very simple one: "And this, too, shall pass." What he meant was that things come in cycles. Bad times. Good times. The trick is to realize this and 'keep on trucking!'Yeah, the antis *think* they've trumped us. They *think* they've bested us. (Game show buzzer noise) Wrong! They've done something very stupid. Instead of keeping this dirty little war in the shadows (where they have been able to control the public's perception of it) they have just pushed this into the light, where everyone can see it. And question it. And given that the only reason why it has gone on as long as it has is simply that IT HAS NEVER BEEN HELD TO THE DEGREE OF PUBLIC SCRUTINY THAT ANY OTHER GOVERNMENT POLICY IS. To question it has been the equivalent of religious heresy, with almost certain 'excommunication' from the political fold being the least of a Congresscritter or Senators' worries.But now this will be decided by the Supreme Court; it *has* to now, it has been squarely lobbed onto their plate. They can't dodge this one. And questioning *its'* authority is tantamount to the same thing. The pols who are secretly for decrim are off the hook; they can sit back and sagely nod their heads, and offer wise counsel. They can sit back and let the Court take the heat. The antis will be shown for the intellectual frauds they are, as they trot out one discredited study after another to justify their failed war on cannabis. The public will finally see with their own eyes just how this mess came about - and what needs to be done. I'm sure the Supremes may know that they have just been handed one of the most important cases of the new Century; they may know that the fate of representative government in the US is hinging on what they do and say about Prop215. To invalidate it is to open a can of worms; the last time such a can was opened, we had guys in blue coats shooting at their brothers, who wore gray coats.Nobody but an idiot wants a replay.So, this may actually be the best thing that could have happened. But in any case, we are not down for the count. Not by a long shot. [ Post Comment ] Comment #5 posted by FoM on August 30, 2000 at 20:41:43 PT We will win! Hi MikeEEEEE and all!I guess I am one that was surprised by this. I try to look at the world thru rose colored glasses. I don't think I could do news everyday if I didn't feel that way. I get down about the news but I always seem to find a silver lining. This is a hard blow. I feel we won't have a democracy in any way, shape, or form soon if they don't lighten up. I know the laws won't be changed for children and that shouldn't be an issue but they make it one. Kids can't drink alcohol until they become an adult and they won't be able to smoke pot either. I don't believe an underage child should be punished if he smokes and gets in trouble but that won't be the way it will be I think. Why don't they understand that most adults that are for legalization and medical marijuana do believe that way? Why are adults being punished for what some kids are doing? This world is not just for kids but for adults too. Medical marijuana should be legal now and it should have been already a long long time ago! We will win but the cruelty of the administration sometimes seems beyond belief. Thanks for reading my rant and I am fine but this has me upset.Peace and we shall overcome someday! I hope soon too!Peace, FoM! [ Post Comment ] Comment #4 posted by MikeEEEEE on August 30, 2000 at 18:59:28 PT ???? I'm not sure why some of you are surprised at this ruling, I expected it, I knew the Feds had another card to play. Don't let it get you down, obviously the Feds will do anything, we should too, but never talk about it on here.Peace to you all, we will win. [ Post Comment ] Comment #3 posted by kanabys on August 30, 2000 at 13:42:09 PT If that's true...... If what Dan says is true, and I have no doubt it is, that 1/5 of the american population was in the vote of these few states, then, I would really LOVE to see a nationwide vote! Anyone care to hazard a guess on the percentage? [ Post Comment ] Comment #2 posted by Dan B on August 30, 2000 at 12:37:19 PT: Keep Fighting This ruling may be a small bump in the road to some, but I fear it may very well be a harbinger of things to come. Confidence has been expressed in this forum concerning the Supreme Court's decision in this case, suggesting that many believe the verdict will be in favor of the Oakland Cannabis Club. But the Supreme Court obviously does not care about the welfare of medical patients in the interim between verdicts, nor does it seem to care about the will of one fifth of the people in this country who voted to legalize marijuana (the populations of the seven states that voted in medical marijuana initiative collectively amount to about 1/5 of the total American population). It sickens me that The Supreme Court has, in essence, signed the death warrants of who knows how many people relying on marijuana from clubs like the Oakland Cannabis Club for medicinal purposes.Gotta run...May write more later. [ Post Comment ] Comment #1 posted by FoM on August 30, 2000 at 12:21:00 PT County Won't Be Affected by Pot Club Ruling Published: August 30, 2000By Randi RossmannPress Democrat Staff Writer Source: Santa Rosa Press Democrat (CA)Copyright: 2000, The Press DemocratContact: letters pressdemo.comWebsite: http://www.pressdemo.com/index.htmlAuthorities said procedures carved out in Sonoma County for marijuana use by seriously ill patients won't be affected by Tuesday's U.S. Supreme Court ruling.District Attorney Mike Mullins said the ruling reinforces the mechanics put into place after voter approval in 1996 of Proposition 215, the medical marijuana initiative."It means that what we're doing here, our reading of the law, is correct," he said. "We haven't been allowing cannabis clubs. If we had one, I'd close it down" in light of the ruling.There is a cannabis club in Ukiah, which has been open four days a week for the past 3˝ years, selling marijuana to people who have a doctor's recommendation.Marvin Lehrman, spokesman for the Ukiah Cannabis Buyers Club, said he already was receiving calls from people asking if the club would be open Thursday, its next scheduled business day.Lehrman said he would have to consult with his attorney before commenting.Mendocino County District Attorney Norm Vroman also declined comment until he could review the ruling.Paul Klopper, a legal aid attorney in Santa Rosa who has been active on the issue, said the ruling shouldn't have an immediate affect in Sonoma County. He said advocates will have to wait and see if the court takes further action. 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