HIGH COURT BARS CALIF. CLINIC'S MARIJUANA DISTRIBUTION

Newshawk: Jo-D and Tom-E
Pubdate: Wed, 30 Aug 2000
Source: Washington Post (DC)
Copyright: 2000 The Washington Post Company
Contact: letterstoed@washpost.com
Address: 1150 15th Street Northwest, Washington, DC 20071

Author: Rene Sanchez, Washington Post Staff Writer

HIGH COURT BARS CALIF. CLINIC'S MARIJUANA DISTRIBUTION

LOS ANGELES, Aug. 29 - The U.S. Supreme Court today barred a California clinic from
distributing marijuana to patients for medicinal purposes, throwing into turmoil the state's
groundbreaking law that allows the practice.

Acting on an emergency request from the Clinton administration, the court voted 7 to 1 to
prohibit the operations of an Oakland cannabis club that is at the center of a four-year legal
battle between the federal and state governments.

But the court's decision neither overturns the medicinal marijuana initiative that California
voters approved in 1996 nor effectively ends distribution of the drug to patients around the
state.

That main issue of Proposition 215's legality is still before a federal appeals court. And
because of the uncertain situation--the federal government insists marijuana distribution to
people with cancer, AIDS and other diseases is illegal--local governments around California
continue to allow patients either to grow marijuana on their own or use it with the blessing of
health departments. A few other cannabis clubs operate with local support; others have gone
underground for the time being.

The Justice Department sought the Supreme Court's help after a federal court this summer
allowed the Oakland club to keep distributing marijuana to patients with a doctor's
prescription, until the legal case is resolved.

Federal lawyers had argued that the ruling set a dangerous precedent and provided a
justification for illegal drug trafficking.

Five other states have approved the use of medicinal marijuana. The issue will be on the
ballot in two others, Nevada and Colorado, in November.

Advocates for using marijuana medicinally expressed concern that today's decision signaled
that the Supreme Court may eventually strike down California's law. But for now they said it
would not have significant implications for most patients around the state who are using the
drug.

"The clubs are only part of this--there are other ways that local governments are giving it their
tacit approval and helping patients," said Gina Pesulima, a spokeswoman for Americans for
Medical Rights, a group that led the campaign for the California law and similar ones around
the country.

"This is a small bump in the road. The important issues in this case will be decided later,"
said Robert Raich, lawyer for Oakland cannabis club. "It is a travesty that the Clinton-Gore
administration is trying so vigorously to keep the only medicine that works away from patients
who so desperately need it."

MAP posted-by: Jo-D