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| Judge Stalls Pot Club’s Defense |
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Posted by FoM on April 22, 2002 at 20:06:32 PT Daily Planet Wire Report Source: Berkeley Daily Planet 
A federal judge in San Francisco spent little time Friday on a bid by the Oakland Cannabis Buyers' Cooperative to raise new arguments about why it should be allowed to dispense medical marijuana.Instead U.S. District Judge Charles Breyer devoted most of a hearing to discussing how to respond to the Justice Department's request to close out the case in the wake of a U.S. Supreme Court ruling against the club last year. Breyer opened the session by saying he wanted to figure out whether a permanent injunction against the club would be needed in addition to a summary judgment requested by the government. “Assuming I enter judgment in favor of the government, is it necessary to enter an injunction?” Breyer asked Justice Department attorney Mark Quinlivan. Quinlivan said the department did want a permanent injunction to prevent the four-year-old case from dragging out several more years. While seeming to give scant encouragement to the club, Breyer took the case under submission at the end of the hearing and said he will rule at a later date on requests from both sides. The Oakland cooperative is one of a number of medical marijuana clubs that sprang up after voters passed an initiative, Proposition 215, that allows patients to use marijuana upon a doctor's recommendation. The federal case before Breyer began as six civil lawsuits filed by the Justice Department in 1998 to halt the marijuana operations of six Northern California clubs. The suits claimed that federal anti-drug laws override the state law. Last year, the Oakland club lost its initial attempt at a defense when the U.S. Supreme Court, overruling a federal appeals court in San Francisco, declared that federal law does not allow a”medical necessity” exception for providing marijuana to seriously ill patients. The club has now asked Breyer to consider exceptions based on other grounds, such as a patient's right to seek medical treatment and the state's right to regulate commerce within its own borders. The cannabis club wants Breyer to dissolve or modify a preliminary injunction now in effect, while the government has asked for a summary judgment and a permanent injunction. The state Attorney General's Office also weighed in on the case Friday, with Special Deputy Attorney General Taylor Carey urging Breyer to try to reconcile the federal and state laws in a way that would enable patients to possess marijuana. Outside of court, the Oakland club's executive director Jeff Jones said the cooperative is continuing to identify patients and conduct educational activities. He said the club has 10,000 member patients who have updated their files within the past year. Two of the other clubs sued by the Justice Department — the Marin Alliance for Medical Marijuana and the Ukiah Cannabis Buyer's Club — still exist, but have never been found to have violated the injunction. Two others, the Cannabis Cultivators Cooperative of San Francisco and the Santa Cruz Cannabis Buyers Club, no longer exist, but remain defendants in the government's summary judgment motion, attorneys said. The sixth club, the former Flower Therapy Medical Marijuana Club in San Francisco, is defunct and has been dismissed from the case. Source: Berkeley Daily Planet (US CA) Related Articles & Web Site: OCBC Vs US Government News State Fights for Medical Pot Use Medical-Pot Backers Get Cool Reception California Cannabis Clubs Organize to Fight Feds Home Comment Email Register Recent Comments Help |
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| Comment #4 posted by p4me on April 22, 2002 at 22:50:00 PT |
| Please distribute.
181+ cities worldwide and counting!!!
Cannabis Liberation Day. May 4 2002. Worldwide.
Million Marijuana March (MMM).
This distribution page is at
http://corporatism.tripod.com/mmm2002pr.htm and
http://www.angelfire.com/rnb/y/mmm2002pr.htm and
http://members.fortunecity.com/multi19/mmm2002pr.htm
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| Comment #3 posted by p4me on April 22, 2002 at 22:45:37 PT |
| In a very touching gesture Nol van Schaik has given his half of the Dutch Experience to Colin Davies, presently in Her Majesty's prison. Nol writes on the DE messageboard: Stockport is actually enjoying all the unexpected attention, while Colin is still suffering in Strangeways, hardly enjoying any attention. His sacrifice for his cause will be rewarded, in the end, but is hard to undergo, and does not get much coverage in the press. The press think it is easier to ask me, and, of course, I do comply, to speak up for the cause and Colin. I have asked all media to try and get in touch with Colin, but that does not seem to have much effect. Therefore, I think it will help to make a strong statement, by donating my share in the Dutch Experience to Colin, making the first coffeeshop a full UK enterprise. That means all questions asked can only be adressed to Colin, or to the people keeping the DE alive, in his absence. I will no longer give interviews about the DE, it is time they ask the man behind the plan and behind bars, Colin Davies. VAAI [ Post Comment ] |
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Comment #2 posted by SoberStoner on April 22, 2002 at 22:26:16 PT:
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| “Assuming I enter judgment in favor of the government, is it necessary to enter an injunction?” Breyer asked Justice Department attorney Mark Quinlivan. God, why not just ask him to write up your decision as well? I dont know how the Oakland lawyers can even sit there, i get so disgusted just hearing quotes from this railroading that i would walk out of the courtroom if i was there. This isnt a trial, this is a charade and a travesty of justice. Someone get me a shovel, this crap is getting entirely too deep. SS [ Post Comment ] |
| Comment #1 posted by p4me on April 22, 2002 at 22:18:24 PT |
| Quinlivan said the department did want a permanent injunction to prevent the four-year-old case from dragging
out several more years Let's see where do we start? Marijuana should have never been made illegal in 1937? Nixon was the warped President that said in his world nothing should be twisted in defiance of the advice of Presidential Commission in 1972? But no, we can not legalize it now. That would make more sense. The prohibitionist want some stones in the wall and they need to be permanent. The reformers from the Valley of Reason are forming against the insane that do not want the cancer of the WOD minus T&A removed. We will not need to tear down the nice prohibitionist wall. We will come through your best gates and widest roads. VAAI [ Post Comment ] |
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