cannabisnews.com: Judge Rejects Oakland Marijuana Club's Arguments Judge Rejects Oakland Marijuana Club's Arguments Posted by CN Staff on May 03, 2002 at 13:57:04 PT Breaking News - Bay City News Source: Associated Press A federal judge in San Francisco today rejected the remaining arguments of the Oakland Cannabis Buyers' Cooperative as to why it should be allowed to dispense medical marijuana. Instead, U.S. District Judge Charles Breyer issued a summary judgment in favor of the U.S. Justice Department in a four-year-old civil lawsuit against the Oakland club and four other Northern California marijuana clubs. Breyer said in a written ruling "there is no genuine material dispute that defendants violated'' a federal drug law "several times in 1997 by distributing marijuana.'' The judge held off on granting the government's request for a permanent injunction against the five clubs. He said he will accept further briefs on whether a permanent injunction is necessary. Meanwhile, a preliminary injunction is still in effect against the Oakland club. A spokeswoman said the club is continuing to abide by that injunction. She said club director Jeff Jones was out of town today and not immediately available for comment. The ruling comes in the wake of a U.S. Supreme Court decision last year that said federal law does not allow a "medical necessity'' defense exception for providing marijuana to seriously ill patients. The Oakland club then sought unsuccessfully to raise other constitutional arguments in its defense. A 1996 voter-approved California law authorized the use of medical marijuana upon a doctor's recommendation, but the federal courts have said U.S. drug laws trump the state law. Source: Associated PressPublished: Friday, May 3, 2002 Copyright: 2002 Associated PressRelated Articles & Web Sites:OCBChttp://www.rxcbc.org/OCBC Vs US Government Newshttp://freedomtoexhale.com/mj.htmAre Pot Clubs About to Go up in Smoke?http://cannabisnews.com/news/thread12616.shtmlMedical-Pot Backers Get Cool Reception http://cannabisnews.com/news/thread12590.shtmlCalifornia Cannabis Clubs Organize to Fight Feds http://cannabisnews.com/news/thread12569.shtml Home Comment Email Register Recent Comments Help Comment #2 posted by FoM on May 03, 2002 at 14:27:39 PT el_toonces You're welcome. I don't undestand exactly what this means but maybe a few more articles will make it clearer to me. I can't believe the amount of news that is happening over the last 2 days. I can't wait to get my satellite hooked up. [ Post Comment ] Comment #1 posted by el_toonces on May 03, 2002 at 14:10:28 PT: Thanks, FoM! thanks! [ Post Comment ] Post Comment