cannabisnews.com: Marijuana Clubs Lose One in Court Marijuana Clubs Lose One in Court Posted by CN Staff on May 03, 2002 at 15:11:39 PT By Bob Egelko, Chronicle Staff Writer Source: San Francisco Chronicle In another setback for medical marijuana advocates, a federal judge ruled today that the federal government didn't violate states' rights or individual liberties by shutting down Northern California marijuana dispensaries. The Oakland Cannabis Buyers' Cooperative, joined by a Marin County marijuana club, launched a constitutional challenge after the U.S. Supreme Court ruled last year that federal drug laws contained no exemption for cases of medical necessity. But U.S. District Judge Charles Breyer said the federal government has the constitutional authority to regulate drug activity, even if it takes place entirely within a state's boundaries. He also said the clubs had no legal standing to assert the constitutional rights of individuals who obtain marijuana from them. Lawyers for the dispensaries had anticipated the defeat and said in advance that they would take the case to the U.S. Court of Appeals in San Francisco. That court ruled in 2000 that the clubs could distribute marijuana to patients who met the criteria for "medical necessity" -- showing that the drug would relieve severe pain or the side effects of treatment for AIDS or cancer, and that they had no legal alternative. The Supreme Court disagreed but left the door open for other arguments. In the case before Breyer, lawyers for the clubs argued that enforcement of federal drug laws against marijuana grown and distributed in California exceeded the government's authority to regulate interstate commerce. They also contended the state has the constitutional authority to protect its residents' health and welfare, free of federal interference. As a result of the Supreme Court ruling, the Oakland cooperative, which has formal city sponsorship, was barred from distributing marijuana. The Marin Alliance for Medical Marijuana, in Fairfax, and clubs in Ukiah and Santa Cruz were also affected. The Justice Department sued those clubs, and two now-defunct San Francisco dispensaries, after California voters passed Proposition 215 in 1996. The measure legalized growing and using marijuana for medical purposes under state law, with a doctor's recommendation, but did not affect federal law. Despite the federal lawsuit, marijuana distribution clubs continue to operate in San Francisco and other communities, with the cooperation of local authorities. Federal drug agents have raided clubs in San Francisco and West Hollywood this year. Note: Federal government didn't violate states' rights, ruling says. Source: San Francisco Chronicle (CA)Author: Bob Egelko, Chronicle Staff WriterPublished: Friday, May 3, 2002 Copyright: 2002 Hearst Communications Inc. - Page A - 15 Contact: letters sfchronicle.comWebsite: http://www.sfgate.com/chronicle/Related Articles & Web Sites:OCBChttp://www.rxcbc.org/OCBC Vs US Government Newshttp://freedomtoexhale.com/mj.htmJudge Rejects Oakland Marijuana Club's Argumentshttp://cannabisnews.com/news/thread12719.shtmlAre Pot Clubs About to Go up in Smoke?http://cannabisnews.com/news/thread12616.shtmlCalifornia Cannabis Clubs Organize to Fight Feds http://cannabisnews.com/news/thread12569.shtml END SNIP --> Snipped Home Comment Email Register Recent Comments Help Comment #1 posted by John Markes on May 04, 2002 at 04:58:57 PT Hmmm... Seems the good (or bad) Judge Breyer never got around to learning to read as a child like most other children. IF he had, he might have been able to read the Commerce Clause and the 14th amendments... The federal government has no authority over intrastate commerce, especially when it does NOT affect interstate commerce. But then, the federal government, sponsor of the illegal black market, WANTS people to preferably get their marijuana from out of state sources so drug war profiteers can make money on the drug war... In other news... [ Post Comment ] Post Comment