cannabisnews.com: City Ponders How To React To Marijuana Ruling City Ponders How To React To Marijuana Ruling Posted by FoM on May 19, 2001 at 18:09:07 PT By Steve Sexton, Daily Cal Staff Writer Source: Daily Californian With this week's U.S. Supreme Court ruling barring distribution of medical marijuana, Berkeley officials are wondering what to do with the city's new policies regarding the drug. The unanimous decision in the federal government's case against the Oakland Cannabis Buyers' Cooperative affirms that marijuana growers and distributors are subject to federal prosecution even though state law allows the drug to be handed out for medical reasons. Berkeley Mayor Shirley Dean, who was surprised by the court's opinion, said the city will have to wait and see what the practical effects of the ruling are. She said the city's recently passed medical marijuana ordinance, which allows patients to grow 10 marijuana plants, will remain in effect, though she was not sure if plans to establish zoning for co-ops in Berkeley are appropriate. "I don't know if the city should clarify zoning for an 'illegal activity,'" Dean said. She said the city attorney, who could not be reached for comment yesterday afternoon, will play an active role in determining the city's response to the ruling. "It puts the city in an extremely difficult position because the city cannot knowingly violate federal law," Dean said. "I don't think the city can ignore federal law, but I also don't think it has to enforce it." The city may not have a large role to play in enforcing the law, said Jesse Choper, a professor of public law at UC Berkeley's Boalt Hall School of Law. Choper said the local police have no responsibility to enforce the federal law, though he cautioned that the city might send the wrong message to residents if it does not take an appropriate stance on the issue. "If the city is going to encourage people to distribute marijuana, they are encouraging people to break the law," Choper said. While the city is unsure of how to proceed after the Supreme Court decision, Choper said the opinion is straightforward. The federal law banning marijuana supercedes California's Proposition 215. Under California law, it is still legal to grow marijuana for medical reasons, but as Choper said, "the Feds" can prosecute people for violating the federal law. Officials from medical marijuana co-ops, however, said the decision is not the final word on the matter. Jeff Jones, who directs the Oakland Cannabis Buyers' Cooperative, said the court created an unenforceable policy. "It is frustrating that the battle ended with such a narrow interpretation and intolerance," he said. The battle began on May 19, 1998, when a U.S. District Court Judge ordered the co-op to stop distributing marijuana. The co-op appealed that ruling and won, but the case finally made its way to the nation's highest court in March. The co-op argued that the necessity for medical marijuana warrants an exception to the Controlled Substances Act. But as Justice Clarence Thomas asserted in the majority opinion, no exception was intended by Congress. "For marijuana, and other drugs that have been classified as 'schedule I' controlled substances, there is but one express exception, and it is available only for government-approved research projects," Thomas wrote. Jones said a movement to reclassify the drug as a less-restricted drug is under way, with one bill before Congress. The cooperative has stopped distributing marijuana and instead focuses on teaching patients how to grow their own plants. Kevin Sabet, president of Citizens for a Drug Free Berkeley, said his organization is considering legal options in case the city does not enforce the federal law. He said the medical marijuana movement is a front for advocates wanting to make the drug legal. "Patients are just the puppets for those who want to legalize the drug," he said, adding that city officials will be unlikely to enforce the law as they pursue the votes of those who use marijuana. "People are worried about political careers, not terminally ill people."Complete Title: City Ponders How To React To Medical Marijuana Ruling Source: The Daily Californian (CA)Author: Steve Sexton, Daily Cal Staff Writer Published: Friday, May 18, 2001Copyright: 2001 The Daily CalifornianContact: opinion dailycal.orgWebsite: http://www.dailycal.org/Related Articles & Web Site:O.C.B.C. Versus The U.S. Government News http://www.freedomtoexhale.com/mj.htmLittle Consensus On Consequences of Court Ruling http://cannabisnews.com/news/thread9782.shtmlBerkeley Ponders Marijuana Ruleshttp://cannabisnews.com/news/thread9655.shtmlProtest Demand Increase of Marijuana Plant Limithttp://cannabisnews.com/news/thread9651.shtml Home Comment Email Register Recent Comments Help Comment #1 posted by lookinside on May 19, 2001 at 18:51:09 PT: getting it... kevin sabet is obviously trying to get his name in thepaper...i have the feeling his organization could holdmeetings in an old fashioned phone booth with room forvisitors... [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: