Federal
Judge
Rejects
Oakland
Buyers'
Club
Status,
Rejects
Government's
Call
for
Immediate
Shut-Down
9/04/98
U.S. District Judge Charles Breyer on Monday (8/31) rejected the Oakland city council's rather creative attempt to shield that city's medical marijuana buyers' club from prosecution under the federal controlled substances act, but declined the federal government's request to order the club shut down. Instead, Breyer indicated that he is considering allowing a jury to decide on the question of medical necessity on the part of those who are using the club. Jeff Jones, director of the Oakland Cannabis Buyers' Cooperative told The Week Online, "First, we haven't seen the written ruling yet, and we're anxious to read it in its entirety, but I'd call the decision a mixed bag. While Judge Breyer failed to recognize our immune status, he also barred the U.S. Marshall's service from coming in to shut us down. We'll appeal the first part of that, of course. "Interestingly, when the U.S. Attorney argued to the court that we were illegal under California law under People v. Peron, Judge Breyer told him that he was under the impression that we were legal under state law, and offered the government the chance for a hearing on that issue. But the government backed down, rather than have that point decided definitively." Jones Continued, "I am still recognized by the city of Oakland as a city officer, and we are still operating under the assumption that we are immune from federal law because of that designation. And as to the possibility of a jury trial, we are determined to have this case heard by a jury of Californians, who voted strongly in favor of this issue, who were not and have never been misled about the issue and who will see and surely decide that we are committed to relieving human suffering, while the federal government is, in this case, committed to prolonging and exacerbating that suffering. It will be the first time anywhere that a medical necessity defense has been heard with regard to multiple patients, and we are confident as to the outcome of such a trial." The U.S. Attorney's office did not return a phone call for comment on this case.
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