San Francisco, CA: United States District Judge Charles Breyer has decided to grant the Justice Department’s request for a permanent injunction prohibiting three northern California medicinal marijuana dispensaries from distributing the drug to patients. Attorneys for the Oakland Cannabis Buyers’ Cooperative, one of six dispensaries initially named in the Justice Department’s original 1998 civil suit to shut down the clubs, plan to appeal Breyer’s decision to the Ninth Circuit Court of Appeals.
Judge Breyer determined that, “in the absence of an injunction, the defendants are likely to resume distributing marijuana in violation of the Controlled Substances Act.” Breyer further found: “Given the amount of marijuana distributed by the clubs, the potential prison time faced by the individual defendants under the United States Sentencing Guidelines is significant. Furthermore, the fact that the defendants were distributing marijuana to seriously ill patients is not a defense” under federal law.
“In light of the serious penalties faced by the individual defendants in a criminal proceeding and the unavailability of a medical necessity defense, the Court concludes in its discretion that civil enforcement of the Controlled Substances Act in the circumstances of these related cases is appropriate,” Breyer concluded.
Since October, federal law enforcement officials have busted prominent medical marijuana dispensaries in Los Angeles, San Francisco, Santa Rosa and Sacramento. It is expected that Breyer’s decision will spawn additional raids by federal officials.
NORML Executive Director Keith Stroup called the ruling expected, but unfortunate. “By targeting these dispensaries, the federal government is forcing seriously ill Californians to obtain their medicine on the street from the black market,” he said. “While the government’s actions may result in driving the use of medicinal marijuana underground, they will do nothing to stop the use of medical cannabis by those who require it and have a legal right to it under state law.”
Stroup added that Breyer’s decision does not in any way invalidate California’s Proposition 215, which legalizes the use, cultivation and possession of marijuana by qualified patients.
For more information, please contact either Keith Stroup at (202) 483-5500 or NORML Foundation Legal Director Donna Shea at (202) 483-8751. Full text of Judge Breyer’s order is available online at: http://www.rxcbc.org/legal .