Important note: Information in this article was accurate in 1998. The state of the art may have changed since the publication date.
Associated Press - Wednesday October 21 6:07 PM EDT
"We're definitely making history," said Jeff Jones, executive director of the club. "It's another time the city has come out and allowed patients to keep their rights."
San Francisco and Berkeley have previously declared medical emergencies to allow distribution of intravenous needles to drug users to curb the spread of HIV. But no other city has passed such a measure to allow use of marijuana for medical reasons.
"It's going to be devastating," said Dave Fratello of the closure. His group, Americans for Medical Rights, sponsored Proposition 215, the 1996 ballot measure that legalized marijuana use for medical reasons in California.
"Many people don't know where to go and other people are going to get ripped off," Fratello said earlier this week.
Proposition 215 allows patients and caregivers to possess and grow marijuana without prosecution under California law, as long as a doctor has recommended the drug to relieve pain from AIDS or cancer treatment, glaucoma or other conditions.
The Justice Department and state Attorney General Dan Lungren have repeatedly gone to court to block the law, and Mayor Elihu Harris, who cast the deciding vote, acknowledged that their declaration is just a "symbolic gesture."
It won't mean the club will reopen, and the council seemed wary about the city getting into the distribution business itself. But some council members were determined to send a message.
"We still have an AIDS epidemic and medical marijuana has been proven to help relieve some of the suffering," said councilman Nate Miley, who sponsored the declaration. "Why is the federal government interfering with the will of the people?"
One possible alternative would be to set aside city property for growing and harvesting marijuana by patients with doctor's recommendations, Jones said. It would be less likely that the city would hire people to distribute the drug.
When U.S. District Judge Charles Breyer issued an injunction in May barring six Northern California clubs from distributing marijuana, Oakland city officials designated marijuana club officials as city agents, invoking a federal law that protects state and local officers from liability while enforcing drug laws. But Breyer said the club was violating the law, not enforcing it.
The club closed down on Monday after the 9th U.S. Circuit Court of Appeals rejected a request to stay open while attorneys appeal a federal judge's ruling that the club was in contempt of court for continuing to distribute pot. Club customers said their needs are urgent.
"Marijuana allows me to sleep, allows me to eat," observed Ken Estes, a quadriplegic who had purchased pot at the club. "Without marijuana, I'd be dead."
981021
AP981026
Copyright © 1998 - Associated Press. Reproduction of this article (other than one copy for personal reference) must be cleared through the AP Permissions Desk.
AEGiS is a 501(c)3, not-for-profit, tax-exempt, educational corporation. AEGiS is made possible through unrestricted funding from Broadway Cares/Equity Fights AIDS, Elton John AIDS Foundation, National Library of Medicine, Pacific Life Foundation, and donations from users like you.
Always watch for outdated information. This article first appeared in 1998. This material is designed to support, not replace, the relationship that exists between you and your doctor.
AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All information contained on this website, including information relating to health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals. Always discuss treatment options with a doctor who specializes in treating HIV.
Copyright ©1980, 1998. AEGiS. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content. .