Important note: Information in this article was accurate in 2000. The state of the art may have changed since the publication date.
Bay Area Reporter - November 30, 2000
Liz Highleyman
This week's decision is the latest involving the case of the Oakland Cannabis Buyers' Cooperative. In January 1998, the federal government filed a lawsuit against the OCBC and five other California buyers' clubs to prevent them from providing medical marijuana. Federal Judge Charles Breyer issued a preliminary injunction imposing such a ban, and the Oakland club stopped selling marijuana in October of that year.
However, in September 1999, the 9th Circuit Court of Appeals reversed Breyer's ruling and instructed him to reconsider the case. The court stated that the OCBC had "identified a strong public interest in the availability of a doctor-prescribed treatment that would help ameliorate the condition and relieve the pain and suffering of a large group of persons with serious or fatal illnesses," and that the federal government had "offered no evidence to rebut evidence that cannabis is the only effective treatment for a large group of seriously ill individuals."
This past July, Breyer reversed himself and allowed the OCBC to provide cannabis to patients once again. The Clinton administration appealed the lower court ruling, arguing that the distribution of medical marijuana "threatens the government's ability to enforce the federal drug laws." This past August, the Supreme Court ruled 7-1 that the Oakland club could not distribute medicinal cannabis while the case was under appeal. Supreme Court Justice Stephen Breyer, the brother of Charles Breyer, recused himself from the case.
According to OCBC lawyer Annette Carnegie, the federal Controlled Substances Act does not prohibit the provision of marijuana for medical purposes. She said that choices about the use of medicinal cannabis "are best made by physicians and not by the government."
The OCBC argument is based on California's Proposition 215, the medical marijuana initiative passed by the state's voters in November 1996. Citizen initiatives in favor of medical cannabis have since passed in seven other states and the District of Columbia, including Colorado and Nevada, which passed such propositions earlier this month. Hawaii has the only medical marijuana law put into effect by a state legislature.
001130
BR001123
Copyright © 2000 - The Bay Area Reporter. Reproduction of this article (other than one copy for personal reference) must be cleared through the The Bay Area Reporter.
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, the National Library of Medicine, Pacific Life Foundation and donations from users like you.
Always watch for outdated information. This article first appeared in 2000. 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, 2000. 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. .