Important note: Information in this article was accurate in 1998. The state of the art may have changed since the publication date.
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AIDS TREATMENT NEWS Issue #301, August 21, 1998
John S. James
The measure is intended to shield the club from continuing Federal efforts to prevent medical marijuana distribution under California's Proposition 215, the voter-approved initiative to allow medical marijuana under California law. Legal experts agree that Federal law takes precedence over state law. But the same Federal legislation being used to attack medical marijuana in California--the Federal Controlled Substances Act--also provides that officers will not be prosecuted for possessing or selling drugs as part of their duties under local laws.
Legal experts differ on whether this argument will be upheld by the courts; the next Federal hearing against the Cooperative is August 31. But Oakland's action leaves no doubt about the strength of local support for an organization which, by all accounts, has been outstandingly well run and is performing a vital public service.
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