Judge Allows Oakland Cannabis Club to Remain Open Until Stay Is Sought

Hours before U.S. marshals were to shut down a medical marijuana club here Friday, a federal judge issued a stay allowing it to remain open until at least Monday.

U.S. District Judge Charles Breyer said the 2,200-member Oakland Cannabis Buyers’ Cooperative can stay open until attorneys seek an additional stay from the U.S. 9th Circuit Court of Appeals that would allow it to continue to operate.

The Justice Department has sued six Northern California clubs to enforce federal laws against marijuana distribution. Breyer issued an injunction in May prohibiting them from distributing marijuana while the lawsuit was pending. Breyer ruled Tuesday that the Oakland club could have been shut down any time after 5 p.m. Friday because it had violated that order.

“Every minute that we’re still here we are educating American citizens that we can still do this,” said Jeff Jones, executive director of the club. “We need to destigmatize this issue and continue to educate people on the fact that medical marijuana is a very beneficial substance to a lot of people.”

The clubs sprang up around California after the passage of Proposition 215, the November 1996 initiative allowing seriously ill patients to grow and use marijuana for pain relief, with a doctor’s recommendation, without being prosecuted under state law.

Advocates say only marijuana can make certain treatments for AIDS and cancer bearable, and ease pain from glaucoma and other conditions. But federal law says marijuana has no medical purpose and cannot be administered safely under medical supervision.

Many of California’s marijuana clubs have been shut down through the efforts of the Justice Department and Atty. Gen. Dan Lungren, who obtained state court rulings limiting the scope of Proposition 215.