California Supreme Court Deals a Blow to Buyers' Clubs 2/27/98

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- Barrington Daltrey for DRCNet

The California Supreme Court dealt the medical marijuana clubs a setback this week (2/25), letting stand a lower court ruling prohibiting clubs from selling marijuana to patients, despite the 1996 Proposition 215 voter initiative. The appellants had argued that they qualified as "primary caregivers" even though they might be commercial enterprises. The appellate court's ruling held that Proposition 215 did not allow anyone the right to sell marijuana; nor did it allow commercial enterprises to act as "primary caregivers."

The spokesman for Cannabis Cultivator's Club of San Francisco, one of the appellants, is reported as having stated that he believes the club is now in compliance with the ruling, as it is not selling marijuana, but is only receiving reimbursement for cultivation costs.

The state's attorney has indicated he will seek to shut down CCC and various other clubs providing medical marijuana. Federal prosecutors are also seeking an order closing several clubs, based on federal law. Their action is pending in federal court.

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Issue #31, 2/27/98 DRCNet Special Report: American Public Health Association Holds Congressional Briefing on Syringe Exchange | It's Certification Time Again: Mexico Makes the Grade, Colombia Doesn't -- But Sanctions Will Be Lifted | Colorado State Senate Okays Needle Exchange -- Republican State Chair Explictly Threatens Reps Who Vote in Favor! | House Republicans Declare: Damn the Science, Full Speed Ahead! Approve Resolution Opposing Any Use of Marijuana As Medicine | Hollywood Group Promises More Anti-Drug Themes | State Legislators Launch Counterattack on Prop. 215 in California | California Supreme Court Deals a Blow to Buyers' Clubs | No Federal Charges to be Filed Against Marine Who Shot Hernandez | Editorial: Hollywood and the Drug War

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