MEDICAL MARIJUANA: Judge Orders Clubs Closed
Consistent with his preliminary injunction issued last week, U.S. District Judge Charles Breyer ordered six medical marijuana clubs in Northern California Tuesday to close. USA Today reports that "Breyer said the federal government was likely to prove that the clubs are violating federal law" that prohibits cultivation, possession or distribution of marijuana. "His order marked a victory for federal" attorneys, who argued that no state law can supersede a federal law in an area such as drug policy (5/21). "A state law which purports to legalize the distribution of marijuana for any purpose ... even a laudable one ... directly conflicts with federal law," wrote Breyer. The AP/Contra Costa Times reports that the judge was unpersuaded by the argument that the mitigation of pain was an acceptable reason for allowing the state law to stand.
Hell No, We Won't Go
Both the Cannabis Healing Center in San Francisco and the Oakland Cannabis Buyer's Club immediately announced they would defy the order and stay open. Hazel Rodgers, director of the San Francisco center, said, "We're not going to close, even if we have to go to jail. So many thousands of people depend on us." Jeff Jones, executive director of the Oakland club said, "We are going to remain open until they physically come in and shut us down." The Times notes that while Breyer's order only pertains to the six clubs, it could later be applied to all 30 such clubs in the state (5/21).