NATIONAL ORGANIZATION FOR THE REFORM OF
MARIJUANA LAWS
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... a weekly service for the media on news items related to Marijuana Prohibition.
August 8, 1996
San Francisco Buyers' Club Raided, Closed By State Authorities
August 5, 1996, San Francisco, CA:
San Francisco Superior Court Judge William Cahill granted a
temporary injunction on August 5 to close down the San Francisco
Cannabis Buyers' Club. The club -- the largest of
approximately 30 underground clubs located across the nation that supplies
marijuana as a therapeutic agent to patients who possess a
doctor's recommendation -- provided relief for an estimated
11,000 seriously ill patients throughout the bay area.
The injunction was granted following a raid by state narcotics
agents one day earlier. The early morning raid -- which
occurred without the cooperation of local law enforcement or
District Attorney Terence Hallinan -- was ordered by state
Attorney General Dan Lungren, an outspoken opponent of this
year's state ballot initiative to legalize marijuana for medical
use (Proposition 215). According to newspaper and
eye-witness accounts, the raid took place at 7:30 a.m., a time when
the club was not serving clients. Armed with a search
warrant, nearly 100 gun-toting agents broke down the club's front
door and seized medical records, at least two computers, 40
pounds of marijuana, some documents pertaining to Proposition
215, and an undisclosed amount of cash. In addition, five
other locations associated with the club personnel were
raided. A spokesman for the state Justice Department, Steve
Telliano, said that no arrests were made during the morning sweeps,
but acknowledged that charges may be filed against some of the
club's organizers at a later date.
Many San Francisco leaders expressed both shock and outrage at
the actions of the state narcotics officers. District
Attorney Hallinan denounced the raid as a political act by
Lungren, who has been mentioned as a Republican candidate for
Vice-President. San Francisco Sheriff Michael Hennessy said
that he will refuse to enforce the injunction and Mayor Willie
Brown stated that he was "dismayed by the Gestapo tactics
displayed by [the attorney general.]" In addition,
several members of the San Francisco Board of Supervisors, led by
Tom Ammiano, expressed support for the legalization of medicinal
marijuana and requested hearings into the raid. Also, the
board passed a resolution calling on the Department of Health to
draw up a public health state of emergency declaration for
medical marijuana. Some proponents believe that this
measure could eventually pave the way for the suspension of laws
against medical marijuana in San Francisco.
"I feel really angry at the way [the attorney general's
office] did it," Ammiano told the San Francisco
Chronicle. "It's the worst kind of political
opportunism. We could have worked with them. Instead,
they chose these storm-trooper tactics."
The decision to close the San Francisco Buyers' Club was granted
by Judge Cahill based on affidavits from narcotics officials that
the club had sold marijuana for non-medical purposes to undercover
agents. In a tape released to the media, club founder
Dennis Peron was shown selling a quantity of marijuana to an
undercover agent for what were alleged to be non-medical
purposes. The agent was posing as an AIDS patient who
wished to provide marijuana to fellow patients in a neighboring
county. Evidence substantiating additional allegations of
misconduct against the club, such as the charge that club
staffers sometimes sold marijuana in excess of that required for personal
use, was not presented during the hearing.
"Judge Cahill ordered the club closed, but you cannot close
the spirit of the club," announced Dennis Peron to a crowd
of approximately 800 demonstrators who attended a candlelight
march later that evening. "We'll stay open as [the]
headquarters for Proposition 215."
The big question now looming for activists on both sides of the
medical marijuana issue is how the raid and subsequent shut-down
of the Cannabis Buyers' Club will effect California voter's sentiments
in November. While some Californians speculate that the
timing of the raid may have been motivated by political reasons,
many marijuana activists forsee the raid as potentially being a catalyst
to inspire voters to support Proposition 215. "The
[actions of the attorney general] prove the need to pass
Proposition 215," said California NORML Coordinator, Dale
Gieringer, Ph.D. "[He] has made it plain that he not
only opposes the medical use of marijuana, but is also intent on wasting
taxpayer's money enforcing laws against it."
Phone calls concerning the status of the San Francisco
Cannabis Buyers' Club should be directed to the following number:
(415) 621-3986.
Buyers' Club Raid Spurs Resolution To
Declare Medical Marijuana Emergency
Issue To Be Examined At August 15 Hearing
August 5, 1996, San Francisco, CA:
In the wake of a state raid on the San Francisco Cannabis Buyers'
Club, the San Francisco Board of Supervisors -- led by Tom
Ammiano -- has passed a resolution asking city health officials
to declare a medical emergency allowing for patients to use
marijuana as a medicine. Ammiano and others believe that
state laws forbidding the use of marijuana may be circumvented by
declaring an emergency. San Francisco already has such a program
in place regarding needle exchange.
The city attorney's office told the San Francisco Chronicle that
it has no legal opinion on the resolution at this time and Sandra
R. Hernandez, the city's director of health, remained noncommital.
State Justice Department spokesman Steve Telliano alleged that
county supervisors lack the authority to declare medical
emergencies with the intention of circumventing the law. He explained
that the needle exchange program is "illegal" despite
being sanctioned by the city.
The San Francisco Department of Health and the city attorney are
set to examine the issue at an August 15 hearing.
For more information, please contact Dale Gieringer of
California NORML @ (415) 563-5858. For a copy of the
resolution, please contact NORML @ (202)
483-5500.
(Meanwhile) Oakland City Council Passes
Resolution
To Ensure Local Law Enforcement Do Not Arrest Medical Marijuana
Users
July 30, 1996, Oakland, CA: The
Oakland City Council has unanimously passed a resolution (#72881)
establishing a working group to ensure that Oakland police
officers adhere to the city's tolerant medical marijuana
policy. Earlier this year, the council declared its desire
"not to expend city resources in any investigation,
detention, arrest, or prosecution arising out of alleged
violations of state and federal law regarding the possession,
cultivation, and/or distribution of marijuana for medical
use."
"I believe that this marks the first time a legislative body
at any level of government has established an official committee
with the express purpose of ensuring that the police do not enforce
marijuana laws," said Attorney Robert Raich of Oakland.
Specifically, the resolution states that a "working group
shall consider legislative and administrative methods to ensure
enforcement of and compliance with the city's medical marijuana policy."
The passage of the resolution occurred just days prior to a state
raid on the San Francisco Cannabis Buyers' Club. A similar
yet far smaller club currently operates in Oakland and has been endorsed
by local officials.
For more information on the Oakland City Council resolution,
please contact Attorney Robert A. Raich @ (510) 420-1137.
For more information on the Oakland Cannabis Buyers' Club, please
contact Jeff Jones @ (510) 832-5346.
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MORE THAN 10 MILLION MARIJUANA ARRESTS SINCE 1965 ... ANOTHER EVERY 65 SECONDS!