Oakland, California distinguishes itself in providing protection to medical marijuana patients under the Compassionate Use Act of

Thursday, August 13, 1998

Oakland names 'official' marijuana supplier

OAKLAND, Calif. (Reuters) - The City of Oakland Thursday named the first "official" marijuana supply agency in the country, breaking new ground in the bitter legal battle over California's 1996 medical marijuana law.

At a ceremony at Oakland City Hall, officials proclaimed staff of the Oakland Cannabis Buyers' Cooperative to be "officers of the city," a move intended to shield them from federal prosecution.

"This is a great day for our patients and a great day for Oakland," said Jeff Jones, executive director of the cooperative.

Oakland officials said the new designation should thwart federal efforts to close the club. Although California voters in 1996 passed a state law legalizing medical marijuana use, federal prosecutors have sued to close the clubs, saying their operations violate federal narcotics laws.

While a number of northern California medical marijuana clubs have folded under the legal pressure, Oakland's cannabis cooperative has continued to operate, distributing the drug to some 1,800 people to treat symptoms of AIDS, cancer and other serious illnesses.

"The Oakland Cannabis Buyers' Cooperative runs a clean, legitimate business, contributes to Oakland's downtown revitalization, and prevents seriously ill people from turning to the streets to buy their medicine," said Vice Mayor Nate Miley, who chairs the city council's Public Safety Committee.

"We're delighted to offer the cooperative all the support we can, and hope that other cities will follow suit."

While the new "city officer" designation does not mean the club members are now city employees, it does extend potentially powerful legal protection to them.

Under the Federal Controlled Substances Act, "city officers" -- usually taken to mean undercover law enforcement agents -- cannot be prosecuted for selling controlled drugs within the scope of their official duties.

Now, city officials hope, that designation will allow the cannabis club to distribute marijuana to critically ill patients from its tidy, pharmacy-like downtown offices.

"This designation will permit the Oakland Cannabis Buyers' Cooperative to distribute medical cannabis within federal law," said Professor Gerald Uelmen of the University of Santa Clara School of Law, who has served as a legal adviser to the club.

"That means the federal government has no case. The lawsuit against the cooperative should be dropped today."

Federal officials had no immediate comment on Oakland's move, the first by any city in the country to name what amounts to an official marijuana supply agency.

"We're aware of the decision, and we are in the process of reviewing it. Any comment that we might have would be made in court," said Gregory King, a spokesman for the Justice Department.

Oakland officials, said, however, they were aware that the city's effort to protect the cannabis club might not stop the federal suit, which lawyers will officially ask to be dismissed on Friday.

"What we are trying to do is basically, as a city, set up a system to distribute medical marijuana to those in need," said Joe de Vries, an aide to Miley.

"If that's not good enough, we'll go the next step. And maybe then everybody at the club will receive a City of Oakland paycheck."

Oakland, which lies across the bay from San Francisco, was already at the forefront of efforts to liberalize regulations governing medical marijuana use.

Last month, the city council unanimously passed a measure allowing patients with a valid doctor's prescription to keep 1-1/2 pounds of the drug for "personal use."

### End Reuters Story

CITY of OAKLAND

CITY HALL . ONE CITY HALL PLAZA . OAKLAND, CALIFORNIA 94612

Office of City Manager (510)238-3301
Robert C. Bobb FAX(510)238-2223
City Manager TTY/TDD(510)238-3724

August 11, 1998

Mr. Jeff Jones
Executive Director
Oakland Cannabis Buyer's Cooperative
1755 Broadway, Suite 300
Oakland, Ca. 94612

Dear Mr. Jones:

Pusuant to Chapter 8.42 of the Oakland Municipal Code, the City hereby designates the Oakland Cannabis Buyer's Club to administer the City's Medical Cannabis Distribution Program. The designation is subject to the cooperative's agreement to comply with the terms and conditions attached hereto as Exhibit A which hereby are incorporated by reference in this letter as if set forth in full herein.

The designation shall be effective upon the Oakland Cannabis Buyers' Cooperative's acceptance and agreement to the terms and conditions in Exhibit A. Please confirm the Oakland Cannabis Buyers' Cooperative's agreement to comply with the terms and conditions in Exhibit A by signing below.

Very truly yours,

signed: Robert C. Bobb City Manager

SO AGREED

signed:

Jeff Jones	Date: 8/12/98
Executive Director
Oakland Cannabis Buyers' Cooperative.
 From Robert Raich, counsel for the OCBC
July 8, 1998

OAKLAND PERMITS MEDICAL CANNABIS POSSESSION OF 144 PLANTS AND SIX POUNDS PER PATIENT

The City of Oakland has once again distinguished itself as being the leader at the forefront of the movement for a more rational drug policy in the United States. Most recently, Oakland enacted a policy permitting patients to possess realistic quantities of processed cannabis and cannabis plants for use as medicine.

Specifically, on July 7, 1998, the Oakland City Council unanimously approved a policy statement allowing patients to possess up to 144 cannabis plants and up to six pounds of cannabis in particle form. For a primary caregiver, those numbers are multiplied by the number of patients for whom he or she has caregiver status.

The details: A patient (or a primary caregiver, for each patient) may grow up to 48 flowering plants and 96 non-flowering plants in an indoor garden, for a total of 144 plants. In an outdoor garden, those numbers are 30 flowering plants and 60 non-flowering plants. In addition, a patient (or a primary caregiver, for each patient) may possess up to one and one-half pounds of cannabis in particle form, but that amount increases to six pounds if he/she grew it him/herself.

According to the policy, law enforcement personnel will not cite, arrest, or seize the medicine of, a person who possesses cannabis within the above limits if that person satisfactorily establishes patient or caregiver status at the time of the initial contact.

Significantly, even if a patient (or caregiver) claims that processed cannabis is for medical use, but cannot immediately establish patient or caregiver status, any cannabis seized will be separately stored at the police station, and will not be turned over to the district attorney for possible criminal prosecution, if the person can produce satisfactory evidence of patient or caregiver status within two business days. If the person produces such evidence, the police will return the medicine to its owner.

Similarly, if a patient (or caregiver) claims that cannabis plants are for medical use, but cannot immediately establish patient or caregiver status, the police will not immediately seize the plants. Instead, the police will only take photographs and clippings from the lower leaves of the plants if the owner produces satisfactory evidence of patient or caregiver status within two business days.

This policy was developed during months of negotiations in the Oakland Medical Marijuana Working Group, a committee consisting of patients, doctors, attorneys, medical cannabis providers, and representatives from the Police Department, the City Attorney, and the City Manager.

The weight limits allowed under the policy are based upon the amount of medical cannabis provided to eight patients by the U.S. government through the federal Investigative New Drug program.

For more information, contact:

Oakland Cannabis Buyers' Cooperative
Jeff Jones, director
P.O. Box 70401
Oakland, CA 94612-0401
Phone: (510) 832-5346
Fax: (510) 986-0534
Email: ocbc@rxcbc.org
Web: http://www.rxcbc.org