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Court: Marijuana Club Can't Distribute Drug
May 6, 2002

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News Summary

In another setback for the Oakland Cannabis Buyers' Cooperative in California, a federal judge ruled that the medical-marijuana distributor has no constitutional right to provide marijuana to sick people, the Associated Press reported May 4.

Last year, the U.S. Supreme Court ruled that the Oakland Cannabis Buyers' Cooperative did not have the authority to sell marijuana for medical purposes under California's 1996 medical-marijuana law.

The Oakland Cannabis Buyers' Cooperative was hoping to reopen the case with new legal arguments. But U.S. District Judge Charles R. Breyer rejected them on advice from the government. "With or without medical authorization, the distribution of marijuana is illegal under federal law," said Breyer.

The ruling is expected to lead to more litigation on the fate of California's medical-marijuana law and similar measures in seven other states.

Robert Raich, the attorney for the cooperative, said he would appeal Breyer's ruling.

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