Oakland strikes back at feds
Ever since the passage of Proposition 215 two years ago, marijuana activists have kept close watch on the troubles and triumphs in California. In May of this year, U.S. District Judge Charles Breyer ordered the closure of six California cannabis clubs. Three of the clubs, including the Oakland Cannabis Buyers Cooperative, defied the order. The Justice Department asked Breyer to find the clubs in contempt of court.
Using the Federal Controlled Substance Act--the same act used by the federal government to shut the clubs down--the city of Oakland struck back at the feds.
Under the Federal Controlled Substances Act, city officers are immune from prosecution for possessing, buying and selling a controlled substance if enforcing a controlled substance ordinance. This was intended to give drug agents the freedom to buy and sell drugs in order to catch criminals. On August 13, Oakland made the operators of the Oakland Cannabis Buyers Club officers of the city. This, the city hopes, will provide the club with immunity from federal prosecution.
Gregory King, a smokesman for the Justice Department, told the Los Angeles Times, "We’re aware of the Oakland decision and we’re carefully reviewing it."
The California Attorney General’s office says Oakland’s actions probably violate state and federal law, but they won’t take any action against the city or the club.
Alemeda County officials said they would not take action against the club unless they had evidence of crimes being committed.
On August 14, lawyers for the club filed a motion to dismiss the case against them, saying the city’s actions put them within the scope of federal law.