US Court Rules Against Cannabis Clubs: A Green Light for More DEA Raids
SAN FRANCISCO, May 3, 2002 – US Judge Charles Breyer has issued a summary judgement for the government in its case against the Oakland Cannabis Buyers Club plus two other Bay Area cannabis clubs.
In his decision, Breyer rejected the clubs’ interstate commerce clause challenge, noting that marijuana distribution is economic activity and is accordingly considered interstate commerce under previous Ninth Circuit precedent. He dismissed the notion that clubs could invoke substantive due process rights, indicating that these could at most apply to individual patients, not distributors.…
Coincidentally, this was the number of the original California Marijuana Initiative of 1972, the first-ever marijuana decriminalization initiative. The CMI fell short with 33% of the vote but set the stage for California’s landmark decriminalization law, the Moscone Act, in 1975. (A vintage poster for the 1972 initiative is shown at left.)