An injunction that might or might not wind up closing the Cannabis Cultivators Club in San Francisco highlights the need for local governments to develop policies that make it possible for medical patients to acquire cannabis or marijuana legally, in line with state law.

Two court rulings are relevant here. Last week San Francisco Superior Court Judge David Garcia issued an injunction against the principals of the San Francisco club in response to a request filed by state Attorney General Dan Lungren’s office.

Judge Garcia based his injunction on a December 12 ruling by the First District Court of Appeals that said Prop.215, passed by voters in 1996, does not overrule other state laws prohibiting possession or sale of marijuana.

Not so fast. A close reading of both rulings shows that the judicial decisions were not black-and-white.

The December 12 appellate decision actually affirms the legitimacy of Prop. 215 and suggests guidelines for government and "primary cargivers." Judge Garcia’s injunction reflects an understanding of the fact and actually offers the club an opportunity to stay in operation. As of Monday, the club had not closed its doors. The ruling says that Dennis Peron and Beth Moore, who run the club "are enjoined from selling, furnishing, storing, administering or giving away marijuana," which sounds unambiguous. But it’s preceded by the statement "except as provided in (2) and (3)."

Paragraph (2) says the two may possess marijuana for personal use if they have a doctor’s recommendation. Paragraph (3) says: "Each of the defendants may, as to a person with whom he or she has the relationship of a bona fide primary caregiver ... provide to that person without receiving anything in return, a quantity of marijuana consistent with the physician’s recommended dosage..."

So as long as they’re not actually selling marijuana directly but giving it away, they apparently can continue operations.

Mr. Peron told us Monday that he believes the club’s legal position is soled. "We’re not selling cannabis, and our bookkeeping reflects this," he told us. "We do charge for the service of acting as designated primary caregiver to our members."

The December 12 appellate decision does appear to give the club legally defensible ground.

That decision said, for example, that "the trial court thus concluded ... that the thousands of persons who patronized respondents’ club, who advised that a physician approved their marijuana use, and who designated respondents or their Cannabis Buyers Club as their ‘primary caregiver’ conferred that status on respondents."

The appellate court further noted that "although the sale and distribution of marijuana remain as criminal offenses ... bona fide primary caregivers for ... patients should not be precluded from receiving bona fide reimbursement for their actual expense of cultivating and furnishing marijuana for the patient’s approved medical treatment."

This is sensible. Prop. 215 did not try to eliminate laws against marijuana sale and possession, but to create a narrow exception for medical patients with a doctor’s recommendation. It directed the government to facilitate a safe and affordable way for patients to get this substance. That’s important because otherwise patients will have to rely on the illegal black market.