See All California Cannabis Clubs Face Closing -- "Were Going To
Stay Here Until The Tanks Come" Vows Peron
and
Dan Lungren Runs for Governor on His
Record of Persecuting the Sick and Dying Friday April 3, 1998
(Ed. note: Beyond questions of law, can they get a Bay Area jury
to vote to close the clubs?)
Pot club case to be tried
SAN FRANCISCO, April 3 (UPI) _ A San Francisco judge has denied
state motions to shut down a medical marijuana outlet, and has instead scheduled a jury
trial for April 27.
Superior Court Judge David Garcia said today there are triable issues in the state
civil case pursued by Attorney General Dan Lungren.
Lungren wanted the court to close the San Francisco Cannabis
Club, padlock its doors, confiscate all property and evict all persons from the premises,
based on findings for a preliminary injunction issued against it earlier.
He filed two related motions that Garcia denied, but the judge also denied a motion by
defendants Dennis Peron and Beth Moore to dismiss Lungren's case.
Operators say the outlet is complying with Proposition 215, the voter-approved
initiative that allows the use of marijuana to relieve the suffering of AIDS victims and
other chronically ill people.
In late February, Garcia ordered Peron to stop selling marijuana
after the state Supreme Court let stand an appeals court ruling that the club isn't a
``caregiver'' under Proposition 215.
The judge says the trial will focus on the caregiver issue
, which Garcia had
addressed the past winter in determining that the club met the law's criteria. He was
overruled by the appeals court.
Copyright 1998 by United Press International.