Medical Pot Club in S.F. to Reopen After Court Ruling

SAN FRANCISCO — A medical marijuana club shut down by the state before the passage of Proposition 215 will reopen next week after a judge’s ruling.

Superior Court Judge David Garcia’s modification of a restraining order Wednesday clears the way for the Cannabis Buyers’ Club to again provide marijuana to seriously ill people who use the drug to quell their symptoms.

The club, which boasted 12,000 members prior to its August closure, will sell and cultivate pot and change its name to the Cannabis Cultivators’ Club, organizers said. It will open Jan. 15 for member registration.

Garcia’s ruling was a nod to Proposition 215, approved by voters in November, which allows people to cultivate and possess marijuana with a doctor’s permission.

“Democracy works. I had my doubts,” said club founder Dennis Peron. “I knew we’d win in the long run, I just didn’t think it would be so damn quick.”

State drug agents raided the club in August, and Atty. Gen. Dan Lungren shut it down, alleging that it was a front for illegal drug dealing. A judge’s subsequent order kept it closed.

Even after the passage of Proposition 215, Lungren argued that the club should remain shut and not be allowed to cultivate and provide marijuana because it is not a “primary caregiver” as required by the new law. An appeal was expected.

“This case appears to provide an excellent vehicle for the state appellate court to jump in and provide some guidelines as to what the limits of Proposition 215 are, especially the law’s definition of ‘primary caregiver,’ ” said Lungren spokesman Steve Telliano.