Global Ganja Report

The Supreme Court on June 20 ruled that evidence discovered in a police stop found to be illegal may still be used in court—with the caveat that the officers conducted their search after learning that the suspect had an outstanding arrest warrant. In a 5-3 ruling, the Supremes found that such searches do not violate the Fourth Amendment. The case, Utah v. Strieff, concerned Edward Strieff, who in December 2006 was stopped by an officer staking out a suspected drug-dealing location in South Salt Lake. Grounds for the stop were later ruled inadequate because it was not based on reasonable suspicion. During the stop, the officer ran a check and discovered Strieff had an outstanding warrant for a minor traffic violation, and conducted a search—finding a baggie full of methamphetamines and a pipe that was deemed paraphernalia. A district court later ruled that although the cop didn't have the right to stop Strieff, the evidence was admissible. The highest court in the land has now agreed.

Within 48 hours of the June 15 DEA raid on the facilities of his cannabis extracts company in Santa Rosa, Dennis Franklin Hunter was released without charges—and the enterprise, Care By Design (CBD), is back in operation. Advocates are hailing as a victory for the industry and user's rights. At least 150 patients, activists and supporters of the CBD Guild collective filled the steps outside the Sonoma County Superior Courthouse in Santa Rosa following the raid, the local Press-Democrat newspaper reports. Company spokesman Nick Caston, emphasized CBD's commitment to operating within the law, saying: "We produce medicine as determined by the voters in the 1990s, and we do it with the best practices of any company in the state."

The Internet is atwitter over a June 19 report in the Santa Monica Observer with the headline: "US Gov't Will Legalize Marijuana on August 1." The article claims that "weed will soon be legal in all 50 states, with a prescription," thanks to the imminent government action, with cannabis about to be switched from Schedule I to Schedule II. An unnamed DEA attorney is quoted as saying: "Whatever the law may be in California, Arizona or Utah or any other State, because of Federal preemption this will have the effect of making THC products legal with a prescription, in all 50 states." The story also cites a June 17 article in the Denver Post asserting (with no attribution) that the DEA will issue a decision in the matter by July 1.

In a sure sign of changing times, Microsoft just broke what the New York Times calls the "corporate taboo" on pot this week, announcing a partnership to offer software tracking cannabis from "seed to sale."  A new product in Microsoft's cloud computing business, the software will help states that have legalized medical or recreational use to monitor sales. Microsoft's partner is KIND Financial of Los Angeles, a leader in technology for cannabis compliance. The partnership, KIND Government Solutions, will market Agrisoft Seed to Sale. A company press release said the product "closes the loop between marijuana-related businesses, regulatory agencies, and financial institutions."

On June 15, DEA agents and Sonoma County law enforcement raided six facilities associated with Care By Design (CBD), a Santa Rosa company that produces cannabis oils, tinctures and sprays under the Absolute Xtracts brand. The raid comes just days after the company hosted local and state officials at its facilities to discuss regulations for the emerging industry. CBD co-founder Dennis Hunter was arrested and charged with a felony for manufacturing a controlled substance by chemical extraction (a law created for meth labs). He is being held on $5 million bail. Equipment and payroll records were also seized. The company is apparently accused of using butane gas to produce concentrated cannabis oil—a practice banned in California. (Santa Rosa Press-Democrat, High Times, CBD press release via Weed Blog)

The California Attorney General's Office sent a team to the Emerald Triangle's Siskiyou County in the prelude to the June 7 primary election, following reports of armed men from the sheriff's department intimidating members of the county's Hmong community—including menacing some at gunpoint. Sheriff Jon Lopey said the deputies were mobilized as part of an investigation into voter fraud, and had to be armed because of rifle-toting cannabis growers in the areas. But the investigation seems to have exclusively targeted Hmong residents—some of whom were falsely informed that it is illegal for them to vote. Janelle Vang, a representatve for the county's Hmong community, told the Redding Record-Searchlight many residents did not turn out at the polls because they feared they would be arrested. There was speculation that Lopey sought to suppress turn-out for a measure on banning outdoor cannabis cultivation. The county council approved the ban last year, but opponents forced a ballot measure on the question and were mobilizing for a "no" vote. The ban was indeed approved, although Lopey denies his action affected the outcome—as well as denying any wrong-doing.

President Barack Obama on June 3 announced that he had commuted the sentences of 42 inmates convicted of drug offenses as part of his ongoing effort against "outdated and unduly harsh sentencing laws." The White House statement said: "The individuals receiving a presidential commutation today have more than repaid their debt to society and earned this second chance." The 42 were serving sentences of up to life in prison for non-violent offenses. The statement noted that Obama has now commuted the sentences of 348 such convicts—more than the past seven presidents combined.

To little fanfare, President Barack Obama on May 16 signed into law the Transnational Drug Trafficking Act—further extending the global reach of US narcotics enforcement. The law criminalizes manufacture of drugs anywhere in the world if the producers "intend, know, or have probable cause to believe" the substances will be illegally imported into the United States. The language has been attacked as overbroad, potentially applying to any link of the production chain—down to lowly peasant growers of cannabis, coca leaf or opium.