Global Ganja Report

An odd irony has emerged around the pending Supreme Court decision on Obamacare. As Daily Beast notes, liberal advocates of Obama's "individual mandate" are pointing to the 2005 high court decision Gonzales v. Raich, in which the justices upheld Congress' ability to ban the growth of cannabis even in states that have legalized medical marijuana—rejecting the claims of California activist Angel Raich and two co-plaintiffs, who had sued to block enforcement of federal marijuana laws against them. Advocates note that Justice Antonin Scalia deviated from his "states' rights" principles in siding with the majority. He wrote:

The US State Department's 2012 International Narcotics Control Strategy report contains harsh words for Peru, lamenting the country's "slow advance" in coca leaf eradication. The report says the country has 53,000 hectares under coca cultivation. Colombia has 100,000 hectares—but Peru's total has increased in recent years, while Colombia's has dropped. (Although Peru has challenged these claims.) The report calls out Peru's Customs Service, Coast Guard, Port Authority and Public Ministry as blocking progress in the anti-narcotics struggle. State Department analyst Pedro Yaranga told Lima's La Republica that "there does not exist a decision to attack the coca source areas [cuencas cocaleras]." He particularly named the Upper Huallaga Valley and Apurímac-Ene River Valley (VRAE).

US Secretary of Homeland Security Janet Napolitano on Feb. 28 defended the US-backed war on the drug cartels, despite the growing violence in Mexico and Central America. On a five-day tour of the region, Napolitano insisted in a joint press conference with Mexican Interior Minister Alejandro Poire that the US and Mexico would maintain "a continuing effort to keep our peoples from becoming addicted to dangerous drugs.... It's a different type of crime and it's a different type of plague, but that's also why it is so important that we act not only bi-nationally, but in a regional way, to go after the supply of illegal narcotics."

A judge for the US District Court for the Eastern District of California on Feb. 28 dismissed a lawsuit challenging the US Attorney's authority to prosecute medical marijuana providers in the state. The suit was filed in November by Sacramento's El Camino Wellness Center Collective, after the US Attorney's Office sent a letter to the collective and its landlord warning that its activities violated federal law.

The UN International Narcotics Control Board (INCB) said Feb. 28 that it is taking no view on the Thai government's plans to speed up the execution of convicted drug traffickers. The agency said it neither supports nor opposes the death penalty for drug-related offenses. "We are an impartial body and respect the rule of law and jurisdiction of countries," said INCB Thai board member Viroj Sumyai. 

Washington's I-502—an initiative approved for the ballot in December—is creating a storm of dissension within the state's cannabis community. The measure would legalize possession of up to one ounce of cannabis by adults 21 and over, but limit sales to state-licensed stores overseen by the liquor control board. It contains no provision permitting home grow. It also contains a Driving Under the Influence of Cannabis (DUIC) provision that would make anyone guilty if they test at above 5 nanograms per milliliter (ng/ml) of active THC in blood. Critics call this an unscientific and arbitrary level.

Legislators in Colorado face a bill that would establish the nation's first "responsible medical marijuana vendor" designation, giving cannabis business the option to train employees in a state-approved program. The state Medical Marijuana Enforcement Division already requires cannabis workers to undergo background checks. Employees must wear state-issued badges and be under video surveillance at all times they are handling cannabis seeds, plants or products. The proposed "responsible vendor" designation would go to businesses whose employees have had additional training in such issues as identifying legal medical marijuana cards. 

The US Court of Appeals for the Ninth Circuit ruled Feb. 23 that mouth swabs may be used to extract DNA samples from any adult arrested on felony charges in California. The 2-1 decision upholds a 2004 voter-enacted provision, Proposition 69, that amends the DNA and Forensic Identification Database and Data Bank Act of 1998, requiring law enforcement officers to collect such samples from all felony arrestees. This mandate was challenged by the plaintiffs as a violation of Fourth Amendment protections against unreasonable search and seizure. Justice Milan Smith, Jr.  affirmed the lower court's denial of plaintiffs' motion for a preliminary injunction. (Jurist, Feb. 24)