Global Ganja Report

In a move that raises questions over the rights and limits of tribal sovereignty, Mendocino County sheriff's deputies on Sept. 22 raided a medical marijuana grow operation on Indian land just outside Ukiah—targeting a project hailed as a new economic model for cash-strapped tribes. Some 400 outdoor plants were eradicated on lands of the Pinoleville Pomo Nation. Deputies also seized more than 100 pounds of trimmed and drying bud at a Ukiah laboratory run by the tribe where cannabis-infused honey oil was being produced.

On Sept. 11, the California state legislature approved a trio of bills to establish comprehensive regulation and licensing of medical cannabis. Assembly Bills 243 and 266 and Senate Bill 643 were all passed, and will delegate regulation of commercial medical cannabis cultivation, manufacturing, transportation, and distribution to various state agencies as well as create a state-level licensing system. Gov. Jerry Brown is widely expected to sign all three pieces of legislation. "We're glad the legislature has finally been able to move forward on regulations," said Don Duncan, California direcotr of Americans for Safe Access (ASA). "History has shown that regulation can improve community outcomes while still preserving patient access. Passing medical cannabis regulation before the state moves forward with a potential adult-use recreational system next year is extremely important for the preservation of the medical cannabis program.”

The 9th US Circuit Court of Appeals in San Francisco on Aug. 20 rejected the city of Oakland's intervention in the US Justice Department's effort to shut the Harborside Health Center, finding that the legal move steps on the federal government's powers. In a unanimous three-judge ruling, the court acknowledged that Oakland had a right to sue, but said its arguments would undermine federal drug enforcement powers. The 9th Circuit was reviewing a 2013 lower court ruling tossing out Oakland's suit. The suit argued that a federal shut-down of one of four city-approved dispensaries would harm Oakland's interests and override California's 1996 medical marijuana law.

California's Eureka Times-Standard reported July 27 that a two-week multi-agency operation eradicated some 55,000 cannabis plants on and around the Yurok Indian reservation. The Yurok Tribe carried out similar raids last year, eradicating 15,000 plants, and intends to go on doing so every summer until growers leave the area, Yurok vice-chair Susan Masten said.  "We're not going to quit until there are zero plants growing on the reservation," she told the Times-Standard. Authorities also seized 1,000 pounds of processed cannabis, made seven arrests, served 30 search warrants, discovered one butane hash oil lab, and allegedly found (unnamed) evidence indicating the possibility of Mexican cartel involvement in some of the grows. Along with tribal police, the Humboldt County Drug Task Force, California Department of Fish & Wildlife, National Guard, and California Department of Forestry participated in "Operation Yurok."

Tribal authorities in Northern California are reacting angrily to a July 8 raid on two cannabis grows in Modoc County. The operations were owned by the Alturas Indian Rancheria and the Pit River Tribe, on tribal lands . Leaders of Alturas Rancheria released a statement July 15, saying they had tried several times to reach out to the US Attorney's Office as they launched their Medical Marijuana Program, which they asserted complied with state law. The statement also said the tribe coordinated with local agencies. "The Tribe laid everything out for the local authorities to consider," said tribal chairman Phillip Del Rosa. "We told local officials that 'if some aspect of the project concerns you, let us know and we will work with you to address your concerns.'"

US District Judge Kimberly Mueller in Sacramento—who made history by granting the first extended hearings in federal court on the question of cannabis' continued listing under Schedule I of the Controlled Substances Act—on April 15 closed the hearings by ruling that the plant's Schedule I status is constitutional. "At some point in time," said Judge Mueller in issuing her decision in US v. Schweder et al, "a court may decide this status to be unconstitutional. But this is not the court and not the time." The Obama appointee decided to rule on the merits of the case, disregarding the insistence of federal prosecutors that she dismiss the motion for lack of standing by the defendants. For her standard of review, she applied the "rational basis test" to the defendants' challenge to cannabis' Schedule I status under the Equal Protection Clause. Under that standard, said Judge Mueller, "the statute passes muster. The questions raised by the defense are for Congress to resolve." Defendants say they will appeal to the Ninth Circuit. (The Leaf Online, Courthouse News Service, April 15)

The Pinoleville Pomo Nation of Northern California's Mendocino County is set to be the first Native American tribe to grow cannabis, pursuant to the new Justice Department policy taking a hands-off approach to cultivation on Indian reservations. The 250-member tribe signed a contract last month with Kansas-based FoxBarry Farms and Colorado-based United Cannabis to develop a large-scale grow operation on its 99-acre rancheria just north of Ukiah. "We anticipate construction to begin in early February, and operations to commence by the end of the month," Barry Brautman, president of FoxBarry Development Company, told Indian Country Today Media Network. "Our first phase will include 90,000 feet of greenhouse space, and another 20,000 feet of indoor space." FoxBarry will also oversee distribution for California's medical market. Cannabis grown on the rancheria will be distributed only to card-holding medical users and dispensaries. “Our business model involves doing everything legally and by the book,” Brautman emphaszied to the Santa Rosa Press-Democrat.

In an historic move to respect Native American sovereignty earlier this month, the US Department of Justice (DoJ) issued a memo instructing US attorneys to not interfere with tribes cultivating or selling cannabis on reservation lands. The caveat is that the tribes have to be in conformity with state law, limiting the new policy to states that have legalized (Colorado, Washington) or have strong medical marijuana programs (California, Montana). Tribes must also maintain "robust and effective regulatory systems," as John Walsh, US attorney for Colorado, told the Los Angeles Times. But US attorney for North Dakota Timothy Purdon, the Attorney General's pointman on Native American Issues, added: "The tribes have the sovereign right to set the code on their reservations." US News & World Report even speculated: "Marijuana may displace casinos as reservation cash cows."