Global Ganja Report

The California Supreme Court on Jan. 16 denied review of a landmark medical marijuana dispensary case. The Fourth District Court of Appeal for California issued a unanimous ruling on Oct. 24 in the case of People v. Jackson, reversing the conviction of former San Diego dispensary operator Jovan Jackson and establishing a clear defense for Jackson and other medical marijuana providers similarly prosecuted in state court. The state supreme court turned down requests to depublish the appellate court decision from the League of California Cities and an amicus brief supporting the high court's review of the case from district attorneys in Los Angeles, Sacramento and Sonoma counties, as well as the Los Angeles city attorney.

Advocates applauded the recent actions of San Diego Mayor Bob Filner in trying to put an end to the years-long crackdown on access to medical marijuana in the city. Two days after announcing at a local chapter meeting of Americans for Safe Access (ASA) that he was going to direct city authorities to stop shutting down dispensaries, Mayor Filner delivered on that promise by sending letters Jan. 9 to San Diego Police Chief William Lansdowne and Neighborhood Code Compliance Director Kelly Broughton.

In response to public comments made against marijuana reform by former Rhode Island Rep. Patrick Kennedy, patient advocates wrote to Kennedy inviting him to attend a national conference on medical marijuana scheduled for Feb. 22-25 at the Mayflower Renaissance Hotel in Washington DC. Kennedy announced on Jan. 9 the formation of a new group, Smart Approaches to Marijuana (SAM), which claims to take a different approach than either legalization advocates or government drug warriors. However, advocates argue that SAM's supposed pro-public health approach ignores the therapeutic benefits of the cannabis plant and is simply using a new narrative to make the same arguments used by marijuana opponents for years.

On Jan. 7, Chief Federal Magistrate Maria-Elena James in San Francisco ruled in favor of Harborside Health Center, and denied motions by Harborside's landlords asking the court to order an immediate halt of medical cannabis sales at their properties in Oakland and San Jose. Judge James also declined to grant a motion from the City of Oakland to enjoin the federal government's legal efforts to close Harborside, but scheduled a hearing later this month for further arguments in Oakland's suit.

For years, police forces in the Emerald Triangle and elsewhere around backcountry California have been hyping an increasing presence in the region's forests of Mexican and Russian cannabis grow ops linked to criminal mafias and cartels based abroad. Now, refreshingly, a Los Angeles Times story of Jan. 2, "Roots of pot cultivation hard to trace," takes a dispassionate look at the question. The piece opens with a slightly lurid lead about camo-clad federal agents ready to "lock-and-load" in a stake-out on National Forest land in Kern County, fearing attack by Mexican cartel gunmen. But at the end, the piece basically tells us not to believe the hype:

The Obama administration's aggressive federal enforcement in medical marijuana states has reached a crescendo this month, with three people being sentenced, two others due to surrender to federal authorities to serve out sentences of up to five years in prison, and one federal trial in Montana currently scheduled for Jan. 14. Two of the three people being sentenced in the coming month—Montana cultivator Chris Williams and Los Angeles-area dispensary operator Aaron Sandusky—face five and ten years to life, respectively.

Three medical marijuana groups have teamed up to support Mendocino County officials in their effort to fight a sweeping federal subpoena filed in October, seeking "any and all records" for the county's medical marijuana cultivation program, known as County Code 9.31. Last month, Mendocino County filed a motion in San Francisco federal court to quash the Justice Department's subpoena, and on Jan. 2 Americans for Safe Access (ASA), the Emerald Growers Association (EGA), and California NORML filed a joint amicus "friend of the court" brief in an attempt to protect the private patient records being sought. A hearing in the case is scheduled for 2 PM on Jan. 4, before federal District Court Judge Richard Seeborg in San Francisco.

The Obama administration will be going toe-to-toe in federal court Dec. 20 at 10 AM with the City of Oakland and California's largest medical marijuana dispensary, Harborside Health Center. US Attorney Melinda Haag filed forfeiture proceedings in July against Harborside's landlords to force the dispensary to close its two locations in Oakland and San Jose. Then, in October, the City of Oakland filed its own legal action against Haag and her boss, US Attorney General Eric Holder. Harborside serves thousands of patients, pays local, state and federal taxes, and has been legally operating in Oakland since 2006.