Global Ganja Report

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 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)

Rep. Bob Filner became the first mayoral candidate Feb. 28 to endorse San Diego's Compassionate Use Dispensary Regulation and Taxation initiative, which would tax and regulate medical marijuana in the city. "It just makes sense to regulate medical marijuana, otherwise, as a city, we limit our ability to conduct oversight," Filner said. "If medical marijuana is prohibited, the city misses out on valuable revenue, and patients don't have legal access or the ability to manage pain and enjoy regular activities."

The "Westies"—Manhattan's "Irish Mafia," notorious for running loan-sharking and extortion rackets in the West Side neighborhood of Hell's Kitchen 20 years ago—have suddenly resurfaced with a highly sophisticated scheme using a fleet of private jets to smuggle high-grade cannabis from Northern California to cities across the country, authorities told the New York Post.

An estimated $500,000 worth of cannabis was found floating off the coast of Marina del Rey on Feb. 2. A boater alerted authorities to 30 bales, or 900 pounds, found some six miles west of the Marina del Rey harbor entrance, the Los Angeles County Sheriff’s Department said.

Two men wearing clown masks and wielding handguns burst into the Creme de Canna medical marijuana dispensary in Santa Cruz Feb. 2, forcing employees to turn over the contents of the safe before fleeing. The hit mirrors one on Dec. 15, when two men wearing carnival masks held up the city's Herbal Cruz dispensary. (San Jose Mercury News, Feb. 2) The heists come amid growing concerns about gunplay in the West Coast cannabis industry, exacerbated by the frequent refusal of local authorities to issue concealed handgun permits to medical marijuana users. Such policies by mostly rural counties on the West Coast and elsewhere were dealt a blow by the US Supreme Court's recent refusal to hear an appeal of a lower court decision upholding the rights of permit-holders who use cannabis legally under state law.

The enactment of state medical marijuana laws is associated with reduced instances of suicide, according to a discussion paper published recently by the Institute for the Study of Labor in Bonn, Germany. Researchers at Montana State University, the University of Colorado, and San Diego State University assessed rates of suicide in the years before and after the passage of medical marijuana laws. Authors of the discussion paper, entitled "High on Life: Medical Marijuana Laws and Suicide," found:

Jury selection is set to begin in the trial of San Diego area medical marijuana patient Benjamin Gasper—a case that has local advocates outraged over what they call a vindictive crusade against legal cannabis users by San Diego District Attorney Bonnie Dumanis. The charges were dismissed last year on procedural grounds, but re-filed by Dumanis. Because Gasper never actually stood trial, this does not constitute double jeopardy.