Global Ganja Report

California's Fourth District Court of Appeal for California issued a unanimous ruling Oct. 24 in a landmark medical marijuana case that reverses the conviction of San Diego dispensary operator Jovan Jackson, convicted in September 2010 after being denied a defense in state court. The Fourth District ruling also reversed the lower court's finding that Jackson was not entitled to a defense, providing the elements for such a defense in future jury trials.

Less than a week after oral arguments in the landmark federal case to reclassify cannabis for medical use, the plaintiffs filed an additional brief Oct. 22 at the request of the court. In the case Americans for Safe Access v. Drug Enforcement Administration, the DC Circuit Court of Appeals issued an order last week seeking details on the harm sustained by plaintiff and disabled US Air Force veteran Michael Krawitz as a result of the federal government's policy on medical marijuana.

Oakland City Attorney Barbara Parker and San Francisco law firm Morrison & Foerster announced Oct. 11 that the City of Oakland has filed a complaint in US District Court to stop the federal government from seizing an Oakland building used by a medical marijuana dispensary. "This lawsuit is about protecting the rights of legitimate medical patients," Parker said in a statement. "I am deeply dismayed that the federal government would seek to deny these rights and deprive thousands of seriously ill Californians of access to safe, affordable and effective medicine." The civil suit, which has City Council approval, seeks to "restrain and declare unlawful" forfeiture proceedings against the landlords of the dispensary, Harborside Health Center, stating that Oakland will "suffer irreparable harm if the dispensaries are shuttered."

For the first time in nearly 20 years, a US Court of Appeals is set to hear oral arguments in a lawsuit challenging the federal government's classification of cannabis as a dangerous drug with no medicinal value: Americans for Safe Access v. Drug Enforcement Administration. This historic case will force a federal court to finally review the scientific evidence regarding the therapeutic efficacy of cannabis. During a press briefing Oct. 4, plaintiffs in the case, along with leading medical researchers and clinicians, spoke by conference call about the necessity of the federal government recognizing current scientific data supporting marijuana rescheduling. Cannabis is currently classified in the same category as heroin despite calls from scientists, medical professionals, and policy makers to reschedule the plant for medical use.

For 28 years, the now-defunct state Campaign Against Marijuana Planting (CAMP) sent teams of state, federal and local officers aboard helicopters into Northern California's remote forests to hunt down and destroy cannabis grows. But this year, Gov. Jerry Brown cut CAMP from the state budget. The program has been restructured under direct federal leadership—and the new moniker of Cannabis Eradication and Reclamation Team (CERT). The DEA and other federal agencies are now working with local law enforcement, with no involvement from the effectively shuttered state Bureau of Narcotic Enforcement.

The Arkansas Supreme Court announced Sept. 27 that it will allow the Arkansas Medical Marijuana Act  ballot initiative to go before the voters in November. The decision came in a suit brought by the Coalition to Preserve Arkansas Values (CPAV), which argued that the initiative text was "insufficient" as the full ballot title of the act is 384 words long and that "voters will not have adequate time in the voting booth to be reasonably advised on the impact of the Act." CPAV also claimed that the initiative would have been contrary to the US and Arkansas constitutions. In denying the  CPAV's claims, the court found that the text is free of "misleading tendencies or partisan coloring," and that the summary "informs the voters in an intelligible, honest and impartial manner" about what the measure would do.

Federal authorities on Sept. 25 took legal action against over 70 medical marijuana dispensaries in Los Angeles County— sending warning letters to 68 properties, filing forfeiture suits against three, and serving search warrants at another three.  "Over the past several years, we have seen an explosion of commercial marijuana stores—an explosion that is being driven by the massive profits associated with marijuana distribution," said US Attorney André Birotte Jr in a statement.  "As today's operations make clear, the sale and distribution of marijuana violates federal law, and we intend to enforce the law. Even those stores not targeted today should understand that they cannot continue to profit in violation of the law." The statement said the targets include "all known marijuana stores in the Eagle Rock and downtown areas of Los Angeles, as well as the single store known to be operating in Huntington Park." (LAT, LA Weekly, Sept. 25)

In a new kind of cannabis crackdown in California's Nevada County, a special team of deputies is going door-to-door to make sure medical marijuana growers are following the law. The policy, ostensibly in response to some 200 complaints from neighbors, follows a new county ordinance. "The ordinance was designed to improve the quality of life in Nevada County," said Sgt. Guy Selleck of the Nevada County Sheriff's Department. "The complaints were basically driven from the odors of marijuana."