Global Ganja Report

The Second District Court of Appeal in California issued a landmark decision July 2 in County of Los Angeles v. Alternative Medicinal Cannabis Collective (AMCC), affirming the legality of medical marijuana dispensaries under state law, rejecting bans imposed by municipalities. In particular, the court held that Los Angeles County's "complete ban" on medical marijuana is "preempted" by state law and therefore void. The AMCC decision reverses a preliminary injunction granted to the county by the Los Angeles Superior Court in May 2011.

A Marijuana Eradication Team found 3,400 cannabis plants ("estimated street value": $10 million) growing in a remote area near Madonna County Park, outside of Gilroy, on June 28, and staked out the site waiting for the growers to return. Two men armed with rifles shortly approached the camp, and one reportedly raised his weapon when he saw the police; he was immediately shot by a member of the team. Identified as Alvaro Sanchez, 24, of Morgan Hill, he is now hospitalized with injuries that are not said to be life-threatening. The other man escaped.

The Chicago City Council on June 27 voted to decriminalize the possession of small amounts of cannabis. Under the new ordinance, police officers may issue tickets to individuals found to be in possession of 10 grams of cannabis or less. Chicago Mayor Rahm Emanuel earlier this month expressed his support for the ordinance, which he said would "ultimately [free] up police officers for the street." Emanuel said he consulted with police authorities before endorsing the ordinance. The new law will take effect 30 days from its passage, and supporters say it will raise revenue for the city as well as allow police more freedom to pursue violent criminals. (Jurist, June 27)

California Assembly member Tom Ammiano on June 24 withdrew his bill to regulate the state medical marijuana industry, AB 2312. The bill had already cleared the Assembly, and the state Senate planned to debate it this week—but it had been catching flak from both sides of the debate in recent weeks. Medical marijuana advocacy groups opposed late amendments to the bill that would allow for city councils and county boards to ban dispensaries. Proposed measures for taxation of cannabis also generated controversy. "Many good bills take more than a year to pass," wrote Don Duncan of Americans for Safe Access. "We need to make sure that taxation, if necessary, is limited; and we have to make it difficult for cities and counties to ban patients' associations outright." (Legalization Nation, June 25)

In a rebuke to the New Hampshire state legislature, Gov. John Lynch on June 21 vetoed medical marijuana legislation for the second time since 2009, despite strong legislative and popular support. SB 409 passed the New Hampshire House by an overwhelming vote of 236-96—more than the two-thirds needed to override the governor's veto. However, because of a narrower margin in the senate, an override is less certain. SB 409 would protect the right of qualifying patients to cultivate their own medical marijuana or designate a caregiver to cultivate it for them, and would limit possession to six plants and six ounces of dried cannabis.

The US-funded Counter-Narcotics Justice Center (CNJC) in Kabul handles all of Afghanistan's large-scale drug cases—anyone arrested with more than two kilograms of heroin, 10 kilograms of opium, or 50 kilograms of hashish. It has sent hundreds to the city's notoriously harsh Pul-e Charkhi prison, and records show that nearly 98% of defendants are convicted. The conviction rate for drug offenses in the US judicial system is also very high, at 93% for federal cases in 2006—but that is largely due to plea bargains, and the ability of prosecutors to drop cases and judges to grant reduced sentences. In the CNJC there is virtually no leeway for prosecutors to drop cases that are too small or poorly evidenced. Defense attorneys say the high conviction rate means that just about every suspect who arrives at the court ends up in prison for a long time. (Joshua Hersh for Huffington Post, June 10)

The administration of Uruguay's President José Mujica announced June 20 plans to establish an unprecedented system of government-controlled legal cannabis sales, saying that a bill will be submitted to Congress to approve the program. Under the plan, the government would maintain a monopoly on legal cannabis sales to registered users who would be allotted a fixed quantity per month. The government would assure standards for quality. Minister of Defense Eleuterio Fernández Huidobro told reporters in Montevideo that the measure aims to undercut criminal networks that currently control the marijuana trade. "We're shifting toward a stricter state control of the distribution and production of this drug," Fernández said. "We think its prohibition is creating more problems to society than the drug itself."  (Notimex, June 21; InfoBae, AP, June 20)

Medical marijuana patients and their supporters will rally in front of the federal building in Sacramento June 20 at 1:30 PM to protest a raid last week on the city's first permitted dispensary. On June 11, El Camino Wellness Center was raided by the federal Drug Enforcement Administration (DEA) and shut down, after having served thousands of Sacramento patients since 2008. Though no charges have been filed against the dispensary operators, the Internal Revenue Service has seized the facility's bank accounts.