Global Ganja Report

From Oregon comes the ominous news of the first violent robbery on a state-licensed cannabis grow since the recent wave of legalization initiatives. The Oregonian reported Dec. 30 that James Bowman, 56, a licensed cultivator in the town of Wimer, was tied up and severely beaten when four masked intruders raided his home two weeks earlier. Bowman suffered a broken nose and black eyes in the Dec. 16 attack, while the assailants made off with his entire harvested crop—filling a rented U-Haul truck with hundreds of pounds. Bowman was discovered hours later by two of his workers. The robbers left the door to his house open, with Bowman tied up inside.

In an utterly bizarre case reported in Oregon's Willamette Week on July 27, the federal government is taking the almost unheard-of move of prosecuting an individual for possession of a small amount of cannabis. Making it all the more perverse, this is happening in Oregon, which last year legalized recreational cannabis by popular vote. More perverse still, the taregted individual is a Native American youth—who may face one year in prison for possession of just about enought herb to roll a fat joint.

After nine years of Conservative rule, Canada's Liberal Party had a momentous election night on Oct. 19, gaining a majority of seats in Parliament and a new prime minister in Justin Trudeau. The handsome and charismatic son of Canada's most formative prime minister, Trudeau had worked as a school teacher in Vancouver before becoming a parliamentarian representing Quebec. He promised a new beginning in Canadian politics—and a break with the increasingly right-wing policies of his predecessor, Stephen Harper. It remains to be seen if he will able to follow through on his ambitious promises—including to legalize cannabis.

Judge Michael Phelan of the Vancouver Federal Court ruled Feb. 24 that medical marijuana patients have a constitutional right to grow their own cannabis, striking down a ban introduced by Canada's previous Conservative government under the 2013 "Marihuana for Medical Purposes Regulations." The case, brought by a group of British Columbia residents led by Neil Allard, invoked the Canadian Charter of Rights and Freedoms, which guarantees the right to not be deprived of life, liberty, security of the person "except in accordance with the principles of fundamental justice." Judge Phelan agreed with the plaintiffs that "the access restrictions have not been proven to be in accordance with the principles of fundamental justice" and therefore infringed upon their constitutional rights. As the decision was announced, Kirk Tousaw, attorney representing the patients, tweeted: "Win!"

A seemingly schismatic Oregon branch of the Native American Church claims the US government illegally seized its sacramental cannabis—and is fighting in court to get it back. Oklevueha Native American Church leaders James "Flaming Eagle" Mooney and Joy Graves brought the case Jan. 15 in a US district court in Portland. Graves says she mailed five ounces of cannabis to a church member in Ohio on Dec. 10, but it never arrived. The Postal Service tracking website reported that the package had been seized by law enforcement. A postal inspector in Portland told her cannabis is illegal under federal law and was unimpressed by her claim that she sent the herb to a church member with esophageal cancer for use in healing rituals, according to Courthouse News Service. Oregon legalized medical marijuana in 2007 and approved recreational cannabis through a ballot measure last year. Both remain illegal in Ohio, although small quantities are decriminalized there. Sending cannabis through the mails is a federal crime.

Members of the Confederated Tribes of Warm Springs, on the eastern slopes of Oregon's Cascade Mountains, voted up a proposal to permit growing, processing and selling cannabis for the recreational market, tribal officials announced Dec. 18. The referendum passed by an impressive 86%, said Don Sampson, CEO of Warm Springs Ventures, the tribes' economic development corporation. Sampson told The Oregonian that the election drew about 1,400 voters who "turned out even in a winter storm." Turnout among youth was especially strong.

In a unanimous decision, a seven-justice bench of the Supreme Court of Canada ruled June 11 that the ban on edibles in the government's medical marijuana program is constitutionally flawed and breaches patients' rights. "Inhaling marihuana can present health risks and is less effective for some conditions than administration of cannabis derivative," the court found. The case stemmed fron the December 2009 bust of Owen Smith, then a baker for the Victoria Cannabis Buyers Club, who was arrested at his apartment with 200-plus cookies, a supply of cannabis-infused cooking oils, and some dried herb. He was charged under the Controlled Drugs and Substances Act with trafficking tetrahydrocannabinol (THC). In 2012, British Columbia Supreme Court Judge Robert Johnston acquitted Smith after ruling that the medical marijuana regulations were constitutionally flawed because they restricted patients' therapeutic use of cannabis. Canada's Supreme Court has now affirmed the acquittal. "I think across the country there will be a lot more smiles and a lot less pain," said Smith upon the news. (Vancouver Sun, Canadian Press, June 11)

The House and Senate appropriations leadership has hammered out a budget bill that includes an historic amendment to curb federal Department of Justice (DoJ) enforcement in medical marijuana states. The measure, which was originally passed by the House in May with a 219-189 vote, aims to prohibit the DoJ from spending taxpayer money to undermine state medical marijuana laws. "This is great news for medical marijuana patients all across the country," said Rep. Sam Farr (D-CA), one of the co-authors of the House measure. "This amendment protects patients while the federal government catches up with the views of the American people. Patients will have access to the care legal in their state without fear of federal prosecution. And our federal dollars will be spent more wisely on fighting actual crimes and not wasted going after patients."