Global Ganja Report

The new "Citizen Safety Law" that took effect in Spain on July 1 is notoriously draconian, making it illegal to march on public buildings, and imposing prohibitive fines for holding any protest without a permit. It also raises the minimum penalty for public cannabis use or possession from 300 to 600 euros, with the maximum penalty set at a whopping 30,000 euros for "grave infractions." But even this is something of a victory, as conservatives had been pressing to raise the minimum to 1,000 euros. And there may be a more surprising bright side.

Delaware's Gov. Jack Markell on June 18 signed into law House Bill 39, decriminalizing possession and use of personal quantities of cannabis. The bill, which was approved by the state senate earlier that day, eliminates criminal penalties for possession of up to one ounce. Police may still confiscate the cannabis, however. The penalty for public use is reduced to a $100 civil fine. Selling will remain a criminal offense. Prior to the new legislation, simple possession was a misdemeanor with penalties of up to six months in prison and as a $1,150 fine. A statement from the governor's office on the new law said: "The governor remains committed to reducing the number of people entering the criminal justice system and refocusing resources where they are needed most and House Bill 39 supports these efforts." The law will take effect in six months. (Jurist, June 20)

Back in March, Connecticut's Supreme Court, the state's highest, ruled that those convicted of past cannabis possession misdemeanors can have the charges erased from their records because the state decriminalized the herb in 2011. The  unanimous ruling came in the case of Nicholas Menditto, who will now have his 2009 possession conviction expunged from his record. (The Joint Blog, March 17; AP, March 16) Last week, reporter Jon Campbell wrote in New York's Village Voice that activists in the Empire State are hoping for a similar outcome. New York was one of the first states to decriminalize, way back in '77, and the cut-off point for an infraction rather than a misdemeanor is a full ounce (as opposed to a half-ounce under the Connecticut law). But New York pot arrests have ironically continued at the highest rate in the country—especially in the Big Apple, under the aggressive policing since the '90s. The loophole that cops used? Cannabis in public view remains illegal—and suspects are basically forced into pulling out their stashes when stopped by cops and ordered to empty their pockets.

This week, the New York City Council called for the state of New York to pass legislation to tax and regulate cannabis, as well as to close loopholes in the state's decriminalization law that allow arrests for small quantitites to continue. As part of its State Budget and Legislative Agenda for the 2015-2016 legislative session, the Council urged the state legislature to pass both the Marijuana Regulation and Tax Act (MRTA) and the Fairness and Equity Act. Council Speaker Melissa Mark-Viverito announced her support for cannabis legalization in November, but this marks the first time that the issue has been part of the Council's official legislative agenda.

The Jamaican cabinet on Jan. 19 approved a bill to decriminalize possession of personal quantities of ganja (as the stuff is endearingly called in Jamaica's legal code). Beyond that, the bill would establish a Cannabis Licensing Authority to oversee cultivation, sale and distribution for medical, spiritual and industrial purposes. Possession of two ounces or less would be a ticketable infraction, leaving no criminal record. While public use would remain banned, the law would establish both a medicinal and religious defense, as well as permiting licensed cultivation of industrial hemp. The bill, officially the Dangerous Drugs (Amendment) Act of 2015, now goes to the Senate for approval. Justice Minister Mark Golding expressed his optimism that the Lower House will move to pass the proposed statute following approval by the Senate.

2014 witnessed considerable fraying of the international Drug War consensus—but the horrific violence that finally sparked this long-overdue reckoning continued to take its grim toll. On the upside, Uruguay regsitered its first cannabis clubs, and Jamaica is now studying a decrim initiative. In a very hopeful sign, regional bodies in the Caribbean and West Africa are following suit with studies of potential decrim or legalization. And signs of the failure of the prohibitionist model kept mounting. For a second consecutive year, opium cultivation in Afghanistan broke all previous records—despite some $7 billion spent by the US to combat Afghan opium over the past decade. Hashish busts at sea—especially the Persian Gulf and Mediterranean—also soared. Saudi Arabia went on a beheading spree, targeting drug convicts (as well as those found guilty of adultery, "sorcery" and other such wackery). ISIS (whose beheadings somehow sparked far greater media outrage) started eradicating the cannabis fileds of northern Syria, after the Syrian civil war had sparked a regional hashish boom, with a profusion of militias needing narco-profits to fund their insurgencies. The same cycle that Afghanistan saw with both hashish and opium when the Taliban was in power before 9-11.

New York City Police Commissioner Bill Bratton whimsically held up a baggie filled with oregano to show what 25 grams (about an ounce) of herb looks like in announcing the new policy to stop making arrests for those found in possession of that much cannabis in public view. The policy is expected to curb the tens of thousands of arrests for low-level possession the NYPD makes each year—busts that disproportionately affect Black and Latino residents despite the fact that whites use the herb no less. Despite New York State's 1976 decriminalization law, the Big Apple has remained the marijuana arrest capital of the world—and arrests have actually increased since the supposedly progressive Mayor Bill de Blasio took office this year. Pot in public view is what is critical—allowing police to make arrests for what would otherwise be just a ticketable offense. But even under the new policy, possession in public view can still get you a summons and a $100 fine, and those smoking in public will still be subject to arrest.

In the Nov. 4 elections, voters in Washington DC approved Initiative 71, a legalization measure allowing residents to grow up to six plants at home and possess up to two ounces. The victory portends a showdown with Congress, as the Republicans will now control both houses. Oregon approved Measure 91, a legalization measure giving regulatory control to the state liquor control agency and allowing Oregon citizens to grow up to four plants. We continue to await word on a legalization measure in Alaska. A medical marijuana measure in Florida was defeated. Guam became the first US territory to pass a medical marijuana measure. (Reuters, NPR, Smell The Truth)