Global Ganja Report

Advocates increasingly assert that cannabis legalization is not fully realized unless workers are guaranteed their right to employment even if they partake of the herb off-hours. Some states are finally taking measures to rein in the use of urine-test results as an excuse to fire or turn down job applicants.

A corrections officer has been left dead following a nearly 20-hour stand-off and hostage crisis at a Delaware prison. The uprising was put down when state police seized control of the James T. Vaughn Correctional Center in Smyrna the morning of Feb. 1. Inmates took four guards hostage to protest harsh conditions at the facility, and to demand educational and other programs for prisoners. Some inmates managed to establsih phone contact with the Wilmington News Journal to state their demands. One said their reasons "for doing what we're doing" included "Donald Trump. Everything that he did. All the things that he's doing now. We know that the institution is going to change for the worse."

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)

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.

Patient advocates applauded Gov. Dannel Malloy June 1 for signing the country's 17th state medical marijuana law. "We are encouraged that state officials are standing up to federal intimidation and moving ahead with the passage of important public health laws," said Steph Sherer, director of Americans for Safe Access (ASA), which worked with local advocates to help pass the Connecticut law. "We hope other states follow Connecticut's lead in passing medical marijuana laws so that patients are not left unprotected and vulnerable to law enforcement actions."

On April 2, a bipartisan group of legislators from five medical marijuana states—California, Colorado, Maine, New Mexico, and Washington—issued an open letter to President Barack Obama opposing the federal crackdown and calling upon his administration to "respect our state laws." The lawmakers underscored that such an aggressive policy "makes no sense" and is "not a good use of our resources," recalling Obama's original pledge to de-emphasize enforcement in states with medical marijuana laws.

New Jersey Gov. Chris Christie held a press conference July 19 to announce his plans to "begin work immediately" on his state's pending medical marijuana program. "We're moving forward with the program as it was set up," said Christie, with the expectation that licensed Alternative Treatment Centers could be up and operating as early as the end of 2011. Christie said he believed "the need to provide compassionate pain relief to these citizens of our state outweighs the risk we are taking in moving forward with the program." Christie's announcement comes in spite of threats from US Attorneys on the issue and a June 29 memorandum from Deputy Attorney General James Cole.

Deputy US Attorney General James Cole issued a controversial memorandum June 29 in an attempt to clarify federal policy on medical marijuana. Calling cannabis "a dangerous drug," Cole's memo threatened enforcement actions against "Persons who are in the business of cultivating, selling or distributing marijuana, and those who knowingly facilitate such activities," including local and state officials. The memo further underscored that "State laws or local ordinances are not a defense to civil or criminal enforcement of federal law."