Global Ganja Report

The US District Court for the Eastern District of California will hold rare formal hearings beginning Oct. 27 to determine whether an indictment against Brian Justin Pickard and others for conspiracy to grow more than 1,000 marijuana plants violates the US Constitution, and whether marijuana is misclassified by the federal government as a dangerous drug with no medical value. US District Judge Kimberly J. Mueller will preside over the three-day hearing, which includes expert testimony from doctors Carl Hart, associate professor of psychology at Columbia University in New York; Greg Carter, medical director of St. Luke's Rehabilitation Institute in Spokane, Wash., and expert witness Chris Conrad.

US Rep. Scott Perry (R-PA) on July 29 introduced a bill to legalize cannabidiol (CBD) oil on a national level, citing its effectiveness in treating seizures in children suffering from epilepsy. The "Charlotte's Web Medical Hemp Act of 2014" would remove CBD oil and "therapeutic hemp" from the federal definition of marijuana in the Controlled Substances Act. "Therapeutic hemp" is cannabis that contains no more than .3% THC and therefore produces no "high." Perry announced the bill at press conference where he was joined by the president of the national Epilepsy Foundation and advocates that included the mother of Colorado girl Charlotte Figi, whose successful treatment with  CBD  oil won national interest. Also present was Joel Stanley, one of the creators of the "Charlotte's Web" strain of marijuana used to treat Figi. Introduction of the legislation coincides with a pledge by Pennsylvania's Gov. Tom Corbett to create a state-level pilot program for families whose children require access to medical marijuana. (Jurist, July 29; PennLive, MSBC, July 28)

In an unprecedented 219-189 floor vote late May 29, the House of Representatives approved the end of funding for Department of Justice (DoJ) enforcement in medical marijuana states. Advocates are hailing the vote as a major victory that signals a shift in the approach Congress is taking on this issue. The vote was on Amendment No. 25 to the Commerce, Justice & Science (CJS) appropriations bill. One hundred seventy Democrats and 49 Republicans voted in favor of the amendment. "This Congressional vote is a huge victory for patients," said Steph Sherer, executive director of Americans for Safe Access. "No longer will we have to look over our shoulder and worry when the next raid or indictment will prevent us from safely and legally accessing our medicine. This is a game-changer that paves the way for much more policy change to come."

Gov. Mark Dayton signed a bill into law May 29 that makes Minnesota the 22nd medical marijuana state. Patient advocates celebrated the passage of SF 2470, which will protect qualified patients from arrest, prosecution and discrimination, and license two manufacturers and eight distribution centers. However, advocates voiced concern that the law prohibits smoking medical marijuana, as well as the use and possession of cannabis in herbaceous form. The bill empowers "health care practitioners" to recommend marijuana to patients with cancer, multiple sclerosis, HIV/AIDS, chronic pain, seizures, and a range of other medical conditions. However, the law limits medical marijuana use to oil that is extracted from the plant using a state-licensed manufacturing process. The law requires the state to start supplying patients with medical marijuana oil by July 1, 2015.

Congressman Jared Polis (D-CO) introduced legislation last month, House Resolution 499, which would effectively end the federal prohibition on marijuana and allow states to set their own policies. The Ending Marijuana Prohibition Act of 2013 would remove cannabis from the Controlled Substances Act, transfer the Drug Enforcement Administration's authority to regulate the herb to a newly renamed Bureau of Alcohol, Tobacco, Marijuana and Firearms, require commercial producers to purchase a permit, and ensure that federal law distinguishes between individuals who grow for personal use and those involved in commercial sale and distribution. (NORML Action Alert)

More than a dozen members of Congress co-introduced legislation Feb. 14 that would reclassify cannabis for medical use and provide federal defendants the right to use state law compliance as evidence in medical marijuana trials, a right they're currently denied. Rep. Earl Blumenauer (D-OR) authored H.R. 689, the "States’ Medical Marijuana Patient Protection Act," which in addition to rescheduling cannabis will allow states to establish production and distribution laws without interference by the federal government, and will remove current obstacles to research. Rep. Sam Farr (D-CA) authored H.R. 710, the "Truth in Trials Act," to overturn the prohibition on medical marijuana evidence in federal court. 

On July 17, US Representative Sam Farr (D-CA) and 18 co-sponsors introduced HR 6134, the "Truth in Trials" Act—bipartisan legislation to allow defendants in federal criminal prosecutions the ability to use medical marijuana evidence at trial. Because of a June 2005 US Supreme Court ruling in Gonzales v. Raich, the government has the discretion to enforce federal marijuana laws even in states that have passed medical marijuana laws. The Raich ruling also allows federal prosecutors to exclude all evidence concerning medical use or state law compliance in federal trials, virtually guaranteeing the convictions of medical marijuana patients and providers.

Governors Christine Gregoire (D-WA) and Lincoln Chafee (I-RI) announced at a press conference in Olympia Nov. 30 that they are jointly filing a federal petition to reclassify cannabis for medical use. Under the Controlled Substances Act, the federal government considers cannabis a Schedule I substance, a dangerous drug with no medical value. The rescheduling petition filed by governors Gregoire and Chafee comes after their administrations were sent letters threatening medical marijuana producers and distributors and the implementation of state laws.