Global Ganja Report

The Supreme Court heard arguments Feb. 28 in DePierre v. United States, on whether the term "cocaine base" in the Federal Sentencing Guidelines is limited to "crack" or includes all forms of cocaine chemically classified as a base. The US First Circuit Court of Appeals in Boston ruled that "cocaine base" refers to "all forms of cocaine base, including, but not limited to crack cocaine." Counsel for the petitioner argue that Congress did not intend "cocaine base" to refer to substances used in the crack-production process.

Canada's Liberal Party announced Feb. 9 that it will oppose Bill S-10 over concerns that it would disproportionately target youth and cause an explosion of costs to build new mega-prisons. "This bill isn’t tough on crime, it’s dumb on crime," said Liberal leader Michael Ignatieff (Etobicoke-Lakeshore, ONT). "We're all in favor of cracking down on serious criminals, but this bill doesn’t distinguish between massive grow-ops and a first-time offender with a small amount."

On Aug. 3, President Obama signed the Fair Sentencing Act of 2010 into law, reforming the notorious "100-to-1" ratio between crack and powder cocaine into a fairer 18-to-1 ratio and repealing a mandatory minimum sentence for simple possession of crack.

On May 11, the White House Office of National Drug Control Policy (ONDCP, or "Drug Czar" office) released its 2010 National Drug Control Strategy, marking a shift of emphasis from law enforcement to treatment and prevention—compared to the enforcement-centered strategy of the Bush administration.

C-15, the draconian anti-cannabis legislation that has been languishing in Canada's parliament, was reintroduced May 5 by MP Rob Nicholson (Tory-Ontario) as Bill S-10. The bill is slightly more lenient, with a nine-year mandatory minimum sentence kicking in at six plants, not one. It also imposes mandatory minimum sentences for making any hashish or baked goods, and a host of other offenses.

The US Senate Judiciary Committee on March 11 unanimously approved a bill to reduce sentencing disparities for powder and crack cocaine offenses. The Fair Sentencing Act, introduced by Sen. Dick Durbin (D-IL), is intended to bridge the gap between crack and powder cocaine sentencing by amending the Controlled Substances Act and the Controlled Substances Import and Export Act.