Global Ganja Report

Industrial hemp became legal in North Carolina on Oct. 31 as Gov. Pat McCrory failed to either sign or veto Senate Bill 313 after allowing it to sit on his desk for nearly a month. The bill mandates creation of a state Industrial Hemp Commission to oversee research in industrial hemp under terms of the new federal Farm Bill. The ultimate aim is to "provide opportunities to small farmers for an environmentally sustainable and profitable use of crop lands that might otherwise be lost to agricultural production," according to the text of the new law. A hemp cultivation pilot program is to be established by North Carolina State University. 

Members of the Seneca Nation of Indians in western New York state voted up a referendum Nov. 3 giving tribal leaders approval to move towards setting up a medical marijuana business on their territories. The measure passed by a vote of 448-364, giving the Seneca Nation Council the power to draft laws and regulations allowing the manufacture, use and distribution of cannabis for medical purposes. "A decision on our Nation's path of action on medical cannabis is far from made," cautioned Seneca President Maurice A. John Sr. in comments to the Buffalo News. "But now, having heard from the Seneca people, our discussions and due diligence can begin in earnest."

Voters in Ohio on Nov. 3 rejected a proposal to legalize medical and recreational use of cannabis. Issue 3 would have allowed adults 21 and older to use, purchase or grow regulated quantities, and also made cannabis available for medical use in the same vote—a unique approach nationally. It would additionally have permitted retail sale of cannabis-infused products, and created a "Marijuana Control Commission" to oversee the industry. Complicating matters, the Ohio General Assembly put a competing initiative on the ballot, Issue 2, which would have blocked Issue 3 by prohibiting the granting of special rights by the state constitution. This "anti-monopoly measure" was aimed at barring Issue 3 language that would establish exclusive rights to produce cannabis for the retail market. If both had passed, a legal quagmire loomed. In the actual fact, Issue 2 was approved while Issue 3 was defeated by over 63% of voters. (Jurist, Nov. 4; WLWT, Cincinnnati, Nov. 3; NYT, Nov. 1)

In a 4-to-1 decision on Nov. 4, the Criminal Chamber of Mexico's Supreme Court of Justice ruled that the prohibition of consumption and cultivation of cannabis for personal use is unconstitutional, voiding five articles of the country's principal narcotics statute, the General Health Law. The court found that prohibition of cannabis consumption—or of cultivation for non-commercial purposes—violates the right to "free development of the personality," enshrined in Aricle 19 of the Mexican Constitution. The landmark decision only applies to the actual plaintiffs who challenged the prohibition provisions of the General Health Law, but loans weight to legalization proposals being prepared in Mexico's Congress. "They're noting this case and using it in their favor to present a law that will be in agreement and will protect people's rights," Moy Schwartzman, attorney for the plaintiffs, was quoted by AP.

Cannabis legalization proponents in Canada are rejoicing in the wake of the Oct. 19 elections that gave the Liberal Party a clear majority and position its leader Justin Trudeau to become prime minister. The son of Canada's revered former prime minister Pierre Trudeau, Justin openly advocates legalization. He even admitted to Huffington Post in 2013 that he had toked since becoming an MP representing Montreal in 2008.  He also revealed that his late brother, Michel Trudeau, was facing cannabis possession charges before his death in an avalanche in 1998, and that the experience influenced his position. In vivid contrast the Conservative Party's incumbent Prime Minister Stephen Harper has been leading a crackdown on Canada's medical marijuana program, and even recently called cannabis "infinitely worse" than tobacco. But how easy will it be for Trudeau to follow through on his promise to legalize?

Vancouver's BC Compassion Club Society is waiting for clarification from Canada's federal government following a threat to call in the RCMP unless it closes its doors—along with 12 other area cannabis dispensaries. John Conroy,  the Compassion Club's attorney, told local News 1130 that he wrote back to Health Canada after they received the threatening letter last month. Conroy raised the specter of the Mounties confiscating herbal medicine, leaving wheelchair-bound patients no option but to return to more debilitating painkillers they'd been taking before cannabis became available. "A lot of these folks used to be on all kinds of prescribed opiates," he said. "Many of them are now not on any opiates and doing much better." Vancouver recently became the first Canadian city to regulate medical marijuana dispensaries, which remain officially barred under federal law. The city now has about 80 such operations, with the Compassion Club the flagship outfit.

In a move that raises questions over the rights and limits of tribal sovereignty, Mendocino County sheriff's deputies on Sept. 22 raided a medical marijuana grow operation on Indian land just outside Ukiah—targeting a project hailed as a new economic model for cash-strapped tribes. Some 400 outdoor plants were eradicated on lands of the Pinoleville Pomo Nation. Deputies also seized more than 100 pounds of trimmed and drying bud at a Ukiah laboratory run by the tribe where cannabis-infused honey oil was being produced.

On Sept. 11, the California state legislature approved a trio of bills to establish comprehensive regulation and licensing of medical cannabis. Assembly Bills 243 and 266 and Senate Bill 643 were all passed, and will delegate regulation of commercial medical cannabis cultivation, manufacturing, transportation, and distribution to various state agencies as well as create a state-level licensing system. Gov. Jerry Brown is widely expected to sign all three pieces of legislation. "We're glad the legislature has finally been able to move forward on regulations," said Don Duncan, California direcotr of Americans for Safe Access (ASA). "History has shown that regulation can improve community outcomes while still preserving patient access. Passing medical cannabis regulation before the state moves forward with a potential adult-use recreational system next year is extremely important for the preservation of the medical cannabis program.”