Global Ganja Report

US District Judge Kimberly Mueller in Sacramento—who made history by granting the first extended hearings in federal court on the question of cannabis' continued listing under Schedule I of the Controlled Substances Act—on April 15 closed the hearings by ruling that the plant's Schedule I status is constitutional. "At some point in time," said Judge Mueller in issuing her decision in US v. Schweder et al, "a court may decide this status to be unconstitutional. But this is not the court and not the time." The Obama appointee decided to rule on the merits of the case, disregarding the insistence of federal prosecutors that she dismiss the motion for lack of standing by the defendants. For her standard of review, she applied the "rational basis test" to the defendants' challenge to cannabis' Schedule I status under the Equal Protection Clause. Under that standard, said Judge Mueller, "the statute passes muster. The questions raised by the defense are for Congress to resolve." Defendants say they will appeal to the Ninth Circuit. (The Leaf Online, Courthouse News Service, April 15)

A bipartisan group of US Senators on March 10 announced legislation to end the federal ban on medical marijuana. The Compassionate Access, Research Expansion and Respect States (CARERS) Act is sponsored by senators Kirsten Gillibrand (D-NY) Rand Paul (R-KY) and Cory Booker (D-NJ). If passed, the bill would end the federal restriction on medical marijuana and allow for several comprehensive reforms, including: permission for limited interstate transport, an expansion of access to cannabis for research purposes, and reclassification of marijuana from Schedule I to II. Medical marijuana, and the right of states to determine how to regulate it, has found bipartisan support in both the House and Senate. (Jurist, March 10)

Cannabis legalization as a political platform in Israel has traditionally been the domain of the Green Leaf Party, an idealistic, single-issue effort which has yet to gain even one seat in the Knesset. But Israeli news site YNet reported March 3 that Meretz, a traditional party of the center-left, held a confab at the Zionist Organization of America building in Tel Aviv to promote medical marijuana (at least), with more general legalization also discussed. Entertainment was provided by topical hip-hop/funk outfit Hadag Nachash before headlining speakers including Meretz MK Tamar Zandberg and Dr. Rick Doblin of the Multidisciplinary Association for Psychedelic Studies (MAPS). Yarden Gazit of the Jerusalem Institute for Market Studies (JIMS) protested that more than 18,000 criminal cases are opened a year for cannabis-related offenses—despite the fact that only 25% of Israel's populace supports criminalization. Urged  Zandberg in her closing remarks: "If you are a leftist, if you support legalization—vote Meretz."

Balkan Insight reported Feb. 28 that Koço Kokedhima, an MP with Albania's ruling Socialist Party, has launched a campaign calling for the legal cultivation of cannabis. The country is considered a major supplier for Europe, and last year its police carried out major eradication operations, destroying scores of plantations and arresting dozens. "Albania produces cannabis of high quality, well known in Europe. This could be done under state licenses for the pharmaceutical industry," Kokedhima told the parliament in a discussion on ways to support the country's impoverished rural sector. 

Virginia Gov. Terry McAuliffe on Feb. 26 signed a legislative measure (HB 1445) permitting use of cannabis oils for patients suffering from severe forms of epilepsy. The bill permits the use of cannabidiol (CBD) and tetrahydrocannabinol acid (THC-A) oils, providing an affirmative defense to charges of possession for those suffering from intractable epilepsy, as long as they have first obtained written permission from a doctor to use the oils. The bill does not permit the cultivation of cannabis plants or establishment of dispensaries, leaving questions as to how patients may obtain the cannabis derivatives. McAuliffe did say he is open to a wider medical marijuana program in the state. (Jurist, Feb. 28; Martinsville Daily, Feb. 27).

The Pinoleville Pomo Nation of Northern California's Mendocino County is set to be the first Native American tribe to grow cannabis, pursuant to the new Justice Department policy taking a hands-off approach to cultivation on Indian reservations. The 250-member tribe signed a contract last month with Kansas-based FoxBarry Farms and Colorado-based United Cannabis to develop a large-scale grow operation on its 99-acre rancheria just north of Ukiah. "We anticipate construction to begin in early February, and operations to commence by the end of the month," Barry Brautman, president of FoxBarry Development Company, told Indian Country Today Media Network. "Our first phase will include 90,000 feet of greenhouse space, and another 20,000 feet of indoor space." FoxBarry will also oversee distribution for California's medical market. Cannabis grown on the rancheria will be distributed only to card-holding medical users and dispensaries. “Our business model involves doing everything legally and by the book,” Brautman emphaszied to the Santa Rosa Press-Democrat.

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.

In an historic move to respect Native American sovereignty earlier this month, the US Department of Justice (DoJ) issued a memo instructing US attorneys to not interfere with tribes cultivating or selling cannabis on reservation lands. The caveat is that the tribes have to be in conformity with state law, limiting the new policy to states that have legalized (Colorado, Washington) or have strong medical marijuana programs (California, Montana). Tribes must also maintain "robust and effective regulatory systems," as John Walsh, US attorney for Colorado, told the Los Angeles Times. But US attorney for North Dakota Timothy Purdon, the Attorney General's pointman on Native American Issues, added: "The tribes have the sovereign right to set the code on their reservations." US News & World Report even speculated: "Marijuana may displace casinos as reservation cash cows."