Global Ganja Report

The Colorado Supreme Court on June 15 unanimously upheld a lower court decision that employers' "zero tolerance" drug policies are not pre-empted by the state's medical marijuana law. The court held that an employee can legally be fired for consuming cannabis off-duty, finding that the state's  statute on "lawful off-duty activitie"s implies that "lawful" is intended to protect only those activities permissible under both state and federal law. The opinion emphasizes that "employees who engage in an activity, such as medical marijuana use, that is permitted by state law but unlawful under federal law are not protected by the statute." Colorado law permits employers to implement drug policies of their choosing, with many opting to drop THC from pre-employment drug screening.

Israel has been a global leader in medical marijuana, but the country's state-run program is now meeting a backlash amid concerns that it is serving as a cover for recreational use. Israeli news site YNet on June 15 reports that the new director of Ichilov Hospital at Tel Aviv's Sourasky Medical Center, former Health Ministry director general Ronni Gamzu, has sent out a memo to his staff instructing that cannabis prescriptions be given only to patients with terminal cancer, and only with approval of the hospital's Oncology Ward. Gamzu's memo also instructs doctors to consider revoking the permits of patients who come to the hospital's pain clinic with cannabis prescriptions.

In a unanimous decision, a seven-justice bench of the Supreme Court of Canada ruled June 11 that the ban on edibles in the government's medical marijuana program is constitutionally flawed and breaches patients' rights. "Inhaling marihuana can present health risks and is less effective for some conditions than administration of cannabis derivative," the court found. The case stemmed fron the December 2009 bust of Owen Smith, then a baker for the Victoria Cannabis Buyers Club, who was arrested at his apartment with 200-plus cookies, a supply of cannabis-infused cooking oils, and some dried herb. He was charged under the Controlled Drugs and Substances Act with trafficking tetrahydrocannabinol (THC). In 2012, British Columbia Supreme Court Judge Robert Johnston acquitted Smith after ruling that the medical marijuana regulations were constitutionally flawed because they restricted patients' therapeutic use of cannabis. Canada's Supreme Court has now affirmed the acquittal. "I think across the country there will be a lot more smiles and a lot less pain," said Smith upon the news. (Vancouver Sun, Canadian Press, June 11)

Legislators on Capitol Hill passed three amendments June 3 to bar the DEA and Department of Justice from undermining state marijuana laws, as part of the US House of Representatives' consideration of the Fiscal Year 2016 Commerce, Justice, and Science Appropriations bill. "There’s unprecedented support on both sides of the aisle for ending the federal war on marijuana and letting states set their own drug policies based on science, compassion, health, and human rights," said Bill Piper, director of national affairs for the Drug Policy Alliance. "The more the DEA blocks sensible reforms the more they will see their agency's power and budget come under deeper scrutiny."

Puerto Rico's Gov. Alejandro García Padilla on May 3 signed an executive order calling a halt to prosecutions for medical use of marijuana on the island territory. Effective immediately, the order authorizes the Commonwealth's Health Secretary Ana Rius to permit medical use of "some or all controlled substances or components of the cannabis plant." The decree also calls on Rius to produce a report within three month "detailing the efforts made in compliance with this order, and the results obtained and the work plan to follow." Cannabis will be subject to taxation under the new plan, which is seen by most media accounts (e.g. PanAm Post) as a strategy to address the Commonwealth's urgent fiscal crisis.

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."