Global Ganja Report

Medical marijuana patient advocacy group Americans for Safe Access (ASA) filed a petition with the federal court of appeals March 22 in a widely watched case that seeks to reclassify cannabis for medical use. Plaintiffs in the case, ASA v. Drug Enforcement Administration, are requesting a rehearing before the original panel, as well as seeking full (en banc) review by the US Court of Appeals for the DC Circuit. On Jan. 22, the DC Circuit granted plaintiffs standing—the right to sue the federal government to reclassify cannabis—but, in a 2-1 ruling, denied the appeal on the merits by setting what ASA calls a "virtually-impossible-to-meet standard" for assessing medical efficacy. (ASA, March 22)

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. 

A market glut and paranoia about criminal cartels getting into the act coincide with the end of the CAMP program. Can Northern California's cannabis industry remake itself along ecological and community-rooted lines?

With the 2012 fall harvest season, Northern California's legendary cannabis-growing Emerald Triangle—centered around the counties of Humboldt, Mendocino and Trinity—is at a turning point. And as the old cliché goes, the Chinese character for crisis is made up of the characters for danger and opportunity.

The current juncture is ripe with both.

In a decision that may shutter most of the state's medical marijuana dispensaries, the Michigan Supreme Court ruled 4-1 Feb. 8 that the private sale of medical marijuana is illegal. The court granted an injunction enjoining the defendants' business, Compassionate Apothecary, from selling medical marijuana on the grounds that such sales constitute a public nuisance.

Ontario's high court on Feb. 1 upheld Canada's general ban on cannabis, overturning a lower court decision that found the nation's marijuana laws unconstitutional. The Court of Appeal for Ontario held that while a total ban on use of medical marijuana would be unconstitutional, serious illness does not create an automatic right to use cannabis. The Court of Appeal overruled a trial court decision that struck down parts of Canada's Marihuana Medical Access Regulations (MMAR) and Controlled Drugs and Substances Act (CDSA). The Court of Appeal ruled that the lower court erred in its finding that Canadian law made it nearly impossible for patients to obtain medicinal marijuana. The case concerned Matthew Mernagh, who was charged under the CDSA with growing his own cannabis after failure to obtain a medical exemption.

The United States Court of Appeals for the DC Circuit issued a ruling Jan. 22 in the medical marijuana reclassification case, Americans for Safe Access v. Drug Enforcement Administration. In a 2-1 decision, the Court granted standing in the case—the right to bring a claim against the federal government—but denied the legal challenge on the merits, agreeing with the government's assertion that "adequate and well-controlled studies" on the medical efficacy of marijuana do not exist.

The Cannabis Committee of the American Herbal Products Association (AHPA) issued recommendations this week to regulators of dispensaries in California, Colorado, and Massachusetts, and will make similar recommendations in other medical marijuana states over the next days. The committee, in cooperation with Americans for Safe Access (ASA), has over the past year coordinated the development of best practice protocols in several areas, including cultivation; manufacturing, packaging and labeling; laboratory practice; and distribution.

Medical marijuana patient, cultivator and former University of Montana Grizzlies quarterback Jason Washington was convicted Jan. 17 in federal court of two felonies, "conspiracy to manufacture and distribute marijuana" and "possession with intent to distribute marijuana," but was acquitted of another felony possession of a firearm in furtherance of a drug-related crime. Washington claimed to be in compliance with Montana's medical marijuana law but, as is typical with such federal cases, was denied a defense. He is facing a five-year mandatory minimum sentence, up to 40 years in prison, and more than $10 million in fines and forfeitures.