Global Ganja Report

The Obama administration's aggressive federal enforcement in medical marijuana states has reached a crescendo this month, with three people being sentenced, two others due to surrender to federal authorities to serve out sentences of up to five years in prison, and one federal trial in Montana currently scheduled for Jan. 14. Two of the three people being sentenced in the coming month—Montana cultivator Chris Williams and Los Angeles-area dispensary operator Aaron Sandusky—face five and ten years to life, respectively.

Three medical marijuana groups have teamed up to support Mendocino County officials in their effort to fight a sweeping federal subpoena filed in October, seeking "any and all records" for the county's medical marijuana cultivation program, known as County Code 9.31. Last month, Mendocino County filed a motion in San Francisco federal court to quash the Justice Department's subpoena, and on Jan. 2 Americans for Safe Access (ASA), the Emerald Growers Association (EGA), and California NORML filed a joint amicus "friend of the court" brief in an attempt to protect the private patient records being sought. A hearing in the case is scheduled for 2 PM on Jan. 4, before federal District Court Judge Richard Seeborg in San Francisco.

Arizona's 2010 voter-approved state law authorizing "the local cultivation, sale, and use, of medical marijuana" is not preempted by the federal Controlled Substances Act, according to the Superior Court of Arizona, Maricopa County. The ruling, issued earlier this month by Judge Michael Gordon, allows for the establishment of state-licensed medicinal cannabis dispensaries within Arizona—the first of which opened its doors last week. State-licensed medical marijuana facilities now operate in several states, including Colorado, New Jersey, New Mexico, and Maine.

The Obama administration will be going toe-to-toe in federal court Dec. 20 at 10 AM with the City of Oakland and California's largest medical marijuana dispensary, Harborside Health Center. US Attorney Melinda Haag filed forfeiture proceedings in July against Harborside's landlords to force the dispensary to close its two locations in Oakland and San Jose. Then, in October, the City of Oakland filed its own legal action against Haag and her boss, US Attorney General Eric Holder. Harborside serves thousands of patients, pays local, state and federal taxes, and has been legally operating in Oakland since 2006.

Montana medical pot grower Chris Williams,  who was sentenced this year to a mandatory minimum of 85 to 92 years in federal prison, will have most of his convictions dropped after more than 27,000 people petitioned the White House for his clemency. On Dec. 18, federal prosecutors agreed to drop six of eight of Williamss charges and dismiss the $1,728,000 in penalties awarded to the government if he waives his right to appeal. His convictions for possessing a firearm in connection with drug trafficking and one count of possession with intent to distribute marijuana will stand. He faces five years on the distribution charge and a mandatory minimum of five years for the firearm-related charge.

The New York Times reports that White House and Justice Department officials are considering plans for legal action against Colorado and Washington in the wake of last month's legalization initiatives. The Obama administration declined to comment on the deliberations, but pointed to a press release the Justice Department issued on Dec. 5—the day before the initiative took effect in Washington—in the name of the US attorney in Seattle, Jenny A. Durkan.

The Mendocino Board of Supervisors and county counsel Thomas Parker are scheduled to meet in a closed-door session Dec. 4 to discuss a pending federal subpoena for records held by the Sheriff's now-defunct medical marijuana cultivation program, County Code 9.31—in which registrants were allowed to grow collectively up to 99 plants and were sold zip ties for $25 per plant to show they were being cultivated in compliance with state law. Medical marijuana patient advocates are urging the county not to comply with the subpoena and attempt to quash it. A brief public comment period is scheduled for 9 AM Tuesday just prior to the closed-door session.

Cannabis is set to become legal in Colorado and Washington after voters passed historic ballot initiatives on Nov. 6. In Washington voters approved Initiative 502, allowing possession and distribution of cannabis through a state licensing system of growers, processors and stores, where adults will be able to buy up to an ounce of dried cannabis; up to a pound of a cannabis-infused product, such as brownies; or up to 72 ounces of cannabis-infused liquids.. The Colorado initiative actually introduces Amendment 64 to the state constitution, allowing adults over 21 to possess up to an ounce and to privately grow up to six plants—although public use will be banned. In Oregon, the similar Cannabis Tax Act Initiative or Measure 80, failed by approximately 55-to-45% of the vote.