Global Ganja Report

Medical marijuana advocacy group Americans for Safe Access (ASA) filed an amicus ("friend of the court") brief July 9 in a federal appeal brought by California dispensary operator Charlie C. Lynch. Lynch's case drew a lot of attention during his 2008 trial and June 2009 sentencing under the Obama Justice Department. Though Lynch was supported by local officials and the Chamber of Commerce in Morro Bay, where his state-compliant Central Coast Compassionate Caregivers (CCCC) was located, the DEA raided and shut down CCCC in 2007 anyway. A hearing in the Lynch appeal is expected this winter.

A government-sponsored study published recently in The Open Neurology Journal concludes that cannabis provides relief to some chronic pain sufferers and that more clinical trials are needed—directly challenging DEA classification of the drug under "Schedule I," that reserved for substances with no medical uses. The study, sponsored by the State of California and conducted at the University of California Center for Medicinal Cannabis Research, calls the Schedule I placement "not accurate" and "not tenable."

A June 19 raid on a Long Beach cannabis dispensary is under investigation after a video was released showing officers smashing surveillance cameras and stepping on an employee. More than a dozen police raided THC Downtown Collective on Atlantic Boulevard. The two-minute video posted to YouTube shows a man who has been identified as employee Dorian Brooks surrendering to police and being ordered to the floor. One of the officers is seen stepping on his back before placing him in handcuffs. The video, recorded at an off-site location, then cuts to an officer pointing at the camera before another looks up and smashes the lens. "They noticed there was a camera that was on the wall right above my head, so they proceeded to smash it with a metal rod," said Brooks, adding that the camera shattered on him. "I wasn't able to protect myeslf because my hands were cuffed."

The Second District Court of Appeal in California issued a landmark decision July 2 in County of Los Angeles v. Alternative Medicinal Cannabis Collective (AMCC), affirming the legality of medical marijuana dispensaries under state law, rejecting bans imposed by municipalities. In particular, the court held that Los Angeles County's "complete ban" on medical marijuana is "preempted" by state law and therefore void. The AMCC decision reverses a preliminary injunction granted to the county by the Los Angeles Superior Court in May 2011.

California Assembly member Tom Ammiano on June 24 withdrew his bill to regulate the state medical marijuana industry, AB 2312. The bill had already cleared the Assembly, and the state Senate planned to debate it this week—but it had been catching flak from both sides of the debate in recent weeks. Medical marijuana advocacy groups opposed late amendments to the bill that would allow for city councils and county boards to ban dispensaries. Proposed measures for taxation of cannabis also generated controversy. "Many good bills take more than a year to pass," wrote Don Duncan of Americans for Safe Access. "We need to make sure that taxation, if necessary, is limited; and we have to make it difficult for cities and counties to ban patients' associations outright." (Legalization Nation, June 25)

In a rebuke to the New Hampshire state legislature, Gov. John Lynch on June 21 vetoed medical marijuana legislation for the second time since 2009, despite strong legislative and popular support. SB 409 passed the New Hampshire House by an overwhelming vote of 236-96—more than the two-thirds needed to override the governor's veto. However, because of a narrower margin in the senate, an override is less certain. SB 409 would protect the right of qualifying patients to cultivate their own medical marijuana or designate a caregiver to cultivate it for them, and would limit possession to six plants and six ounces of dried cannabis.

Medical marijuana patients and their supporters will rally in front of the federal building in Sacramento June 20 at 1:30 PM to protest a raid last week on the city's first permitted dispensary. On June 11, El Camino Wellness Center was raided by the federal Drug Enforcement Administration (DEA) and shut down, after having served thousands of Sacramento patients since 2008. Though no charges have been filed against the dispensary operators, the Internal Revenue Service has seized the facility's bank accounts. 

A mother from California's Butte County appeared in court for a preliminary hearing June 11 to determine whether she should stand trial for breastfeeding her children while being a user of medical cannabis. Advocates have rallied around the case of Daisy Bram, 30, contending that she faces excessive prosecution on charges of felony child abuse and misdemeanor child endangerment stemming from a raid by county authorities on her home garden.