Global Ganja Report

Just little over a week before legalization took effect in California on Jan. 1, state police stopped a truck hauling 1,875 pounds of cannabis in Mendocino County, seizing the goods and slapping the two occupants with misdemeanor possession charges. This despite the fact that they were hauling for their employer, Ukiah-based Old Kai Logistics, and had paperwork showing the firm is licensed by county authorities. It remains to be seen if prosecutors will pursue the case in light of legalization, and the affair has enflamed suspicions between growers and authorities at a critical moment.

So California's rebel rednecks think they're taking Humboldt County with them when they leave the state, it appears. The latest split-the-state initiative was unveiled at a Sacramento press conference Jan. 16, covered by USA Today. "The current state of California has become governed by a tyranny," the group declared. Their proposed solution is to form the state of "New California," taking most of the rural counties with them, and leaving behind the heavily urbanized coast.

California state authorities have issued new regulations governing the legal cannabis market that is to be officially instated on Jan. 1. Jointly drawn up by the Department of Health, Department of Food & Agriculture and the new Bureau of Cannabis Control, the regs are meeting with some trepidation from the Golden State's traditional cannabis sector. Most controversially, many small growers were disappointed that the regs include no limit on the number of licenses a single grower can hold or the total acreage one can farm.

The wildfires devastating Northern California are obviously taking their toll on this year's cannabis harvest. And this in the critical countdown to legalization, which takes effect in Golden State in January. This even won coverage in the New York Times Oct. 13. The paper cited Hezekiah Allen, executive director of the California Growers Association, saying that at least seven cannabis farms had been destroyed, and that he expected the number to "increase significantly" as people return to their homes.

A little New York-California cross-fertilization of herbal consciousness took place as Martin Lee, the author of Smoke Signals: A Social History of Marijuana, spoke in Manhattan's East Village the night of Nov. 10 on "The Future of CBD and Medicinal Cannabis." Lee discussed his current work with California-based Project CBD, dedicated to promoting and publicizing research into the medical uses of cannabidiol, and Emerald Pharms, his CBD-oriented dispensary in Hopland, southern Medocino County. The event was hosted by The Alchemist's Kitchen, a New Age-flavored herbal apothecary—or "botanical dispensary"—on East 1st Street. Under New York state's medical marijuana law, the Kitchen recently launched a Bowery Cannabis Club, which specializes in CBD products.

In a move that raises questions over the rights and limits of tribal sovereignty, Mendocino County sheriff's deputies on Sept. 22 raided a medical marijuana grow operation on Indian land just outside Ukiah—targeting a project hailed as a new economic model for cash-strapped tribes. Some 400 outdoor plants were eradicated on lands of the Pinoleville Pomo Nation. Deputies also seized more than 100 pounds of trimmed and drying bud at a Ukiah laboratory run by the tribe where cannabis-infused honey oil was being produced.

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 US Supreme Court ruled 5-4 on April 22 in Navarette v. California that a traffic stop that led to a marijuana arrest was constitutional because police had reasonable suspicion the driver was intoxicated. In 2008, California Highway Patrol officers stopped Lorenzo Prado Navarette's pickup truck on a Mendocino County road based on a 911 tip about reckless driving. The officers said they smelled marijuana when approaching the vehicle. They conducted a search and found 30 pounds of cannabis. Navarette and a passenger were arrested and charged. At trial, they moved to suppress the evidence on grounds that the search violated their Fourth Amendment rights because the officers lacked reasonable suspicion when they pulled Navarette over. But in the opinion authored by conservative Justice Clarence Thomas, the majority found that while an anonymous tip will not always lead to reasonable suspicion, in this case it did. The court found that "under appropriate circumstances, an anonymous tip can demonstrate sufficient indicia of reliability to provide reasonable suspicion to make an investigatory stop." Conservative Justice Antonin Scalia wrote a dissent that was joined by the court's liberals, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan. Conservatives John Roberts and Samuel Alito lined up with the majority, as did swing voters Stephen Breyer and Anthony Kennedy. (Sacramento Bee, This Week, Jurist, April 22)