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.

Michigan Attorney General Bill Schuette issued an opinion Nov. 10 finding that law enforcement officers are not required to return confiscated medical marijuana to a patient or caregiver—even though a state law prohibits such seizures. Schuette said the provision in the state's 2008 medical marijuana statute is pre-empted by federal law.

The Oakland County Narcotics Enforcement Team raided sites Sept. 14 in Michigan's Commerce Township, where defense attorneys said 34 caregivers grew cannabis in 34 leased and locked units. No arrests were made in raids on properties associated with Absolute Herbal Remedies, but 500 plants and tens of thousands of dollars in growing equipment were seized.

More than 1,000 people carrying colorful home-made signs gathered on the steps of the Michigan capitol building in Lansing on Sept. 7 to protest a recent state Court of Appeals ruling that made commercial sales of medical marijuana illegal. "Marijuana smoke hung in the air most of the afternoon," one reporter wrote, while protesters chanted "Whose house? Our house! Show me what democracy is made of!" The protest—held on the first day the Michigan legislature returned for the fall session—was called by the Michigan Medical Marijuana Association to demand that lawmakers uphold the will of the voters in the Medical Marijuana Act, a ballot initiative passed overwhelmingly in 2008.

A Michigan court of appeals ruled Aug. 23 that medicinal cannabis cannot be sold at private dispensaries. The defendants were owners of the Compassionate Apothecary, a privately owned dispensary that facilitates patient-to-patient transfer of cannabis using a locker system for patients to store and trade. Compassionate Apothecary retains 20% of proceeds from each transaction, and has 345 members, all certified by the state to use cannabis for medicinal purposes. An Isabella county prosecutor filed the complaint, seeking to enjoin operations for failing to comply with the Michigan Medical Marihuana Act (MMMA). (Detroit Free Press, Aug. 25; Jurist, Aug. 24)

Residents of Lansing, Mich., who register to vote could get free cannabis from the city's Your Healthy Choice Clinic. The dispensary is offering half a gram or a free "medible" as a thank you for registering—a move that has generated much controversy. "It wasn't ever to lure patients or try to buy their votes—no, not at all," said dispensary owner Shekina Pena. "We let them know how we feel, we don't tell them who to vote for."

A federal judge for the US District Court for the Western District of Michigan on Feb. 11 ruled that Wal-Mart did not wrongly fire an employee who had been using medical marijuana to treat a brain tumor. In dismissing plaintiff Joseph Casias' lawsuit, Judge Robert Jonker determined that the Michigan Medical Marijuana Act (MMMA) is in place to protect licensed medical marijuana users, but employers are not prohibited from adopting policies that ban marijuana use regardless of cause. Casias was administered a drug test per Wal-Mart policy, tested positive, and was subsequently notified of the termination of his at-will employment. (Jurist, Feb. 12)