Global Ganja Report

The results of the Nov. 8 elections really indicate the schizophrenic nature of American political culture at this moment. Amid the fear and loathing over the election of the fascistic Donald Trump as president, big gains were registered for cannabis freedom. Voters in California approved Proposition 64, legalizing  up to an ounce for those 21 and older, and allowing individuals to grow up to six plants. The measure also permits retail sales and imposes a 15% tax. Similar measures passed in Massachusetts, Maine and Nevada, bringing the percentage of Americans living in states where cannabis is legal for adults up from five to 20 percent. Only Arizona's Proposition 205 was rejected by the voters.

A mass shut-down of cannabis dispensaries in Big Sky Country is feared after a Feb. 25 ruling of the Montana Supreme Court. In a 6-1 decision, the high court upheld provisions of the state's restrictive medical marijuana law passed in 2011, finding them a "rational response" of the dramatic increase in users. The provisions limit providers to no more than three patients each, and impose other restrictions, incuding a ban on advertising. In one victory for the state's burgeoning cannabis industry, a provision that banned providers from receiving compensation was struck down. But the ruling was harshly assailed by the Montana Cannabis Industry Association, which brought the legal challenge. 

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.

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.

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.

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.

The Montana Supreme Court ruled Sept. 11 that there is no fundamental right to cultivation, distribution or use of medical marijuana. Plaintiffs in the case sought to block enactment of a 2011 law, SB 423, a more restrictive measure that repealed an earlier law permitting the use of  medical  marijuana in the Big Sky state. Plaintiffs asserted that the new law violates rights of employment, health and privacy guaranteed by Montana's constitution. But the justices did not agree, with Justice Michael Wheat writing: "In pursuing one's own health, an individual has a fundamental right to obtain and reject medical treatment... But, this right does not extend to give a patient a fundamental right to use any drug, regardless of its legality." 

Richard Flor, a Montana medical marijuana patient and caregiver who was sentenced in April to five years in federal prison on charges of maintaining a drug-related premises, died in federal custody Aug. 29. Flor, who suffered from a lengthy list of serious medical conditions, died in a hospital in Las Vegas, Nev., a day after suffering two heart attacks while in transit to an unknown Bureau of Prisons medical facility, according to his attorney, Brad Arndorfer of Billings. At Flor’s sentencing, US District Judge Charles Lovell recommended that he "be designated for incarceration at a federal medical center” where Flor’s “numerous physical and mental diseases and conditions can be evaluated and treated."