Global Ganja Report

US Attorney General Eric Holder delivered a speech Aug. 12 to the annual meeting of the American Bar Association in which he outlined a new sentencing and enforcement strategy. Holder said that the Department of Justice is "considering compassionate release for inmates facing extraordinary or compelling circumstances." Holder also spoke out against the indiscriminate use of mandatory minimum sentencing for non-violent offenders. There are currently more than two dozen federal medical marijuana patients and providers who are serving sentences for violating federal marijuana laws, despite being in compliance with the laws of their respective states.

As US Attorney General Eric Holder delivered a commencement speech May 11 for UC Berkeley law school graduates, a plane flew overhead with a banner that read "Holder: End Rx Cannabis War. #Peace4Patients," in protest against recent actions by the Justice Department (DoJ) in the Bay Area. Outside the Hearst Greek Theater, where Holder gave his speech, medical marijuana advocates also handed out fake DoJ recruitment flyers, detailing how the Obama Administration is engaging in harmful tactics that are adversely affecting the lives of hundreds of thousands of patients in California.

On Jan. 7, Chief Federal Magistrate Maria-Elena James in San Francisco ruled in favor of Harborside Health Center, and denied motions by Harborside's landlords asking the court to order an immediate halt of medical cannabis sales at their properties in Oakland and San Jose. Judge James also declined to grant a motion from the City of Oakland to enjoin the federal government's legal efforts to close Harborside, but scheduled a hearing later this month for further arguments in Oakland's suit.

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.

Oakland City Attorney Barbara Parker and San Francisco law firm Morrison & Foerster announced Oct. 11 that the City of Oakland has filed a complaint in US District Court to stop the federal government from seizing an Oakland building used by a medical marijuana dispensary. "This lawsuit is about protecting the rights of legitimate medical patients," Parker said in a statement. "I am deeply dismayed that the federal government would seek to deny these rights and deprive thousands of seriously ill Californians of access to safe, affordable and effective medicine." The civil suit, which has City Council approval, seeks to "restrain and declare unlawful" forfeiture proceedings against the landlords of the dispensary, Harborside Health Center, stating that Oakland will "suffer irreparable harm if the dispensaries are shuttered."

On Aug. 2, Rep. Barbara Lee (D-CA) and seven initial co-sponsors introduced HR 6335, the States' Medical Marijuana Property Rights Protection Act, in an attempt to stop the seizure of property from landlords of state law-compliant medical marijuana businesses. The introduction of HR 6335 comes less than a month after US Attorney Melinda Haag served an asset forfeiture suit against the landlord of Harborside, a dispensary in Rep. Lee's district, in Oakland. The Justice Department action was opposed by Rep. Lee, and also sparked an outcry from local and state officials, including City Council members, the Oakland city attorney, and the Board of Equalization.

As Barack Obama pressed the flesh at a fundraiser in Oakland's historic Fox Theater July 23, hundreds of medical marijuana supporters rallied nearby to oppose the Justice Department crackdown on California's dispensaries—and particularly to support the city's Harborside Health Center, now facing federal forfeiture proceedings. Speakers at the rally included many patients who said cannabis had helped them—and Stephen DeAngelo, Harborside's executive director, who called for a halt to actions against dispensaries and said the Justice Department should instead focus on the violent crime that plagues Oakland. "We are here for every medical cannabis patient around the world," DeAngelo said. Later, the cannabis advocates joined Occupy Oakland and assorted anti-war activists to block the intersection of 19th Street and Broadway. Police reported two arrests. (San Francisco Chronicle, Oakland Tribune, July 23)

A July 12 shootout between a robber and a resident of an East Oakland house led to the discovery of a suspected illegal cannabis grow—that police valued at $200,000—and the arrest of three people. The robber escaped, but those in the house were all arrested after police responded to reports of gunfire. No one was injured in the incident. Police found 249 potted cannabis plants and trash bags filled with about 20 pounds of harvested herb in a search of the house. Lighting, ventilation and power systems were recovered, as well as scales and packing materials, police said.