Global Ganja Report

With political and legal space opening for cannabis in state after state, a backlash is manifesting in the idea of caps on the potency—whether of bud, extracts or edibles. Voices from the industry and activist community see this as a throwback to the days of Reefer Madness.

A federal raid on a Pueblo Indian reservation in New Mexico again brings into focus the contested jurisdictional status of Native American nations where cannabis is concerned. More tribes are asserting their right to cultivation as a matter of sovereignty—despite federal intransigence.

South Dakota was one of four states that voted to legalize cannabis in November 2020. But now the state's supreme court has barred the amendment from taking effect, after a challenge brought with the support of the Republican governor—and based on narrow legalisms.

The original peoples of what is now the United States were left in legal limbo in the wake of the 2018 Farm Bill, which made hemp cultivation again lawful. Federally recognized Native American tribes could not cultivate under state regulation, because the states have limited jurisdiction on their reservations. But the US Agriculture Department dragged its heels in issuing federal regs that could apply on these lands. Caught between two sovereigns, many farmers in Indian country are asserting their right to cultivate hemp under the un-extinguished sovereignty of their own Native nations.

Voters in Arizona, Mississippi, Montana, New Jersey, Oregon and South Dakota passed statewide ballot measures favoring medical marijuana, adult-use cannabis legalization or hemp cultivation in the Nov. 3 elections.

Hemp and hemp-derived CBD were officially legalized under the 2018 Farm Bill, but the US Department of Agriculture has failed to bring its regulations into conformity with the new federal law—until now. Interim regs have just been issued by the USDA, with a 60-day public comment period to follow—meaning a final rule will likely be in place in time for next year's planting season.

There has been significant progress toward cannabis legalization in the United States and globally over the past years, but pockets persist of the most repressive and reactionary prohibition. What are the prospects for expanding cannabis freedom in the coming year?

A Native American tribe in South Dakota is taking the US Department of Agriculture to court to demand its right to cultivate low-THC cannabis—and to force the agency to live up to its regulatory responsibilities under the 2018 Farm Bill.