Global Ganja Report

A coalition of advocacy groups and patients filed suit in the DC Circuit Court on May 23 to compel the Obama administration to answer a nine-year-old petition to reclassify medical marijuana. The Coalition for Rescheduling Cannabis (CRC) has never received an answer to its 2002 petition, despite a formal recommendation in 2006 from the Department of Health and Human Services (HHS) to the Drug Enforcement Administration (DEA), the final arbiter in the rescheduling process.

Former state troopers in the Oregon legislature have revived a bill that would make it harder for people to qualify for a medical marijuana card and tighten controls on the those growing it. The Omnibus Cannabis bill, or House Bill 3664, got a hearing last week in the House Rules Committee at Salem. Under the bill, cannabis caregivers must be over 21 years of age, and must submit to a national background check each time they re-apply for a permit.

The US Supreme Court ruled on May 23 to uphold an order requiring California to release up to 46,000 prisoners to remedy overcrowding in the state's prisons. The ruling in Brown v. Plata calls on California to reduce its prison population from more than 200% of design capacity to 137.5% of capacity within two years. The 5-4 decision written by Justice Anthony Kennedy finds that the extreme overcrowding of the California prison system is causing inmates to receive inadequate medical care in violation of the Eighth Amendment.

California's Fresno County has banned outdoor medical marijuana growing following the case of Phayvanh Dydouanghphan, who shot to death an intruder who tried to steal his crop. Dydouangphan, a licensed medical grower, was sentenced to life in prison for the crime, AP informs us May 16. County Judge Arlan Harrell, imposing the sentence, said that Dydouangphan "apparently valued his pot more than human life," in AP's paraphrase. A story from Sept. 8 of last year on Fresno's KFSN provides more details on the case:

On May 10, two Montana medical cannabis providers—Montana Caregivers Association and MCM Caregivers—filed suit against the federal Department of Justice, Attorney General Eric Holder, and the US Attorney for Montana Michael Cotter in US District Court in Missoula. At issue are the federal raids that occurred across the state in March. The plaintiffs say the feds both violated their constitutional rights in the raids, and attempted to improperly abrogate Montana's medical marijuana law. "The federal government has made clear its intent to threaten and eventually eliminate any business or enterprise related to the medical use of marijuana," they charged in a prepared statement. (420 Times, AP, May 12)

Delaware became the 16th state to approve cannabis for medical use May 13 as a Senate Bill 17 was signed into law by Democratic Gov. Jack Markell. The state senate passed the measure two days earler by 17-4. The new law allows patients who certify a serious medical condition such as cancer to possess up to six ounces, or 170 grams. State-licensed centers will be able to grow the cannabis and dispense it to patients 18 and older. (Reuters, 420 Times, May 13)

The Cancare Collective in North Hollywood, one of seven targeted for closure by the city of Los Angeles, shut down May 11 rather than wage a costly legal fight. The city charges the seven dispensaries with zoning code violations. The decision to close came after a judge issued an injunction barring the dispensary from operating in North Hollywood or any other location. City lawsuits to close dispensaries on grounds they were violating California law by selling cannabis have been successful, but municipal authorities say the new zoning violation suits move through the courts more quickly. (AP, May 12)

An investigation by WNYC Radio into the New York Police Department's often illegal and racially discriminatory wave of arrests for misdemeanor cannabis possession finds that the police exploit citizens' ignorance of their rights. Out of the more than 50,000 arrests for possession in New York City last year, almost no one challenged the legality of the manner they were searched. And when the cases were thrown out—as many as 10 to 15 times every day in the Bronx alone—it was usually because police accidentally admitted they violated the rights of the person they searched.