Global Ganja Report

The Supreme Court heard arguments Feb. 28 in DePierre v. United States, on whether the term "cocaine base" in the Federal Sentencing Guidelines is limited to "crack" or includes all forms of cocaine chemically classified as a base. The US First Circuit Court of Appeals in Boston ruled that "cocaine base" refers to "all forms of cocaine base, including, but not limited to crack cocaine." Counsel for the petitioner argue that Congress did not intend "cocaine base" to refer to substances used in the crack-production process.

Dubbed the "Wal-Mart of Weed," the 10,000-square-foot weGrow store, set to open this weekend at 1537 Fulton Ave. in Sacramento, is the first franchise for a company that calls itself a supply and training destination for legal cannabis cultivators. The enterprise started in Oakland last year as a warehouse store called iGrow. Now the Oakland location is being reorganized as a distribution hub for a network of retail hydroponics outlets. The Sacramento store—billed as "the first honest hydro store"—is to be followed by weGrow stores in Arizona, Colorado, New Jersey and Oregon in coming months.

The lower house of Montana's legislature on Feb. 21 voted up the repeal of the state's medical cannabis law. The repeal bill now goes to the senate. The Senate Judiciary Committee is planning to work on a new bill to put in place a licensing and regulatory system for the medical cannabis industry, paid for by new licensing fees.

Oakland's Harborside Health Center, the self-proclaimed world's largest cannabis dispensary—handling an annual $22 million in transactions—is being audited by the US Internal Revenue Service. Since late last year, the IRS has been auditing 2008 and 2009 federal tax returns for the Oakland location, one of two outlets Harborside operates for 70,000 medical cannabis users. The other facility is in San Jose.

More people were arrested last year in New York City for cannabis possession than in the entire 19-year period from 1978 to 1996, according to an analysis released Feb. 11 by the Drug Policy Alliance (DPA), drawing on figures from the New York State Division of Criminal Justice Services. In 2010—the sixth year in a row that possession arrests increased—50,383 were busted for low-level cannabis offenses.

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)

Oakland City Attorney John Russo has withdrawn his legal counsel from plans to tax and license large-scale cannabis farms, and told the City Council to hire their own attorney.

The city's original cannabis cultivation ordinance set no limits on the size of the cultivation facilities, which would operate as stand-alone businesses separate from dispensaries. The council had hoped to start licensing the farms as early as last month, but suspended action on the licenses in December so the ordinance could be revised to more closely comply with state law.

In the past seven months, cannabis dispensaries have sprouted across Washington state, exploiting a loophole in the state's medical marijuana law that neither explicitly allows nor prohibits them. State tax officials estimate at least 120 are open, mostly in the Puget Sound area. Dozens more likely remain underground. Under pressure from all sides to "clear the haze," the Legislature is considering a bill, SB 5073, that would legalize, regulate and tax dispensaries and create the state's first authorized commercial cannabis farms. (Seattle Times, Jan. 29)