Global Ganja Report

Delaware's Gov. Jack Markell on June 18 signed into law House Bill 39, decriminalizing possession and use of personal quantities of cannabis. The bill, which was approved by the state senate earlier that day, eliminates criminal penalties for possession of up to one ounce. Police may still confiscate the cannabis, however. The penalty for public use is reduced to a $100 civil fine. Selling will remain a criminal offense. Prior to the new legislation, simple possession was a misdemeanor with penalties of up to six months in prison and as a $1,150 fine. A statement from the governor's office on the new law said: "The governor remains committed to reducing the number of people entering the criminal justice system and refocusing resources where they are needed most and House Bill 39 supports these efforts." The law will take effect in six months. (Jurist, June 20)

The Colorado Supreme Court on June 15 unanimously upheld a lower court decision that employers' "zero tolerance" drug policies are not pre-empted by the state's medical marijuana law. The court held that an employee can legally be fired for consuming cannabis off-duty, finding that the state's  statute on "lawful off-duty activitie"s implies that "lawful" is intended to protect only those activities permissible under both state and federal law. The opinion emphasizes that "employees who engage in an activity, such as medical marijuana use, that is permitted by state law but unlawful under federal law are not protected by the statute." Colorado law permits employers to implement drug policies of their choosing, with many opting to drop THC from pre-employment drug screening.

We noted last year that a Seattle-based equity firm is planning to market "Marley Natural" brand cannabis in states where it is legal. Now it seems guitar god Jimi Hendrix is to be thusly immortalized. The San Diego Union-Tribune reports that Toronto-based Nutritional High International Inc announced this week that it has "entered into an exclusive licensing agreement...under which the Company may manufacture and distribute various marijuana and hemp-based edible products using the song titles and bearing the likeness of iconic guitarist Jimi Hendrix." The products in question, to be marketed under the "Edible Experiences" banner, include "Purple Haze" and "Stone Free" lines. (There's already a Purple Haze cannabis strain developed by Dutch growers, although the song was more likely about the LSD experience.) In a cute twist, the "Stone Free" line is to be a preparation infused with CBD—the cannabinoid that is thought to have medicinal value but doesn't actually get you stoned.

Legislators on Capitol Hill passed three amendments June 3 to bar the DEA and Department of Justice from undermining state marijuana laws, as part of the US House of Representatives' consideration of the Fiscal Year 2016 Commerce, Justice, and Science Appropriations bill. "There’s unprecedented support on both sides of the aisle for ending the federal war on marijuana and letting states set their own drug policies based on science, compassion, health, and human rights," said Bill Piper, director of national affairs for the Drug Policy Alliance. "The more the DEA blocks sensible reforms the more they will see their agency's power and budget come under deeper scrutiny."

Revolution News notes that the Illinois State Police have been approved by the Federal Aviation Administration to use drones—but are refusing to actually call them drones. In a statement released to Sun-Times Media Wire, the state police department admitted that it is intentionally avoiding the word "drone" because "it carries the perception of pre-programmed or automatic flight patterns and random, indiscriminate collection of images and information." The force will add "unmanned aircraft" to its list of tools for the next two years. The state police said they worked with legal professionals and the American Civil Liberties Union to minimize the privacy impact on average citizens, and needed the drones primarily for "investigation of major traffic crashes."

Puerto Rico's Gov. Alejandro García Padilla on May 3 signed an executive order calling a halt to prosecutions for medical use of marijuana on the island territory. Effective immediately, the order authorizes the Commonwealth's Health Secretary Ana Rius to permit medical use of "some or all controlled substances or components of the cannabis plant." The decree also calls on Rius to produce a report within three month "detailing the efforts made in compliance with this order, and the results obtained and the work plan to follow." Cannabis will be subject to taxation under the new plan, which is seen by most media accounts (e.g. PanAm Post) as a strategy to address the Commonwealth's urgent fiscal crisis.

Here we go again. As with Michael Brown and Trayvon Martin, conservative pundits are now exploiting the cannabis stigma to tarnish the reputation of Freddie Gray, the young African American man whose death at the hands of the Baltimore police last month led to an uprising in the city, a new national wave of #BlackLivesMatter protests, and finally charges against six officers. Daily Caller gloats in a headline: "Freddie Gray Had A Long Rap Sheet"... But take a look at the provided list of charges: "Possession of a Controlled Dangerous Substance... Possession of narcotics with intent to distribute... Possession of marijuana... Distribution of narcotics, unlawful possession of a controlled dangerous substance..." Yeah, burglary and assault are on the list as well. But Snopes, examining the veracity of the claim, quotes the Associated Press: "Court records indicate that Gray's arrests were mostly for drug possession/distribution charges and various minor crimes, many of which were not prosecuted."

Back in March, Connecticut's Supreme Court, the state's highest, ruled that those convicted of past cannabis possession misdemeanors can have the charges erased from their records because the state decriminalized the herb in 2011. The  unanimous ruling came in the case of Nicholas Menditto, who will now have his 2009 possession conviction expunged from his record. (The Joint Blog, March 17; AP, March 16) Last week, reporter Jon Campbell wrote in New York's Village Voice that activists in the Empire State are hoping for a similar outcome. New York was one of the first states to decriminalize, way back in '77, and the cut-off point for an infraction rather than a misdemeanor is a full ounce (as opposed to a half-ounce under the Connecticut law). But New York pot arrests have ironically continued at the highest rate in the country—especially in the Big Apple, under the aggressive policing since the '90s. The loophole that cops used? Cannabis in public view remains illegal—and suspects are basically forced into pulling out their stashes when stopped by cops and ordered to empty their pockets.