Global Ganja Report

Gov. Pat Quinn signed HB1 into law Aug. 1, making Illinois the 20th state to legalize medical marijuana. Nearly 40% of people in the US now live in states that have adopted such laws. The Illinois Compassionate Use of Medical Cannabis Pilot Program Act creates a framework to protect physicians and certain qualified medical marijuana patients from arrest and prosecution. HB1 was passed 35-21 by the Illinois House in April, and 61-57 by the Senate in May. HB1, which is scheduled to sunset in four years, was called one of the most restrictive laws in the country by its Senate sponsor Bill Haine (D-Alton). The new law is set to take effect on January 1, 2014.

Evidence of Trayvon Martin's marijuana use was allowed by the judge, but not submitted in the George Zimmerman murder trial, which wrapped up this week in Florida with a not guilty verdict. As a result, when the defense rested its case on July 11, jurors did not hear about the trace amounts of THC that were uncovered in Martin’s autopsy. The limited value of the evidence likely played a part in the defense team's decision. The THC level (around 1.5 nanograms, according to the medical examiner) almost certainly indicates that any marijuana use by Martin didn't take place on the evening that he was shot by Zimmerman and probably wasn’t even recent.

Over the past generation, an informal alliance of activists, cultivators, entrepreneurs and medical professionals has struggled to redefine how the United States views the cannabis plant. Victories at state and municipal levels have created a new field of medicinal treatment for a wide variety of ailments in California and other mostly western states. Medical marijuana marks the starkest point in the divide between an industrial model of healthcare and a millennia-long tradition of herbal self-treatment—because nowhere else has the federal government been so intransigent.

Last week, both houses of the New Hampshire legislature voted overwhelmingly to approve a bill permitting doctors to prescribe medical marijuana to many patients with chronic or terminal illnesses. Gov. Maggie Hassan (D-NH) said she would sign the bill. The New Hampshire bill is somewhat less permissive than medical marijuana laws in many other states, with compromise language that denies patients the right to grow cannabis at home, or to use it for post-traumatic stress disorder. The bill also includes restrictions aimed at ensuring that patients do not engage in "doctor shopping" in order to obtain a cannabis prescription. Doctors may only prescribe to those who have been their patients for at least 90 days, and who have already tried other treatments. (Think Progress, June 28)

US District Judge Richard Matsch in Denver on June 11 struck down a Colorado law that would have required businesses to place cannabis-related magazines behind counters. Matsch ordered a permanent injunction against Amendment 64 which would have treated cannabis-related magazines as pornographic material. The ruling comes a week after publishers and bookstores filed a lawsuit against the state.

Vermont's Gov. Peter Shumlin (D) on June 6 signed into law a bill passed by the state legislature that decriminalizes the possession of up to one ounce of cannabis or five grams of hashish.  Shumlin's signature make Vermont the 17th state to remove criminal penalties for possessing small quantities of cannabis—including all of its neighboring New England states except New Hampshire. "This change just makes common sense," Shumlin said as he signed the bill. "Our limited resources should be focused on reducing abuse and addiction of opiates like heroin and meth rather than cracking down on people for having very small amounts of marijuana." (Drug War Chronicle, June 6)

A report released by the American Civil Liberties Union (ACLU) June 4 finds a racial bias in cannabis arrest rates, with Blacks 3.7 times more likely to be arrested than whites. The report, "The War on Marijuana in Black and White," is the first of its kind, concluding that the "war" on cannabis is a failure, with billions of dollars wasted on racially biased arrests. The ACLU found that both marijuana arrestsand racial disparities in these arrests increased between 2001 and 2010—despite the fact that Black and white folk use cannabis at a similar rate. In some states, including Iowa, Minnesota and Illinois, Blacks were up to eight times as likely to be arrested. The report offers suggestions on policy and policing:

The US Supreme Court ruled 5-4 June 3 in Maryland v. King that police may collect DNA samples from individuals arrested and charged with serious crimes. The respondent in the case, Alonzo King, challenged the validity of Maryland's DNA Collection Act after state officials used a DNA sample taken after a 2009 arrest on assault charges to implicate him in a 2003 rape. In an opinion by Justice Anthony Kennedy, the majority found that the warrantless DNA collection does not violate Fourth Amendment rights. Kennedy wrote: