Global Ganja Report

In an unprecedented 219-189 floor vote late May 29, the House of Representatives approved the end of funding for Department of Justice (DoJ) enforcement in medical marijuana states. Advocates are hailing the vote as a major victory that signals a shift in the approach Congress is taking on this issue. The vote was on Amendment No. 25 to the Commerce, Justice & Science (CJS) appropriations bill. One hundred seventy Democrats and 49 Republicans voted in favor of the amendment. "This Congressional vote is a huge victory for patients," said Steph Sherer, executive director of Americans for Safe Access. "No longer will we have to look over our shoulder and worry when the next raid or indictment will prevent us from safely and legally accessing our medicine. This is a game-changer that paves the way for much more policy change to come."

Gov. Mark Dayton signed a bill into law May 29 that makes Minnesota the 22nd medical marijuana state. Patient advocates celebrated the passage of SF 2470, which will protect qualified patients from arrest, prosecution and discrimination, and license two manufacturers and eight distribution centers. However, advocates voiced concern that the law prohibits smoking medical marijuana, as well as the use and possession of cannabis in herbaceous form. The bill empowers "health care practitioners" to recommend marijuana to patients with cancer, multiple sclerosis, HIV/AIDS, chronic pain, seizures, and a range of other medical conditions. However, the law limits medical marijuana use to oil that is extracted from the plant using a state-licensed manufacturing process. The law requires the state to start supplying patients with medical marijuana oil by July 1, 2015.

Cannabis cultivation is emerging as an issue in the American West's interminable conflicts over control of water. On May 20, the US Bureau of Reclamation (BuRec), which supplies irrigation districts across the western states, issued a policy memo saying its water may not be used for marijuana. BuRec staff would document "all activities and communications" regarding "known or potential uses" of its waters for cannabis cultivation—and "will report such use to the Department of Justice." Washington state's Roza Irrigation District, which supplies BuRec water to some 72,000 acres in Yakima and Benton counties, in early April issued a "precautionary message" warning cannabis growers that they could get cut off.

Missouri has some of the harshest marijuana laws in the country, but became the latest state to remove criminal penalties for simple possession arrests on May 13, when a bill passed earlier this year by the legislature became law without Governor Jay Nixon’s signature. The new law, Senate Bill 491, eliminates jail time for possession of up to 10 grams on a first offense. The new law also reduces possible sentences related to sale and cultivation, lifting the current ban on probation or parole for those with third felony offenses. However, it will not take effect until Jan. 1, 2017, and the protections against incarceration only apply to those without prior marijuana convictions. Additionally, a possession charge will remain a criminal offense, merely reduced to a Class D misdemeanor from a Class A misdemeanor. The Marijuana Policy Project is saying the new law counts as "decriminalization," but Missouri attorney and NORML board member Dan Viets, who helped draft the bill, says, "Nobody should call this decriminalization." (CelebStoner, May 16; Daily Chronic, May 15)

The Louisville Courier-Journal reports May 9 that a 250-pound shipment of hemp seed is being held up by US Customs and Border Protection at the city's airport—despite the fact the seeds had been ordered by Kentucky's state government for pilot projects that are allowed under the federal Farm Bill that Obama signed into law in February.  If the seed isn’t released and planted by July, some of the projects could be significantly limited or delayed entirely, said Holly VonLuehrte, spokesperson for Kentucky agriculture commissioner James Comer. She told the newspaper that the state Agriculture Department may go to court to have the seeds released in time for this year’s growing season.

OK, here comes the latest media blitz in the backlash against the recent gains for cannabis legalization... The Associated Press on May 6 runs a lurid story (one of several suddenly in the news), topped by a photo of a forelorn burn victim petting his dog for comfort, entitled "Hash Oil Explosions Rise With Legalized Marijuana." The incendiary lede: "The opening months of Colorado's first-in-the-nation recreational marijuana industry have seen a rise in fiery explosions and injuries as pot users try to make the drug's intoxicating oil in crude home-based laboratories. Since Jan. 1, when sales began, the state's only certified adult burn center has treated 10 people with serious injuries they suffered while making hash oil, compared with 11 in 2013 and one in 2012." Firefighters in Colorado have responded to at least 31 hash-oil explosions so far this year, compared with 11 all of last year, according to the Rocky Mountain High Intensity Drug Trafficking Area—a slightly questionable claim, given that the number of explosions and number of casualties for last year are identical. A police sargeant in the Denver suburb of Thornton, which saw its first such explosion in January, is quoted: "These today are the meth labs of the '90s."

The US Supreme Court ruled 5-4 on April 22 in Navarette v. California that a traffic stop that led to a marijuana arrest was constitutional because police had reasonable suspicion the driver was intoxicated. In 2008, California Highway Patrol officers stopped Lorenzo Prado Navarette's pickup truck on a Mendocino County road based on a 911 tip about reckless driving. The officers said they smelled marijuana when approaching the vehicle. They conducted a search and found 30 pounds of cannabis. Navarette and a passenger were arrested and charged. At trial, they moved to suppress the evidence on grounds that the search violated their Fourth Amendment rights because the officers lacked reasonable suspicion when they pulled Navarette over. But in the opinion authored by conservative Justice Clarence Thomas, the majority found that while an anonymous tip will not always lead to reasonable suspicion, in this case it did. The court found that "under appropriate circumstances, an anonymous tip can demonstrate sufficient indicia of reliability to provide reasonable suspicion to make an investigatory stop." Conservative Justice Antonin Scalia wrote a dissent that was joined by the court's liberals, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan. Conservatives John Roberts and Samuel Alito lined up with the majority, as did swing voters Stephen Breyer and Anthony Kennedy. (Sacramento Bee, This Week, Jurist, April 22)

Family members from a rural area of eastern Washington state are to go to trial next month on federal marijuana charges, despite the Obama administration's repeated claims that it does not target seriously ill patients. The federal trial of the "Kettle Falls 5" is scheduled for May 12, pending several pretrial motions which will be heard on April 22 before US District Judge Fred Van Sickle in Spokane, Wash. Because of marijuana's illegal status under federal law, patients like the "Kettle Falls 5" are typically prohibited from raising a medical necessity or state law defense in federal court..