Global Ganja Report

Deputy Attorney General James Cole, the same who authored a notorious 2011 memo asserting that federal cannabis enforcement remains a "core priority" even in states that have passed medical marijuana laws, has just issued a new memorandum seeming to clarify Justice Department reaction to the legalization measures in Colorado and Washington state. While it is written in the usual dense bureaucratese that often hides as much as it reveals, on balance it appears to represent a retreat from the hardline posture the Obama administration has assumed regarding medicinal cannabis over the past two years. The text of the Aug. 29 memo is provided by our comrades at CelebStoner:

Cannabis is a $1.65 billion industry in New York City, according to a report released Aug. 14 by comptroller and mayoral hopeful John Liu, with the potential to become a $1.7 billion industry if it were made legal in the Big Apple. The report is the first official estimate of the city's cannabis market, and the first study to consider the idea of legalization at the municipal level in the nation's biggest city.

US Attorney General Eric Holder delivered a speech Aug. 12 to the annual meeting of the American Bar Association in which he outlined a new sentencing and enforcement strategy. Holder said that the Department of Justice is "considering compassionate release for inmates facing extraordinary or compelling circumstances." Holder also spoke out against the indiscriminate use of mandatory minimum sentencing for non-violent offenders. There are currently more than two dozen federal medical marijuana patients and providers who are serving sentences for violating federal marijuana laws, despite being in compliance with the laws of their respective states.

A judge for the US District Court for the Southern District of New York ruled Aug. 12 that the New York Police Department (NYPD) stop-and-frisk policy violates the Fourth and Fourteenth Amendments. Over the past decade, the city has conducted about 5 million stop-and-frisks, with more than 80% of those targeted Black or Latino. Judge Shira Scheindlin noted: "A lot of people are being frisked or searched on suspicion of having a gun and nobody has a gun. Only 0.14 percent of stops have led to police finding guns. So the point is suspicion turns out to be wrong in most cases." Scheindlin said she was not putting an end to the policy, but would name an independent monitor to help develop reforms to the practice. She also ordered that officers test out body-worn cameras in precincts where most stops occurred. 

Reuters reports that it has reviewed documents revealing the existence of a DEA Special Operations Division (SOD) that partners with the FBI, CIA, NSA, IRS and Homeland Security to share information. The documents show that agents are trained to "recreate" the investigative trail to cover up where the information originated—a nod to the supposed firewall between national security and law enforcement investigations. The SOD, launched in 1994 to combat Latin American cartels, has grown from several dozen employees to several hundred. (Reuters, Aug. 5)

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.