Global Ganja Report

A true American freedom fighter has her day in court—and loses. This is a blow against freedom, but at least Andrea Hernandez stood up for her rights—and those of all of us. Win or lose—always worthwhile. From the BBC News, Jan. 9:

Advocates applauded the recent actions of San Diego Mayor Bob Filner in trying to put an end to the years-long crackdown on access to medical marijuana in the city. Two days after announcing at a local chapter meeting of Americans for Safe Access (ASA) that he was going to direct city authorities to stop shutting down dispensaries, Mayor Filner delivered on that promise by sending letters Jan. 9 to San Diego Police Chief William Lansdowne and Neighborhood Code Compliance Director Kelly Broughton.

The country’s leading medical marijuana advocacy group Americans for Safe Access (ASA) was awarded a permit by the District of Columbia Department of Health last week to implement its compulsory training for cultivators and distributors licensed by the District. ASA Foundation was selected to be the Medical Marijuana Certification Provider based on its longstanding experience providing such trainings across the country. The four-hour long training course, a requirement under the District's Legalization of Marijuana for Medical Treatment Amendment Act of 2010, will cover the basics of medical marijuana, including an overview of its clinical applications, safety and operational protocols, as well as participants’ rights and responsibilities under local and federal laws.

In response to public comments made against marijuana reform by former Rhode Island Rep. Patrick Kennedy, patient advocates wrote to Kennedy inviting him to attend a national conference on medical marijuana scheduled for Feb. 22-25 at the Mayflower Renaissance Hotel in Washington DC. Kennedy announced on Jan. 9 the formation of a new group, Smart Approaches to Marijuana (SAM), which claims to take a different approach than either legalization advocates or government drug warriors. However, advocates argue that SAM's supposed pro-public health approach ignores the therapeutic benefits of the cannabis plant and is simply using a new narrative to make the same arguments used by marijuana opponents for years.

On Jan. 7, Chief Federal Magistrate Maria-Elena James in San Francisco ruled in favor of Harborside Health Center, and denied motions by Harborside's landlords asking the court to order an immediate halt of medical cannabis sales at their properties in Oakland and San Jose. Judge James also declined to grant a motion from the City of Oakland to enjoin the federal government's legal efforts to close Harborside, but scheduled a hearing later this month for further arguments in Oakland's suit.

For years, police forces in the Emerald Triangle and elsewhere around backcountry California have been hyping an increasing presence in the region's forests of Mexican and Russian cannabis grow ops linked to criminal mafias and cartels based abroad. Now, refreshingly, a Los Angeles Times story of Jan. 2, "Roots of pot cultivation hard to trace," takes a dispassionate look at the question. The piece opens with a slightly lurid lead about camo-clad federal agents ready to "lock-and-load" in a stake-out on National Forest land in Kern County, fearing attack by Mexican cartel gunmen. But at the end, the piece basically tells us not to believe the hype:

The Obama administration's aggressive federal enforcement in medical marijuana states has reached a crescendo this month, with three people being sentenced, two others due to surrender to federal authorities to serve out sentences of up to five years in prison, and one federal trial in Montana currently scheduled for Jan. 14. Two of the three people being sentenced in the coming month—Montana cultivator Chris Williams and Los Angeles-area dispensary operator Aaron Sandusky—face five and ten years to life, respectively.

Police can't pull you over and arrest you just because you gave them the finger, the US Court of Appeals for the Second Circuit in New York ruled Jan. 3. In a 14-page opinion, the court found that the "ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity." John Swartz and his wife Judy Mayton-Swartz had sued two police officers who arrested Swartz in May 2006 after he flipped off an officer who was using a radar device at an intersection in St. Johnsville, NY. Swartz was charged with a violation of New York's disorderly conduct statute, although the charges were dropped on speedy trial grounds.