Global Ganja Report

The United States Court of Appeals for the DC Circuit issued a ruling Jan. 22 in the medical marijuana reclassification case, Americans for Safe Access v. Drug Enforcement Administration. In a 2-1 decision, the Court granted standing in the case—the right to bring a claim against the federal government—but denied the legal challenge on the merits, agreeing with the government's assertion that "adequate and well-controlled studies" on the medical efficacy of marijuana do not exist.

The Cannabis Committee of the American Herbal Products Association (AHPA) issued recommendations this week to regulators of dispensaries in California, Colorado, and Massachusetts, and will make similar recommendations in other medical marijuana states over the next days. The committee, in cooperation with Americans for Safe Access (ASA), has over the past year coordinated the development of best practice protocols in several areas, including cultivation; manufacturing, packaging and labeling; laboratory practice; and distribution.

Medical marijuana patient, cultivator and former University of Montana Grizzlies quarterback Jason Washington was convicted Jan. 17 in federal court of two felonies, "conspiracy to manufacture and distribute marijuana" and "possession with intent to distribute marijuana," but was acquitted of another felony possession of a firearm in furtherance of a drug-related crime. Washington claimed to be in compliance with Montana's medical marijuana law but, as is typical with such federal cases, was denied a defense. He is facing a five-year mandatory minimum sentence, up to 40 years in prison, and more than $10 million in fines and forfeitures.

The California Supreme Court on Jan. 16 denied review of a landmark medical marijuana dispensary case. The Fourth District Court of Appeal for California issued a unanimous ruling on Oct. 24 in the case of People v. Jackson, reversing the conviction of former San Diego dispensary operator Jovan Jackson and establishing a clear defense for Jackson and other medical marijuana providers similarly prosecuted in state court. The state supreme court turned down requests to depublish the appellate court decision from the League of California Cities and an amicus brief supporting the high court's review of the case from district attorneys in Los Angeles, Sacramento and Sonoma counties, as well as the Los Angeles city attorney.

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.