Global Ganja Report

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.

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.

California's Fourth District Court of Appeal for California issued a unanimous ruling Oct. 24 in a landmark medical marijuana case that reverses the conviction of San Diego dispensary operator Jovan Jackson, convicted in September 2010 after being denied a defense in state court. The Fourth District ruling also reversed the lower court's finding that Jackson was not entitled to a defense, providing the elements for such a defense in future jury trials.

On July 25, the Los Angeles, the City Counted voted 14-0 to ban medical marijuana dispensaries. Each of the 762 dispensaries that have registered with the city are to be sent a letter ordering them to shut down immediately under threat of legal action. Cannabis advocates packed the council chambers and met the vote with jeers; more than a dozen LAPD officers were called in to quell them. Under the ban, medical patients and their caregivers will be able to grow and share cannabis in small groups of three or less. In a seemingly contradictory move, the council also voted to instruct city staff to draw up an ordinance that would allow a group of about 170 dispensaries that registered with the city several years ago to remain open. (LAT, July 24)

A "narcotunnel" discovered July 12 by Mexican army troops on the northeast side of Tijuana, just across the border from San Diego, included a makeshift altar honoring Jesús Malverde, Mexico's (non-Vatican-recognized) patron saint of narco-traffickers. The alter also had images of the Virgin of Guadalupe and Jesus Christ. A second narco-tunnel was found at a property also located on the northeast side of the city, where 50 tons of marijuana were seized. (EFE, July 13)

A UC San Diego student left in a federal holding cell for days without food and water has filed a $20 million lawsuit against the government. Daniel Chong, 23, was picked up in a Drug Enforcement Administration (DEA) raid April 21. After questioning him, agents told him that he would not be charged and to wait in the holding cell until they finished the paperwork to release him. He spent four days alone in the cell, apparently forgotten.

Amid a growing federal crackdown, medical marijuana advocates in San Diego County have announced plans to expand their efforts beyond the city of San Diego, proposing ballot initiatives in five other municipalities to tax and regulate storefront dispensaries. The proposals—filed in Encinitas, Del Mar, Solana Beach, Lemon Grove and La Mesa—would limit the dispensaries to commercial and industrial areas and impose a 2.5% tax on retail transactions. They also would allow municipalities to establish security measures and hours of operation and require licensing. The proposed ballot measures largely mirror one planned for the city of San Diego. All are being coordinated by Citizens for Patient Rights and the Patient Care Association, a trade organization of nonprofit dispensaries.

Rep. Bob Filner became the first mayoral candidate Feb. 28 to endorse San Diego's Compassionate Use Dispensary Regulation and Taxation initiative, which would tax and regulate medical marijuana in the city. "It just makes sense to regulate medical marijuana, otherwise, as a city, we limit our ability to conduct oversight," Filner said. "If medical marijuana is prohibited, the city misses out on valuable revenue, and patients don't have legal access or the ability to manage pain and enjoy regular activities."