Global Ganja Report

The California Supreme Court ruled May 6 in the case City of Riverside v. Inland Empire Patients Health and Wellness Center that local governments may ban the distribution of medical marijuana and are not preempted by state law by doing so. However, the court also recognized the legality of dispensaries, more than 1,000 of which currently exist and operate throughout the state. More than 50 localities in California officially regulate the distribution of medical marijuana.

"The social sharing of a small amount of marijuana" by immigrants lawfully in the US does not require their automatic deportation, the Supreme Court ruled April 23. "Sharing a small amount of marijuana for no remuneration, let alone possession with intent to do so, does not fit easily into the everyday understanding of trafficking, which ordinarily means some sort of commercial dealing," Justice Sonia Sotomayor wrote for a seven-justice majority. 

Gunfire erupted at Colorado's annual 420 Rally—the first since the state voted to legalize cannabis least year—injuring two people and scattering a crowd of thousands in Denver's Civic Center Park. A man and woman were shot in the leg, and a third grazed with a bullet. Both victims are in their 20s. They were taken to Denver Health Medical Center. Police asked attendees for possible photo or video footage of the shootings, and had no immediate motive. Witnesses described a jovial scene quickly turning to panic. Some thought firecrackers were going off, until a man fell bleeding, his dog also shot.

The number of cannabis plants eradicated by law enforcement has dropped over the past years from a record high of over 10 million plants in 2009 and 2010 to under 4 million in 2012, according to newly released statistics. DEA figures put the 2012 total at 3,933,950. DEA officials attribute the decline in part to the budget cutbacks in California, which resulted in "the decreased availability of local law enforcement personnel to assist in eradication efforts."

The Maryland Senate voted 42-4 on April 8 to pass a new medical marijuana bill— but patient advocates say that HB1101 is more symbolic than practical. HB1101, already passed by the House of Delegates, would extend the current affirmative defense for patients who are arrested and prosecuted under state law, but would provide no way for patients to obtain their medication. Agreeing with the sentiment of advocates, the nonpartisan Maryland Department of Legislative Services issued a fiscal note last month that questioned the bill's effectiveness, casting doubt on whether it will ever meet legislators' expectations.

The US Supreme Court ruled March 26 in Florida v. Jardines that an alert from a drug-sniffing dog on a suspect's front porch constitutes a search within the meaning of the Fourth Amendment. The ruling upheld the Florida Supreme Court, which held that evidence gathered pursuant to search warrant obtained based on the positive alert from the dog must be suppressed because the dog's presence itself constituted a warrantless search. The case stemmed from a 2006 incident in which Miami police and DEA agents, acting on a tip, place the home of Joelis Jardines under warrantless surveillance. Following the canine alert, a warrant was obtained, which uncovered Jardines' indoor grow operaiton.

The Maryland House of Delegates on March 25 approved a bill to legalize medical marijuana by a vote of 108-28. The bill would also create a state commission to manage medical marijuana programs at participating academic medical research centers. While the number of distribution centers to be created is uncertain, neither the University of Maryland nor Johns Hopkins University have demonstrated interest in being involved in the distribution system.

Congressman Jared Polis (D-CO) introduced legislation last month, House Resolution 499, which would effectively end the federal prohibition on marijuana and allow states to set their own policies. The Ending Marijuana Prohibition Act of 2013 would remove cannabis from the Controlled Substances Act, transfer the Drug Enforcement Administration's authority to regulate the herb to a newly renamed Bureau of Alcohol, Tobacco, Marijuana and Firearms, require commercial producers to purchase a permit, and ensure that federal law distinguishes between individuals who grow for personal use and those involved in commercial sale and distribution. (NORML Action Alert)