Global Ganja Report

On July 17, US Representative Sam Farr (D-CA) and 18 co-sponsors introduced HR 6134, the "Truth in Trials" Act—bipartisan legislation to allow defendants in federal criminal prosecutions the ability to use medical marijuana evidence at trial. Because of a June 2005 US Supreme Court ruling in Gonzales v. Raich, the government has the discretion to enforce federal marijuana laws even in states that have passed medical marijuana laws. The Raich ruling also allows federal prosecutors to exclude all evidence concerning medical use or state law compliance in federal trials, virtually guaranteeing the convictions of medical marijuana patients and providers.

Potent rat poisons used on large-scale cannabis grows on forest lands throughout California may be killing off a rare forest carnivore, according to a study released July 13. "This could be a game changer," said Arcata city councilman Mark Wheetley of the study prepared by UC Davis biologists documenting the deaths of fishers—reclusive members of the Mustelid family that are candidates for protection under the Endangered Species Act. "I think this whole study should serve as a wake up call for the public to understand the magnitude of the impact of what's being done to what we consider sacred, protected public lands," added Wheetley, who also works as a biologist for the California Department of Fish and Game.

A July 12 shootout between a robber and a resident of an East Oakland house led to the discovery of a suspected illegal cannabis grow—that police valued at $200,000—and the arrest of three people. The robber escaped, but those in the house were all arrested after police responded to reports of gunfire. No one was injured in the incident. Police found 249 potted cannabis plants and trash bags filled with about 20 pounds of harvested herb in a search of the house. Lighting, ventilation and power systems were recovered, as well as scales and packing materials, police said.  

California's most well-known medical marijuana dispensary, Harborside Health Center, was served with a civil complaint for "forfeiture of property" on July 9 for their locations in  both Oakland and San Jose. Employees found court papers announcing asset forfeiture proceedings against Harborside's landlords taped to the doors at the two locations the following morning. The Oakland dispensary has been fully permitted and operating since 2006 without incident. The forfeiture action is against the "third-party" property owner, Real Property and Improvements, and was filed by US Attorney Melinda Haag, who last October announced with the other US Attorneys an escalated campaign against medical marijuana dispensaries and growers.

Medical marijuana advocacy group Americans for Safe Access (ASA) filed an amicus ("friend of the court") brief July 9 in a federal appeal brought by California dispensary operator Charlie C. Lynch. Lynch's case drew a lot of attention during his 2008 trial and June 2009 sentencing under the Obama Justice Department. Though Lynch was supported by local officials and the Chamber of Commerce in Morro Bay, where his state-compliant Central Coast Compassionate Caregivers (CCCC) was located, the DEA raided and shut down CCCC in 2007 anyway. A hearing in the Lynch appeal is expected this winter.

Doug Losak, recently appointed as the acting head of Mendocino County's legal department, was pulled over early July 3 and cited for allegedly having a concealed gun and cannabis in his vehicle, according to the Sheriff's Office. Deputies stopped Losak on Highway 101 for allegedly speeding and having a faulty license plate light. The deputies smelled marijuana and searched the vehicle.

A government-sponsored study published recently in The Open Neurology Journal concludes that cannabis provides relief to some chronic pain sufferers and that more clinical trials are needed—directly challenging DEA classification of the drug under "Schedule I," that reserved for substances with no medical uses. The study, sponsored by the State of California and conducted at the University of California Center for Medicinal Cannabis Research, calls the Schedule I placement "not accurate" and "not tenable."

A June 19 raid on a Long Beach cannabis dispensary is under investigation after a video was released showing officers smashing surveillance cameras and stepping on an employee. More than a dozen police raided THC Downtown Collective on Atlantic Boulevard. The two-minute video posted to YouTube shows a man who has been identified as employee Dorian Brooks surrendering to police and being ordered to the floor. One of the officers is seen stepping on his back before placing him in handcuffs. The video, recorded at an off-site location, then cuts to an officer pointing at the camera before another looks up and smashes the lens. "They noticed there was a camera that was on the wall right above my head, so they proceeded to smash it with a metal rod," said Brooks, adding that the camera shattered on him. "I wasn't able to protect myeslf because my hands were cuffed."