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.

Oregon's Secretary of State on July 13 announced that Measure 80, the Oregon Cannabis Tax Act, received 88,887 valid signatures—just over the 87,213 needed to qualify for the general election ballot. Oregon now becomes the third state, following Washington and Colorado, to place measures on the ballot this year to legalize cannabis.

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.  

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)

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.

Colombia's Constitutional Court on June 28 approved a measure to decriminalize possession of personal quantities of cocaine and cannabis. Those caught with less than 22 grams of cannabis or one gram of cocaine for personal use may receive mandated treatment depending on their level of intoxication, but may not be prosecuted or detained, the court ruled.