Global Ganja Report

In a 4-to-1 decision on Nov. 4, the Criminal Chamber of Mexico's Supreme Court of Justice ruled that the prohibition of consumption and cultivation of cannabis for personal use is unconstitutional, voiding five articles of the country's principal narcotics statute, the General Health Law. The court found that prohibition of cannabis consumption—or of cultivation for non-commercial purposes—violates the right to "free development of the personality," enshrined in Aricle 19 of the Mexican Constitution. The landmark decision only applies to the actual plaintiffs who challenged the prohibition provisions of the General Health Law, but loans weight to legalization proposals being prepared in Mexico's Congress. "They're noting this case and using it in their favor to present a law that will be in agreement and will protect people's rights," Moy Schwartzman, attorney for the plaintiffs, was quoted by AP.

Cheers broke out in the public gallery July 7 as Chile's lower-house Chamber of Deputies voted 68-to-39 with five abstentions to decriminalize cannabis—including a provision for cultivation. The reform of the country's anti-drug statute, Law 20.000, would "depenalize" the possession of up to 10 grams (0.35 ounce) and the growing of up to six plants. The bill makes reference to recreational, medical and spiritual use of the herb. To become law, it still has to be studied by a health committee before the Chamber of Deputies votes again on each specific provision. It will next pass to the senate, and then to the desk of President Michelle Bachelet, who is expected to approve it.

The new "Citizen Safety Law" that took effect in Spain on July 1 is notoriously draconian, making it illegal to march on public buildings, and imposing prohibitive fines for holding any protest without a permit. It also raises the minimum penalty for public cannabis use or possession from 300 to 600 euros, with the maximum penalty set at a whopping 30,000 euros for "grave infractions." But even this is something of a victory, as conservatives had been pressing to raise the minimum to 1,000 euros. And there may be a more surprising bright side.

Delaware's Gov. Jack Markell on June 18 signed into law House Bill 39, decriminalizing possession and use of personal quantities of cannabis. The bill, which was approved by the state senate earlier that day, eliminates criminal penalties for possession of up to one ounce. Police may still confiscate the cannabis, however. The penalty for public use is reduced to a $100 civil fine. Selling will remain a criminal offense. Prior to the new legislation, simple possession was a misdemeanor with penalties of up to six months in prison and as a $1,150 fine. A statement from the governor's office on the new law said: "The governor remains committed to reducing the number of people entering the criminal justice system and refocusing resources where they are needed most and House Bill 39 supports these efforts." The law will take effect in six months. (Jurist, June 20)

Back in March, Connecticut's Supreme Court, the state's highest, ruled that those convicted of past cannabis possession misdemeanors can have the charges erased from their records because the state decriminalized the herb in 2011. The  unanimous ruling came in the case of Nicholas Menditto, who will now have his 2009 possession conviction expunged from his record. (The Joint Blog, March 17; AP, March 16) Last week, reporter Jon Campbell wrote in New York's Village Voice that activists in the Empire State are hoping for a similar outcome. New York was one of the first states to decriminalize, way back in '77, and the cut-off point for an infraction rather than a misdemeanor is a full ounce (as opposed to a half-ounce under the Connecticut law). But New York pot arrests have ironically continued at the highest rate in the country—especially in the Big Apple, under the aggressive policing since the '90s. The loophole that cops used? Cannabis in public view remains illegal—and suspects are basically forced into pulling out their stashes when stopped by cops and ordered to empty their pockets.

This week, the New York City Council called for the state of New York to pass legislation to tax and regulate cannabis, as well as to close loopholes in the state's decriminalization law that allow arrests for small quantitites to continue. As part of its State Budget and Legislative Agenda for the 2015-2016 legislative session, the Council urged the state legislature to pass both the Marijuana Regulation and Tax Act (MRTA) and the Fairness and Equity Act. Council Speaker Melissa Mark-Viverito announced her support for cannabis legalization in November, but this marks the first time that the issue has been part of the Council's official legislative agenda.

Virginia Gov. Terry McAuliffe on Feb. 26 signed a legislative measure (HB 1445) permitting use of cannabis oils for patients suffering from severe forms of epilepsy. The bill permits the use of cannabidiol (CBD) and tetrahydrocannabinol acid (THC-A) oils, providing an affirmative defense to charges of possession for those suffering from intractable epilepsy, as long as they have first obtained written permission from a doctor to use the oils. The bill does not permit the cultivation of cannabis plants or establishment of dispensaries, leaving questions as to how patients may obtain the cannabis derivatives. McAuliffe did say he is open to a wider medical marijuana program in the state. (Jurist, Feb. 28; Martinsville Daily, Feb. 27).

The Jamaican cabinet on Jan. 19 approved a bill to decriminalize possession of personal quantities of ganja (as the stuff is endearingly called in Jamaica's legal code). Beyond that, the bill would establish a Cannabis Licensing Authority to oversee cultivation, sale and distribution for medical, spiritual and industrial purposes. Possession of two ounces or less would be a ticketable infraction, leaving no criminal record. While public use would remain banned, the law would establish both a medicinal and religious defense, as well as permiting licensed cultivation of industrial hemp. The bill, officially the Dangerous Drugs (Amendment) Act of 2015, now goes to the Senate for approval. Justice Minister Mark Golding expressed his optimism that the Lower House will move to pass the proposed statute following approval by the Senate.