Global Ganja Report

The 9th US Circuit Court of Appeals in San Francisco on Aug. 20 rejected the city of Oakland's intervention in the US Justice Department's effort to shut the Harborside Health Center, finding that the legal move steps on the federal government's powers. In a unanimous three-judge ruling, the court acknowledged that Oakland had a right to sue, but said its arguments would undermine federal drug enforcement powers. The 9th Circuit was reviewing a 2013 lower court ruling tossing out Oakland's suit. The suit argued that a federal shut-down of one of four city-approved dispensaries would harm Oakland's interests and override California's 1996 medical marijuana law.

Israeli newspaper Haaretz on Aug. 15 featured an interview with the "King of Israel's Medical Marijuana Industry," Aharon Lutzky—who rose to this position by chance. The fateful moment came when his son was injured in an industrial accident in the cotton gin at Kibbutz  Gvat, the agricultural collective in Israel's north where he was then living with his family. As part of his rehabilitation process, Lutzky's son began volunteering for the company Tikun Olam—Israel's largest producer of medical marijuana. Tikun Olam eventually asked the elder Lutzky to help by giving them business advice. Lutzky so impressed the owners that they offered him the position of CEO, which he still holds today. The profile provides a fascinating look at the evolution of Israel's ground-breaking medical marijuana program.

The Slog blog makes note of a new report from anthropologists at Washington State University which appeared in the American Journal of Human Biology, entitled: "High prevalence of cannabis use among Aka foragers of the Congo Basin and its possible relationship to helminthiasis." The research found that roughly 95% of Aka men smoke tobacco (compared to 17% in Black Africa and 31% globally) and 68% smoke cannabis—both of which are correlated with lower rates of helminths, or parasitic worms. The Aka didn't tell researchers they smoke to prevent helminths, but to "increase their courage on a hunt, dance better, increase their vital force, or to increase their work capacity when working for Europeans or village people." They say cannabis is especially helpful when hunting elephants, and that women prefer husbands who smoke—which could account for the especially high rates of male smoking. But the researchers surmised that plant toxins in cannabis and tobacco alike serve to protect the Aka from parasites, and they are unconsciously self-medicating with the herb.

Tribal authorities in Northern California are reacting angrily to a July 8 raid on two cannabis grows in Modoc County. The operations were owned by the Alturas Indian Rancheria and the Pit River Tribe, on tribal lands . Leaders of Alturas Rancheria released a statement July 15, saying they had tried several times to reach out to the US Attorney's Office as they launched their Medical Marijuana Program, which they asserted complied with state law. The statement also said the tribe coordinated with local agencies. "The Tribe laid everything out for the local authorities to consider," said tribal chairman Phillip Del Rosa. "We told local officials that 'if some aspect of the project concerns you, let us know and we will work with you to address your concerns.'"

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 Colorado Supreme Court on June 15 unanimously upheld a lower court decision that employers' "zero tolerance" drug policies are not pre-empted by the state's medical marijuana law. The court held that an employee can legally be fired for consuming cannabis off-duty, finding that the state's  statute on "lawful off-duty activitie"s implies that "lawful" is intended to protect only those activities permissible under both state and federal law. The opinion emphasizes that "employees who engage in an activity, such as medical marijuana use, that is permitted by state law but unlawful under federal law are not protected by the statute." Colorado law permits employers to implement drug policies of their choosing, with many opting to drop THC from pre-employment drug screening.

Israel has been a global leader in medical marijuana, but the country's state-run program is now meeting a backlash amid concerns that it is serving as a cover for recreational use. Israeli news site YNet on June 15 reports that the new director of Ichilov Hospital at Tel Aviv's Sourasky Medical Center, former Health Ministry director general Ronni Gamzu, has sent out a memo to his staff instructing that cannabis prescriptions be given only to patients with terminal cancer, and only with approval of the hospital's Oncology Ward. Gamzu's memo also instructs doctors to consider revoking the permits of patients who come to the hospital's pain clinic with cannabis prescriptions.

In a unanimous decision, a seven-justice bench of the Supreme Court of Canada ruled June 11 that the ban on edibles in the government's medical marijuana program is constitutionally flawed and breaches patients' rights. "Inhaling marihuana can present health risks and is less effective for some conditions than administration of cannabis derivative," the court found. The case stemmed fron the December 2009 bust of Owen Smith, then a baker for the Victoria Cannabis Buyers Club, who was arrested at his apartment with 200-plus cookies, a supply of cannabis-infused cooking oils, and some dried herb. He was charged under the Controlled Drugs and Substances Act with trafficking tetrahydrocannabinol (THC). In 2012, British Columbia Supreme Court Judge Robert Johnston acquitted Smith after ruling that the medical marijuana regulations were constitutionally flawed because they restricted patients' therapeutic use of cannabis. Canada's Supreme Court has now affirmed the acquittal. "I think across the country there will be a lot more smiles and a lot less pain," said Smith upon the news. (Vancouver Sun, Canadian Press, June 11)