Global Ganja Report

In a decision that may shutter most of the state's medical marijuana dispensaries, the Michigan Supreme Court ruled 4-1 Feb. 8 that the private sale of medical marijuana is illegal. The court granted an injunction enjoining the defendants' business, Compassionate Apothecary, from selling medical marijuana on the grounds that such sales constitute a public nuisance.

Ontario's high court on Feb. 1 upheld Canada's general ban on cannabis, overturning a lower court decision that found the nation's marijuana laws unconstitutional. The Court of Appeal for Ontario held that while a total ban on use of medical marijuana would be unconstitutional, serious illness does not create an automatic right to use cannabis. The Court of Appeal overruled a trial court decision that struck down parts of Canada's Marihuana Medical Access Regulations (MMAR) and Controlled Drugs and Substances Act (CDSA). The Court of Appeal ruled that the lower court erred in its finding that Canadian law made it nearly impossible for patients to obtain medicinal marijuana. The case concerned Matthew Mernagh, who was charged under the CDSA with growing his own cannabis after failure to obtain a medical exemption.

The United States Court of Appeals for the DC Circuit issued a ruling Jan. 22 in the medical marijuana reclassification case, Americans for Safe Access v. Drug Enforcement Administration. In a 2-1 decision, the Court granted standing in the case—the right to bring a claim against the federal government—but denied the legal challenge on the merits, agreeing with the government's assertion that "adequate and well-controlled studies" on the medical efficacy of marijuana do not exist.

The Cannabis Committee of the American Herbal Products Association (AHPA) issued recommendations this week to regulators of dispensaries in California, Colorado, and Massachusetts, and will make similar recommendations in other medical marijuana states over the next days. The committee, in cooperation with Americans for Safe Access (ASA), has over the past year coordinated the development of best practice protocols in several areas, including cultivation; manufacturing, packaging and labeling; laboratory practice; and distribution.

Medical marijuana patient, cultivator and former University of Montana Grizzlies quarterback Jason Washington was convicted Jan. 17 in federal court of two felonies, "conspiracy to manufacture and distribute marijuana" and "possession with intent to distribute marijuana," but was acquitted of another felony possession of a firearm in furtherance of a drug-related crime. Washington claimed to be in compliance with Montana's medical marijuana law but, as is typical with such federal cases, was denied a defense. He is facing a five-year mandatory minimum sentence, up to 40 years in prison, and more than $10 million in fines and forfeitures.

The California Supreme Court on Jan. 16 denied review of a landmark medical marijuana dispensary case. The Fourth District Court of Appeal for California issued a unanimous ruling on Oct. 24 in the case of People v. Jackson, reversing the conviction of former San Diego dispensary operator Jovan Jackson and establishing a clear defense for Jackson and other medical marijuana providers similarly prosecuted in state court. The state supreme court turned down requests to depublish the appellate court decision from the League of California Cities and an amicus brief supporting the high court's review of the case from district attorneys in Los Angeles, Sacramento and Sonoma counties, as well as the Los Angeles city attorney.

Advocates applauded the recent actions of San Diego Mayor Bob Filner in trying to put an end to the years-long crackdown on access to medical marijuana in the city. Two days after announcing at a local chapter meeting of Americans for Safe Access (ASA) that he was going to direct city authorities to stop shutting down dispensaries, Mayor Filner delivered on that promise by sending letters Jan. 9 to San Diego Police Chief William Lansdowne and Neighborhood Code Compliance Director Kelly Broughton.

The country’s leading medical marijuana advocacy group Americans for Safe Access (ASA) was awarded a permit by the District of Columbia Department of Health last week to implement its compulsory training for cultivators and distributors licensed by the District. ASA Foundation was selected to be the Medical Marijuana Certification Provider based on its longstanding experience providing such trainings across the country. The four-hour long training course, a requirement under the District's Legalization of Marijuana for Medical Treatment Amendment Act of 2010, will cover the basics of medical marijuana, including an overview of its clinical applications, safety and operational protocols, as well as participants’ rights and responsibilities under local and federal laws.