Global Ganja Report

Michigan Attorney General Bill Schuette issued an opinion Nov. 10 finding that law enforcement officers are not required to return confiscated medical marijuana to a patient or caregiver—even though a state law prohibits such seizures. Schuette said the provision in the state's 2008 medical marijuana statute is pre-empted by federal law.

California's Fourth District Court of Appeal ruled Nov. 11 that state law allows cities and counties to ban cannabis dispensaries. Other courts have upheld local government authority to restrict the location of dispensaries or declare a temporary moratorium, but the new ruling, in a case from Riverside, was the first to address a citywide ban. Riverside banned dispensaries in 2009 and sought to shut down the Inland Empire Patients' Health and Wellness Center, in May 2010. A Superior Court judge ruled in the city's favor six months later, but the center has stayed open during its appeal. The appeals court ruling found that state law allows medical patients to use cannabis and form collectives to supply it, but does not exempt them from local government authority to regulate land use. (LAT, SF Chronicle, Nov. 11)

Survey data collected from members of the Berkeley Patients Group, one of California's most prominent medical marijuana collectives, indicates that most patients reduce their use of prescription medications following their initiation of cannabis therapy. The anonymous survey found that 66% of respondents said that they consumed cannabis as a prescription drug substitute. Many said they preferred cannabis because it caused fewer side effects than conventional medications.

Lawsuits were filed Nov. 4 in federal courts in Sacramento, Los Angeles and San Diego in a move to block efforts by US attorneys to crack down on medical marijuana dispensaries in California. A similar suit was filed in San Francisco days earlier. "We will ask for injunctive relief in all four districts," said PJ Johnston, a spokesman for the statewide legal effort, coordinated by American for Safe Access (ASA). "The US attorneys in each of the four districts have basically threatened landlords, cannabis cooperatives and media outlets with prosecution and property forfeiture if they don't shut down operations immediately."

Fort Collins became the largest city in Colorado to ban medical marijuana Nov. 1, as Question 300, a measure to prevent dispensaries and grow facilities from operating within city limits, passed by a margin of 53%. The ban will force 21 licensed medical marijuana businesses in Fort Collins to close within 90 days. But opponents of the ban said they are not giving up the fight, and may try to bring the issue back to voters in 2012. (Fox31, Denver, Loveland Connection, Nov. 2)

Nine Congress members on Oct. 31 issued an open letter to President Obama urging him to put a halt to new aggressive Justice Department tactics aimed at dismantling California's medical marijuana industry. "It's unconscionable...to endanger the lives of patients," the reps state in the strongly worded letter, which calls for rescheduling cannabis. It especially urges support for HR 1983, the States' Medical Marijuana Patient Protection Act, which was introduced by Rep. Barney Frank (D-MA) earlier this year.

Richard Lee, central figure in downtown Oakland's cannabis-friendly Oaksterdam enclave, does not appear intimidated by the federal government’s crackdown on medical marijuana dispensaries. Lee closed his dispensary, Coffeeshop Blue Sky, this week after US Attorney for California's Northern District Melinda Haag sent a letter to his landlord threatening criminal prosecution. But he promptly reopened it three doors down, with giant posters of cannabis buds in the windows. An employee at the door hands out fliers reading: "Thank you for your support. Together we will survive the attack. Long Live Oaksterdam." Lee told the New York Times he is not afraid of being a target. "If they do decide to prosecute me criminally," he said, "my defense is that juries cannot be punished for their verdicts."

Americans for Safe Access (ASA), the country's largest cannabis patients advocacy organization, filed suit in federal court Oct. 27 challenging the Obama administration's attempt to subvert local and state medical marijuana laws in California. ASA argues in its lawsuit that Obama's Department of Justice (DoJ) has "instituted a policy to dismantle the medical marijuana laws of the State of California and to coerce its municipalities to pass bans on medical marijuana dispensaries." The DoJ policy has involved aggressive SWAT-style raids, criminal prosecutions of medical marijuana patients and providers, and threats to local officials for merely implementing state law.