Global Ganja Report

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.

On June 27, Massachusetts' Department of Public Health rejected an application from Green Heart Holistic Health and Pharmaceuticals to operate a dispensary in Boston, despite giving the company initial approval. The reason stated for the denial is Steve DeAngelo's criminal record. Controversy over the Green Heart dispensary, awarded to Andrew DeAngelo, erupted when Steve's participation as the financial backer and "strategic adviser" was revealed. Since Steve wouldn't be physically working at the store, his name was not included in the application. DeAngelo pleaded guilty on Aug. 6, 2001 of possession of cannabis with intent to distribute and received a five-year suspended sentence and three years' probation.

Last week, both houses of the New Hampshire legislature voted overwhelmingly to approve a bill permitting doctors to prescribe medical marijuana to many patients with chronic or terminal illnesses. Gov. Maggie Hassan (D-NH) said she would sign the bill. The New Hampshire bill is somewhat less permissive than medical marijuana laws in many other states, with compromise language that denies patients the right to grow cannabis at home, or to use it for post-traumatic stress disorder. The bill also includes restrictions aimed at ensuring that patients do not engage in "doctor shopping" in order to obtain a cannabis prescription. Doctors may only prescribe to those who have been their patients for at least 90 days, and who have already tried other treatments. (Think Progress, June 28)

Vermont's Gov. Peter Shumlin (D) on June 6 signed into law a bill passed by the state legislature that decriminalizes the possession of up to one ounce of cannabis or five grams of hashish.  Shumlin's signature make Vermont the 17th state to remove criminal penalties for possessing small quantities of cannabis—including all of its neighboring New England states except New Hampshire. "This change just makes common sense," Shumlin said as he signed the bill. "Our limited resources should be focused on reducing abuse and addiction of opiates like heroin and meth rather than cracking down on people for having very small amounts of marijuana." (Drug War Chronicle, June 6)

In response to public comments made against marijuana reform by former Rhode Island Rep. Patrick Kennedy, patient advocates wrote to Kennedy inviting him to attend a national conference on medical marijuana scheduled for Feb. 22-25 at the Mayflower Renaissance Hotel in Washington DC. Kennedy announced on Jan. 9 the formation of a new group, Smart Approaches to Marijuana (SAM), which claims to take a different approach than either legalization advocates or government drug warriors. However, advocates argue that SAM's supposed pro-public health approach ignores the therapeutic benefits of the cannabis plant and is simply using a new narrative to make the same arguments used by marijuana opponents for years.

Well, the dust has hardly settled but the boots are at the door; they might come storming through, riling up that dust some more.

But we hope not. The boots belong to the Justice Department and the door belongs to the states of Washington and Colorado. The dust is the election that saw those two states make the biggest moves toward cannabis legalization any state has made in a long long time. No, neither law is perfect, and it is going to be a cold day in hell probably before state stores are up and running. But still, the fact that the voters got out there and said enough is enough and let's get something on legalization out there is very freaking refreshing. Ask anyone who works in any capacity to end the drug war: Wins are few and far between. It took more than 10 years of effort to rein in law enforcement's forfeiture spree; it took a lot longer than that to get New York's racist Rockefeller sentencing laws even semi-tossed. So what happened in Washington and Colorado is in the win column, though we cannot be at all sure that the feds are not going to come in and try to muck things up like they have with California's and Oregon’s medical marijuana laws.

Cannabis is set to become legal in Colorado and Washington after voters passed historic ballot initiatives on Nov. 6. In Washington voters approved Initiative 502, allowing possession and distribution of cannabis through a state licensing system of growers, processors and stores, where adults will be able to buy up to an ounce of dried cannabis; up to a pound of a cannabis-infused product, such as brownies; or up to 72 ounces of cannabis-infused liquids.. The Colorado initiative actually introduces Amendment 64 to the state constitution, allowing adults over 21 to possess up to an ounce and to privately grow up to six plants—although public use will be banned. In Oregon, the similar Cannabis Tax Act Initiative or Measure 80, failed by approximately 55-to-45% of the vote.

Speaking before a crowd on the Boston Common at the 23rd Boston Freedom Rally Sept. 15, US Rep. Barney Frank said using cannabis is an individual choice that should not be criminalized. Frank said he has "been fighting for some time for a measure that will reduce crime very substantially," and will actually "make money for the government." Frank told the crowd: "We can reduce the crime rate by stop treating people as criminals because they have made the decision to smoke marijuana personally."