Global Ganja Report

Federal prosecutors pursuing drug charges against Montana medical marijuana operators want to keep jurors from hearing any evidence at trial about the state law approving such operations, or whether the defendants were complying with it. US Justice Department attorneys have made motions in at least two cases stemming from federal raids on dozens of medicinal cannabis operations this spring, asking judges to bar any testimony or evidence about medical marijuana.

Sweet Leaf Pioneer owner Dave Manzanares in Eagle, Colo., must shut down his medical marijuana dispensary Oct. 31, even if he proceeds with plans to collect signatures for a special election to keep it open in the long term. On Aug. 23, Manzanares told members of the town board that he is circulating petitions to put the question to the voters, and asked for an extension beyond the Oct. 31 deadline established by a municipal ordinance. "Our family's future is in the balance here," Manzanares said.

In Colorado, signature gatherers have already hit the streets to get the "Regulate Marijuana Like Alcohol Act" on the 2012 ballot. Despite the failure of California's Proposition 19 last year, activists think that Colorado may have a better shot of becoming the first state to legalize cannabis. "I think why it would be seen as a better investment here in Colorado is based on how things are going with medical marijuana regulations," said Mason Tvert, a  Colorado  organizer. "Also the size of the state is just smaller. Everything about California is far more expensive." (The Bay Citizen, San Francisco, Aug. 1)

Montana's Medical Marijuana Act does not allow for cannabis transactions between caregivers, Flathead County District Court Judge Stewart Stadler ruled July 21. Ruling in a civil lawsuit brought against the Flathead County Attorney, Stadler said state law limits registered caregivers to providing marijuana only to "qualifying patients." The plaintiffs were identified in court documents as the Medical Marijuana Growers Association, two anonymous couriers and three anonymous caregivers. Stadler granted the county attorney’s motion for summary judgment. (Hungry Horse News, July 26)

A former cancer patient and the husband of an elderly woman with serious health problems told a district judge in Montana June 20 of their concerns about whether they can still obtain medical cannabis if a new law takes effect July 1 to ban commercial growing operations in the state. The testimony came in the first day of hearings in a lawsuit filed by the Montana Cannabis Industry Association and others asking Judge James Reynolds to issue an injunction to stop the law from taking effect. 

The Colorado Board of Health on June 15 adopted new rules for the state's small-scale medical marijuana providers, over the objections of cannabis advocates who say the rules are too harsh. The rules require that caregivers—medical marijuana providers who by law must serve five or fewer patients—do more than just provide cannabis. They must now do something extra, such as help patients with shopping, cooking or getting to doctors' appointments. Medical marijuana advocates fear the added responsibilities will severely limit the number of caregivers, which today stands at 16,000 by official figures. (Denver Post, June 15; Sensible Colorado)

On May 10, two Montana medical cannabis providers—Montana Caregivers Association and MCM Caregivers—filed suit against the federal Department of Justice, Attorney General Eric Holder, and the US Attorney for Montana Michael Cotter in US District Court in Missoula. At issue are the federal raids that occurred across the state in March. The plaintiffs say the feds both violated their constitutional rights in the raids, and attempted to improperly abrogate Montana's medical marijuana law. "The federal government has made clear its intent to threaten and eventually eliminate any business or enterprise related to the medical use of marijuana," they charged in a prepared statement. (420 Times, AP, May 12)

The DEA conducted aggressive SWAT-style raids April 29 on three distribution facilities in Spokane, Wash., that provided medical cannabis to qualified patients. Earlier this month, numerous facilities shut down after US Attorney Michael Ormsby threatened  landlords in Spokane with seizure of their property if they continue to let their tenants provide medical cannabis. These actions come as the state is trying to pass Senate Bill 5073, which modifies its current medical marijuana law to set up a licensed distribution system.