Global Ganja Report

US District Judge Kimberly Mueller in Sacramento—who made history by granting the first extended hearings in federal court on the question of cannabis' continued listing under Schedule I of the Controlled Substances Act—on April 15 closed the hearings by ruling that the plant's Schedule I status is constitutional. "At some point in time," said Judge Mueller in issuing her decision in US v. Schweder et al, "a court may decide this status to be unconstitutional. But this is not the court and not the time." The Obama appointee decided to rule on the merits of the case, disregarding the insistence of federal prosecutors that she dismiss the motion for lack of standing by the defendants. For her standard of review, she applied the "rational basis test" to the defendants' challenge to cannabis' Schedule I status under the Equal Protection Clause. Under that standard, said Judge Mueller, "the statute passes muster. The questions raised by the defense are for Congress to resolve." Defendants say they will appeal to the Ninth Circuit. (The Leaf Online, Courthouse News Service, April 15)

Following the passage of cannabis legalization measures in Oregon, Alaska and the District of Columbia on election day, the chief of the UN Office on Drugs and Crime (UNODC) on Nov. 12 issued his requisite scolding. UNODC executive director Yury Fedotov told reporters, "I don't see how [the new laws] can be compatible with existing conventions." He added that he plans to address the issue with the US State Department and other UN agencies. He admitted that the legalization measures are part of a global trend that the UNODC is monitoring. (Jurist, Reuters, Nov. 12)

Over the past generation, an informal alliance of activists, cultivators, entrepreneurs and medical professionals has struggled to redefine how the United States views the cannabis plant. Victories at state and municipal levels have created a new field of medicinal treatment for a wide variety of ailments in California and other mostly western states. Medical marijuana marks the starkest point in the divide between an industrial model of healthcare and a millennia-long tradition of herbal self-treatment—because nowhere else has the federal government been so intransigent.

For those who have been wondering what the truth is behind the media sensationalism about global cartels establishing Africa as their new theater of operations, Africa and the War on Drugs  by Neil Carrier and Gernot Klantschnig (Zed Books, London, 2012) clears the air in a welcome way.

The authors, a pair of British academics, portray a strategy by the UN Office on Drugs and Crime (UNODC) to hype the threat and replicate the hardline policies pursued in Latin America and elsewhere on the African continent. Drug trafficking has definitely been growing in Africa in recent years—ironically, the authors argue, as a result of "successes" in Latin America. As the old cartels and their smuggling routes were broken up, new more fragmented networks have sought new routes and markets. This conveniently coincided with South Africa's reintegration to the world economy after the end of apartheid, and more generally with Africa's globalization.

Total area planted with coca in Bolivia dropped by up to 13% last year, according to separate reports by the UN Office on Drugs and Crime and the White House Office of National Drug Control Policy. Bolivia stepped up efforts to eradicate unauthorized coca plantings, and reported an increase in seizures of cocaine and cocaine base—even as the Evo Morales government expanded areas where coca can be grown legally. "It's fascinating to look at a country that kicked out the United States ambassador and the DEA, and the expectation on the part of the United States is that drug war efforts would fall apart," Kathryn Ledebur, director of the Andean Information Network, told the New York Times. Instead, she said, Bolivia's approach is "showing results." 

The government of Bolivia formally notified the UN Secretary General of its withdrawal from the 1961 Single Convention on Narcotic Drugs on June 30. The withdrawal will enter into effect on Jan. 1, 2012. At that time, Bolivia will re-accede to the Convention with a reservation on the coca leaf and its traditional uses. Bolivia's step—the first of its kind in the history of the UN drug control treaties—comes after the rejection earlier this year of its proposal to delete the Single Convention's Article 49 obligation that "coca leaf chewing must be abolished." A number of countries, including the United States, objected.

On Jan. 26, coca growers and their supporters gathered in cities across Bolivia to hold peaceful demonstrations in support of their government's proposed amendment to the 1961 UN Single Convention on Narcotic Drugs. The amendment seeks to decriminalize the traditional practice of coca leaf chewing. Coca growers' federations from the Chapare region gathered in Cochabamba's main plaza to collectively chew coca, distribute information, offer free samples of coca leaves, and show their solidarity with the Bolivian government's legalization proposal. (Andean Information Network, Jan. 26)

The Marijuana Policy Project (MPP) March 9 denounced efforts by the UN International Narcotic Control Board (INCB) as it met in Vienna to meddle in United States marijuana law reform efforts. In a recent report, the INCB said it was "deeply concerned" that 14 state medical marijuana laws are sending the "wrong message to other countries."