Global Ganja Report

In a move that raises questions over the rights and limits of tribal sovereignty, Mendocino County sheriff's deputies on Sept. 22 raided a medical marijuana grow operation on Indian land just outside Ukiah—targeting a project hailed as a new economic model for cash-strapped tribes. Some 400 outdoor plants were eradicated on lands of the Pinoleville Pomo Nation. Deputies also seized more than 100 pounds of trimmed and drying bud at a Ukiah laboratory run by the tribe where cannabis-infused honey oil was being produced.

On Sept. 11, the California state legislature approved a trio of bills to establish comprehensive regulation and licensing of medical cannabis. Assembly Bills 243 and 266 and Senate Bill 643 were all passed, and will delegate regulation of commercial medical cannabis cultivation, manufacturing, transportation, and distribution to various state agencies as well as create a state-level licensing system. Gov. Jerry Brown is widely expected to sign all three pieces of legislation. "We're glad the legislature has finally been able to move forward on regulations," said Don Duncan, California direcotr of Americans for Safe Access (ASA). "History has shown that regulation can improve community outcomes while still preserving patient access. Passing medical cannabis regulation before the state moves forward with a potential adult-use recreational system next year is extremely important for the preservation of the medical cannabis program.”

The 9th US Circuit Court of Appeals in San Francisco on Aug. 20 rejected the city of Oakland's intervention in the US Justice Department's effort to shut the Harborside Health Center, finding that the legal move steps on the federal government's powers. In a unanimous three-judge ruling, the court acknowledged that Oakland had a right to sue, but said its arguments would undermine federal drug enforcement powers. The 9th Circuit was reviewing a 2013 lower court ruling tossing out Oakland's suit. The suit argued that a federal shut-down of one of four city-approved dispensaries would harm Oakland's interests and override California's 1996 medical marijuana law.

California's Eureka Times-Standard reported July 27 that a two-week multi-agency operation eradicated some 55,000 cannabis plants on and around the Yurok Indian reservation. The Yurok Tribe carried out similar raids last year, eradicating 15,000 plants, and intends to go on doing so every summer until growers leave the area, Yurok vice-chair Susan Masten said.  "We're not going to quit until there are zero plants growing on the reservation," she told the Times-Standard. Authorities also seized 1,000 pounds of processed cannabis, made seven arrests, served 30 search warrants, discovered one butane hash oil lab, and allegedly found (unnamed) evidence indicating the possibility of Mexican cartel involvement in some of the grows. Along with tribal police, the Humboldt County Drug Task Force, California Department of Fish & Wildlife, National Guard, and California Department of Forestry participated in "Operation Yurok."

Tribal authorities in Northern California are reacting angrily to a July 8 raid on two cannabis grows in Modoc County. The operations were owned by the Alturas Indian Rancheria and the Pit River Tribe, on tribal lands . Leaders of Alturas Rancheria released a statement July 15, saying they had tried several times to reach out to the US Attorney's Office as they launched their Medical Marijuana Program, which they asserted complied with state law. The statement also said the tribe coordinated with local agencies. "The Tribe laid everything out for the local authorities to consider," said tribal chairman Phillip Del Rosa. "We told local officials that 'if some aspect of the project concerns you, let us know and we will work with you to address your concerns.'"

Few people have had a more precipitous fall from glory to villainy than Bowe Bergdahl, the US solider held captive by the Taliban in Afghanistan from June 2009 until he was released in exchange for five Guantánamo detainees in a deal brokered by President Obama in May 2014. He received a hero's welcome back in hometown Hailey, Idaho, which was festooned with yellow ribbons. Then the Republicans got their marching orders: the deal was to be portrayed as an Obama capitulation to the Taliban—and suddenly the former patriotic hero became a hot potato. In no time, Fox News' Bill O'Reilly was charging that "he may have even collaborated with the enemy." The New York Times in an editorial last year, "The Rush to Demonize Sgt. Bergdahl," noted that Republican lawmakers went so far as to delete tweets and website statements welcoming him home after the Bergdahl-bashing party line congealed. By March of this year, when the Army actually brought charges against him, right-wing NewsMax was taunting that Bergdahl is a "traitor" and "deserter" who deserves "death."

Delaware's Gov. Jack Markell on June 18 signed into law House Bill 39, decriminalizing possession and use of personal quantities of cannabis. The bill, which was approved by the state senate earlier that day, eliminates criminal penalties for possession of up to one ounce. Police may still confiscate the cannabis, however. The penalty for public use is reduced to a $100 civil fine. Selling will remain a criminal offense. Prior to the new legislation, simple possession was a misdemeanor with penalties of up to six months in prison and as a $1,150 fine. A statement from the governor's office on the new law said: "The governor remains committed to reducing the number of people entering the criminal justice system and refocusing resources where they are needed most and House Bill 39 supports these efforts." The law will take effect in six months. (Jurist, June 20)

The Colorado Supreme Court on June 15 unanimously upheld a lower court decision that employers' "zero tolerance" drug policies are not pre-empted by the state's medical marijuana law. The court held that an employee can legally be fired for consuming cannabis off-duty, finding that the state's  statute on "lawful off-duty activitie"s implies that "lawful" is intended to protect only those activities permissible under both state and federal law. The opinion emphasizes that "employees who engage in an activity, such as medical marijuana use, that is permitted by state law but unlawful under federal law are not protected by the statute." Colorado law permits employers to implement drug policies of their choosing, with many opting to drop THC from pre-employment drug screening.