Global Ganja Report

Members of the Seneca Nation of Indians in western New York state voted up a referendum Nov. 3 giving tribal leaders approval to move towards setting up a medical marijuana business on their territories. The measure passed by a vote of 448-364, giving the Seneca Nation Council the power to draft laws and regulations allowing the manufacture, use and distribution of cannabis for medical purposes. "A decision on our Nation's path of action on medical cannabis is far from made," cautioned Seneca President Maurice A. John Sr. in comments to the Buffalo News. "But now, having heard from the Seneca people, our discussions and due diligence can begin in earnest."

Voters in Ohio on Nov. 3 rejected a proposal to legalize medical and recreational use of cannabis. Issue 3 would have allowed adults 21 and older to use, purchase or grow regulated quantities, and also made cannabis available for medical use in the same vote—a unique approach nationally. It would additionally have permitted retail sale of cannabis-infused products, and created a "Marijuana Control Commission" to oversee the industry. Complicating matters, the Ohio General Assembly put a competing initiative on the ballot, Issue 2, which would have blocked Issue 3 by prohibiting the granting of special rights by the state constitution. This "anti-monopoly measure" was aimed at barring Issue 3 language that would establish exclusive rights to produce cannabis for the retail market. If both had passed, a legal quagmire loomed. In the actual fact, Issue 2 was approved while Issue 3 was defeated by over 63% of voters. (Jurist, Nov. 4; WLWT, Cincinnnati, Nov. 3; NYT, Nov. 1)

Arkansas cannabis activists were evidently so eager to get a legalization measure before the voters that they shot themselves in the foot by submitting ballot language ridden with grammatical errors. Attorney General Leslie Rutledge said she was forced to reject a proposed constitutional amendment to legalize the herb after finding a number of grammar and spelling bloopers. Rutledge said that even if the folks behind the "Arkansas Cannabis Amendment" had run spell-and-grammar checks before handing in the proposal, it still wouldn't have passed muster.

DEA agents raided the reservation of  Wisconsin's Menominee Indian Tribe on Oct. 23—destroying what federal authorities say was a crop of illegal marijuana, and what tribal authorities say was a field of industrial hemp. Acting US Attorney Gregory Haanstad says agents executed a search warrant and seized about 30,000 marijuana plants weighing several thousand pounds. But tribal chairman Gary Besaw flatly contradicted this. According to Milwaukee's CBS 58, he said in a statement: "I am deeply disappointed that Obama administration has made the decision to utilize the full force of the DEA to raid our Tribe. We were attempting to grow industrial hemp for research purposes in accordance with the farm bill."

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."