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)

The city of Chicago on April 14 proposed a $5.5 million reparations fund for dozens of torture victims connected to former police Commander Jon Burge and his so-called "midnight crew of rogue detectives," the Chicago Tribune reports. The proposal, negotiated with a plaintiff's attorney and supported by Mayor Rahm Emanuel, would offer free city college tuition for victims and their families, free psychological counseling, and other such assistance to more than 50 potential victims. The city would also issue a formal apology, create a permanent memorial recognizing the victims and ensure that the new generation of students in Chicago public schools is taught about the Burge case. Other inmates who assert their confessions were extracted through torture continue to fight to overturn convictions and win their freedom. The scandal has already cost tax-payers some $100 million in lawsuit settlements, judgments and other legal costs.

When Brooklyn neighborhood website CrownHeights.info reported on April 1 that a kosher grocery store in the Jewish enclave had received in the mail 10 bags of cannabis hidden in vacuum-sealed plastic containers of peanut butter—well, we thought it was an April Fool joke. But the source was the previous day's New York Post, and it looks pretty legit. The grocery, Kahan's Superette on Kingston Ave., apparently reported the find to the police. "Wrong delivery address results in the seizure of 10 large bags of marijuana wrapped in peanut butter," the 71st Precinct tweeted, along with a photo of the gooey mess. "I have no idea where it came from. It was just dropped off," a worker at the store told the Post. The store sells such fare as kosher chicken, bagels, cream cheese and fresh salmon, according to its Facebook page. Nobody seems to have asked if Kahan’s had ordered a shipment of peanut butter—maybe to make peanut butter macaroons for the upcoming Passover holiday.

March 28 saw more angry protests in Mexico's conflicted southern state of Guerrero, as students from the rural college of Ayotzinapa clashed with police in the state capital Chilpancingo at a march demanding the return alive of the 43 abducted students from the school. Cars were set on fire as police attacked the marchers. The 43 students disappeared during protests in the Guerrero town of Iguala last September, and are now believed to have been turned over a murderous narco-gang by corrupt police. The weekend before the  Chilpancingo demonstration, family members of some of the 43 missing students held a vigil in New York City's Union Square—one stop on a tour of US cities to raise awareness on their plight and protest Washington's "Drug War" aid to Mexico's brutal and corrupt police forces. Felipe de la Cruz, a spokesperson for the Ayotzinapa families, told the crowd in Union Square: "Here, from the heart of imperialism, we are not going to permit this case to be closed." The group's most recent stop, on March 29, was Minneapolis, where they held a public forum at the city's Church of the Ascension. (Siglo de Torreon, TeleSUR, Star-Tribune, March 29; La Jornada, March 22)

This week, the New York City Council called for the state of New York to pass legislation to tax and regulate cannabis, as well as to close loopholes in the state's decriminalization law that allow arrests for small quantitites to continue. As part of its State Budget and Legislative Agenda for the 2015-2016 legislative session, the Council urged the state legislature to pass both the Marijuana Regulation and Tax Act (MRTA) and the Fairness and Equity Act. Council Speaker Melissa Mark-Viverito announced her support for cannabis legalization in November, but this marks the first time that the issue has been part of the Council's official legislative agenda.

A bipartisan group of US Senators on March 10 announced legislation to end the federal ban on medical marijuana. The Compassionate Access, Research Expansion and Respect States (CARERS) Act is sponsored by senators Kirsten Gillibrand (D-NY) Rand Paul (R-KY) and Cory Booker (D-NJ). If passed, the bill would end the federal restriction on medical marijuana and allow for several comprehensive reforms, including: permission for limited interstate transport, an expansion of access to cannabis for research purposes, and reclassification of marijuana from Schedule I to II. Medical marijuana, and the right of states to determine how to regulate it, has found bipartisan support in both the House and Senate. (Jurist, March 10)

Virginia Gov. Terry McAuliffe on Feb. 26 signed a legislative measure (HB 1445) permitting use of cannabis oils for patients suffering from severe forms of epilepsy. The bill permits the use of cannabidiol (CBD) and tetrahydrocannabinol acid (THC-A) oils, providing an affirmative defense to charges of possession for those suffering from intractable epilepsy, as long as they have first obtained written permission from a doctor to use the oils. The bill does not permit the cultivation of cannabis plants or establishment of dispensaries, leaving questions as to how patients may obtain the cannabis derivatives. McAuliffe did say he is open to a wider medical marijuana program in the state. (Jurist, Feb. 28; Martinsville Daily, Feb. 27).

Chicago is abuzz with explosive claims in The Guardian Feb. 24 that police in the Windy City operate a CIA-style "black site" where arrestees are held incommunicado, subject to harsh interrogations without being formally booked—and therefore with no paper trail, and no means for attorneys or kin to determine their whereabouts. The facility, in a nondescript West Side warehouse known as Homan Square, has long been the scene of "secretive work by special police units," The Guardian writes, where beatings and abuse can be carried out with impunity. Detainees are held there up to 24 hours before being sent to a precinct to be formally processed. Kids as young as 15 have been held at Honan Square, and at least one man was found unresponsive in an "interview room" at the facility and later pronounced dead, according to a February 2013 Chicago Tribune story cited by The Guardian.