Global Ganja Report

The US Supreme Court ruled 5-4 on April 22 in Navarette v. California that a traffic stop that led to a marijuana arrest was constitutional because police had reasonable suspicion the driver was intoxicated. In 2008, California Highway Patrol officers stopped Lorenzo Prado Navarette's pickup truck on a Mendocino County road based on a 911 tip about reckless driving. The officers said they smelled marijuana when approaching the vehicle. They conducted a search and found 30 pounds of cannabis. Navarette and a passenger were arrested and charged. At trial, they moved to suppress the evidence on grounds that the search violated their Fourth Amendment rights because the officers lacked reasonable suspicion when they pulled Navarette over. But in the opinion authored by conservative Justice Clarence Thomas, the majority found that while an anonymous tip will not always lead to reasonable suspicion, in this case it did. The court found that "under appropriate circumstances, an anonymous tip can demonstrate sufficient indicia of reliability to provide reasonable suspicion to make an investigatory stop." Conservative Justice Antonin Scalia wrote a dissent that was joined by the court's liberals, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan. Conservatives John Roberts and Samuel Alito lined up with the majority, as did swing voters Stephen Breyer and Anthony Kennedy. (Sacramento Bee, This Week, Jurist, April 22)

Family members from a rural area of eastern Washington state are to go to trial next month on federal marijuana charges, despite the Obama administration's repeated claims that it does not target seriously ill patients. The federal trial of the "Kettle Falls 5" is scheduled for May 12, pending several pretrial motions which will be heard on April 22 before US District Judge Fred Van Sickle in Spokane, Wash. Because of marijuana's illegal status under federal law, patients like the "Kettle Falls 5" are typically prohibited from raising a medical necessity or state law defense in federal court..

The latest boost to anti-cannabis propaganda comes in the form of California's crippling drought. The dought is no joke. For the first time in its 54-year history, the State Water Project has cut off the flow to towns and farmland because there simply isn't enough water. But is cannabis a major factor here?

Possession of personal quantities of cannabis will no longer be a crime in Maryland under a law passed April 7 and sent to Gov. Martin O'Malley. Adults caught with less than 10 grams will get a citation and be fined, but will no longer face jail. O'Malley has pledged to sign the law—a reversal from views he held as Baltimore's tough-on-crime mayor. "As a young prosecutor, I once thought that decriminalizing the possession of marijuana might undermine the public will necessary to combat drug violence and improve public safety," O'Malley said in a statement. "I now think that decriminalizing possession of marijuana is an acknowledgment of the low priority that our courts, our prosecutors, our police, and the vast majority of citizens already attach to this transgression of public order and public health. Such an acknowledgment in law might even lead to a greater focus on far more serious threats to public safety and the lives of our citizens.”

Amnesty International's latest global report on the death penalty, "Death Sentences and Executions: 2013," finds that a number of nations in the Middle East have fueled a spike in global figures with a spree of executions. Iran, Iraq and Saudi Arabia alone accounted for almost 80% of all reported executions carried out worldwide in 2013—excluding China, where official figures are secret. The upsurge in executions in Iran and Iraq accounts for a global jump of nearly 15% from 2012. Across the Middle East and North Africa, at least 638 people were executed in 2013—mostly by beheadings, hangings or firing squad. In Iran, Saudi Arabia and the United Arab Emirates, capital punishment was imposed for drug offenses. In Saudi Arabia, one man was executed for "adultery." Vaguely worded offenses, such as moharebeh ("enmity against God"), were used in Iran to repress the political activities of ethnic minorities such as the Kurds.

Arizona's Maricopa County Superior Court ruled March 21 in favor of five-year-old Zander Welton, finding that his parents and physicians may resume treating his seizure disorder with a cannabis extract. Judge Katherine Cooper said that the Arizona Medical Marijuana Act (AMMA), approved by voters in 2010, allows patients to use extracts without fear of prosecution. In October, the American Civil Liberties Union and the ACLU of Arizona sued the county on behalf of Zander and his parents, Jennifer and Jacob Welton, after Maricopa Attorney Bill Montgomery and other Arizona law enforcement agents asserted that the AMMA does not permit the use of extracts, and threatened criminal charges.

Medical marijuana advocates are applauding a new memorandum (PDF) issued Feb. 14 by the US departments of Treasury and Justice giving long-awaited guidance to financial institutions to provide services to cannabis-related businesses in states where such commerce is legal. The memo "clarifies customer due diligence expectations and reporting requirements for financial institutions seeking to provide services to marijuana businesses," said a press release issued by the Treasury Department's Financial Crimes Enforcement Network (FinCEN). The memo also includes clarity for credit card service companies, such as VISA and MasterCard, whose services for cannabis-related businesses had also been suspended for years.

Eighteen members of Congress joined together Feb. 12 in calling on President Barack Obama to use his authority to reclassify cannabis from its current position as a dangerous drug with no medical value, alongside heroin and LSD. The letter (PDF) says that cannabis' current status "makes no sense," and requests that Obama "instruct Attorney General Holder to delist or classify marijuana in a more appropriate way." The Congressional letter comes just days after Obama told The New Yorker magazine that marijuana was less dangerous than alcohol.