420 with CNW — Arizona Court Says Cannabis Sales Convictions Qualify for Expungement

The Court of Appeals in Arizona State has ruled that some people who have convictions for selling marijuana can apply to have those convictions expunged. This ruling comes after a man who had been convicted in 2014 for possessing marijuana with an intention to sell it sought the Appeals Court’s opinion regarding a lower court’s decision to deny his request for expungement.

It should be remembered that in 2020, voters in Arizona approved a recreational cannabis legalization law. This law also had provisions for expungement of criminal records regarding marijuana crimes that were no longer crimes under Prop 207. For example, people who were found guilty of possessing cannabis in amounts that were now legal could apply to have those criminal records expunged.

When that legalization law took effect, the Attorney’s Office in Maricopa County launched an application on behalf of a man convicted on a charge of possessing marijuana with intent to sell it. However, the court denied the request, arguing that the law didn’t include individuals whose convictions were related to selling or the intent to sell marijuana. The attorney’s office appealed this ruling, and the appeals court agreed with the petitioners who were acting on behalf of the man in need of relief from that charge on his criminal record.

Brian Furuya, the judge who delivered the appeals court ruling on behalf of a panel of three judges, asserted that the crime of transporting marijuana now qualifies for expungement and that since 1987, transporting cannabis for one’s own use hasn’t been a crime in Arizona. For that reason, the court was of the view that the voter measure, which was passed during the 2020 polls, must have referred to marijuana transportation for sales purposes since transportation for one’s own use has been legal for decades.

Martin Hutchins, who spearheaded the legal efforts on behalf of the ex-convict, welcomed this ruling. He said that the practice was that anyone found in possession of cannabis would be assumed to have the intention of selling it, and so they would also face marijuana sales charges once arrested and arraigned before court. Hutchins felt that those convicted on marijuana sales charges after being found with small amounts of the drug weren’t necessarily drug dealers.

However, not everyone is thrilled about this ruling. For example, the advisory council for the prosecuting attorneys in Arizona tendered a brief to the appeals court stating that the law under which recreational cannabis became legal was unequivocal in excluding cannabis sales convictions from the expungement provisions. Court didn’t agree with this opinion.

As more of these vestiges of marijuana prohibition are eliminated, a thriving industry that allows many ancillary companies such as Advanced Container Technologies Inc. (OTC: ACTX) to deepen their reach in different markets.

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CNW420 spotlights the latest developments in the rapidly evolving cannabis industry through the release of two informative articles each business day. Our concise, informative content serves as a gateway for investors interested in the legalized cannabis sector and provides updates on how regulatory developments may impact financial markets. Articles are released each business day at 4:20 a.m. and 4:20 p.m. Eastern – our tribute to the time synonymous with cannabis culture. If marijuana and the burgeoning industry surrounding it are on your radar, CNW420 is for you! Check back daily to stay up-to-date on the latest milestones in the fast -changing world of cannabis.

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420 with CNW — Nevada Lawmakers Urge Congress to Approve Federal Marijuana Legalization Law

Last week, senators in Nevada passed a measure that called for Congress to legalize cannabis at the federal level. The approved measure states that marijuana has many medical uses that have been well documented, yet it is still classified as a Schedule I substance.

Under the Controlled Substances Act, marijuana is classified in the same category as drugs such as heroin, LSD, peyote, ecstasy and methaqualone. Drugs under this schedule are said to have a high potential for abuse and no accepted medical use.

The legislation also highlights that voters in Nevada have approved measures at the ballot to legalize recreational and medical cannabis, adding that in 2022, a district court in the state ruled that the designation by the Board of Pharmacy categorizing marijuana as a Schedule I drug was unconstitutional. It also notes that marijuana’s federal classification makes it difficult for patients to obtain medical insurance coverage for marijuana prescriptions, in addition to them not receiving coverage under health savings accounts.

In addition, the measure also explores financial barriers that cannabis businesses encounter under current prohibition, specifically the lack of access to banking services. This has forced many legal businesses to operate on cash solely, making these businesses crime targets. The resolution also requires that the chief clerk of the Assembly prepare and circulate a copy of this bill to every member of the Nevada Congressional Delegation, the Speaker of the House of Representatives and the presiding officer of the United States Senate, as well as the Vice President of the U.S.

Senators in Delaware approved a similar measure earlier this year, which also asked the federal government to stop cannabis prohibition.

During this session, legislators in Nevada have discussed other measures on drug policy, including a measure that would increase the possession limit of marijuana and eliminate barriers to employment in the cannabis industry.

The State Athletic Commission also held a vote to advance a proposed amendment to Gov. Joe Lombardo, which would protect athletes from penalization over the possession or use of legal cannabis. In 2021, this body voted to stop the penalization of professional fighters who tested positive for cannabis. However, the policy is yet to be integrated into the code. This recent amendment would alter that. The Nevada State Athletic Commission regulates unarmed combat sports within the state.

In other news, law enforcement regulators in the state also introduced a proposal to revise Nevada’s employment policy. If approved, previous conviction over the possession of cannabis for amounts that have been legalized would no longer be used to disqualify police recruits.

If the federal laws on marijuana are repealed, there will be a massive market created for various companies that service the cannabis industry, such as Advanced Container Technologies Inc. (OTC: ACTX), as well as companies that directly deal in marijuana or its products.

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420 with CNW — Study Says Marijuana Smoking Doesn’t Present Same Risks as Tobacco

Like several Western countries, the United States has been caught up in a wave of cannabis reform that has seen dozens of states legalize either recreational or medical cannabis use among their residents. But with millions of Americans now gaining access to legal cannabis, some cannabis reform opponents have argued that cannabis consumption is a dangerous activity that can open users to other substances.

Cannabis has been compared to tobacco cigarettes, which are also smoked and are known to cause a multitude of health issues. However, a recent study by University of California researchers has revealed that marijuana smoking does not present the same risks as tobacco smoking.

In a recent study, the researchers compared current cannabis users, people who have used cannabis in the past, and those who have never used cannabis to determine if they experienced any health issues similar to cigarette smokers. After more than four years of comparison and research, the team found that past and present cannabis consumption “of any lifetime amount” had no association with chronic obstructive pulmonary disease (COPD) development or progression.

The team published its findings in the journal “Chronic Obstructive Pulmonary Diseases.”

The findings were celebrated by numerous cannabis advocates who said that the results were in line with past studies, which had concluded that smoking cannabis over the long term was not associated with irreversible airway damage, lung cancer or COPD. A large-scale national study carried out by the University of Central Florida in 2012 also found that “low to moderate” cannabis use presented fewer health risks to users compared to tobacco.

In another study from 2006, researchers interviewed an estimated 2,000 patients with and without cancer and found that while smoking tobacco increased the risk of developing cancer, cannabis didn’t seem to present the same risk even in lifetime users. National Organization for the Reform of Marijuana Laws (NORML) Deputy Director Paul Armentano said that the findings were “reassuring to cannabis consumers and health professionals alike.” Furthermore, he said that they would help to inform future evidenced-based cannabis policies and public health messaging.

In all cases, researchers have been unable to determine why cannabis doesn’t increase the risk of lung cancer or pulmonary diseases despite producing carcinogens and tar when burned.

The UCLA researchers concluded that more research is needed to understand the long-term effects of smoking marijuana, especially in relation to chronic obstructive pulmonary diseases.

The UCLA study goes a long way to dispel the claims by prohibitionists regarding the effects of smoking marijuana. As the truth becomes more clear, the market for marijuana is likely to grow, and its economic benefits could spread to ancillary entities such Advanced Container Technologies Inc. (OTC: ACTX), whose purpose is to meet the needs of the companies which deal directly with the cannabis plant.

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420 with CNW — Nevada Moves to Ease Cannabis Regulations for Police Recruits

More than 20 states now allow their residents to purchase recreational cannabis while dozens of states have launched medical marijuana markets. This has significantly expanded access to cannabis among the populace and allowed millions of Americans to purchase and consume marijuana legally.

But since federal law still considers cannabis a Schedule I controlled substance, certain individuals can face serious consequences for consuming state-legal cannabis. For instance, people employed by the federal government or in safety-sensitive positions can lose their jobs for failing cannabis tests.

In Nevada, authorities are proposing amendments to the state’s employment policy that would make it impossible to disqualify police recruits for being convicted of cannabis offenses that are now legal. The proposed changes were submitted by the Nevada Peace Officer Standards and Training (POST) Commission just a few days after members voted to keep the rulemaking period open for further potential reforms.

At the moment, individuals who are interested in becoming peace officers in Nevada are not eligible for employment if they received a conviction for an offense that involves the illegal sale, possession or use of a controlled substance. As a result, individuals who had prior cannabis-related convictions, such as possession, are unlikely to be employed as Nevada peace officers.

The commission is now looking to add language that would create an exception for applicants who received cannabis-related convictions that are “not prosecutable under the law” now that Nevada has updated its cannabis policies. Nevada legalized recreational cannabis in November 2016 while medical marijuana has been legal since 2000.

The proposed changes are meant to bring the state’s employment policies in line with the updated cannabis policies. However, while the changes will loosen restrictions on police recruits with prior cannabis-related convictions that are now considered legal, no recruits will be allowed to use cannabis after being employed.

POST’s administration manual states that there simply is no room for cannabis or other psychoactive drugs in the “policing profession” and encourages law-enforcement agencies in the state to prohibit the use of recreational and medical cannabis both on and off duty. In fact, the manual even prohibits people with state-issued medical marijuana cards from attending POST courses such as the Basic Training Academy.

The issue of cannabis use among employees is becoming increasingly more prevalent in recent years as the wave of cannabis reform has swept across America and left most states with some kind of cannabis market.

In 2019, a Las Vegas police officer lost his job after failing a THC test and sued the police department. The court ruled that the no-tolerance policy on marijuana use among peace officers was “untenable” and also acknowledged that state law protected an employee’s right to lawfully use cannabis while off duty.

As cannabis laws are eased further across more states in the country, the number of people using the substance is likely to grow, which could mean that even businesses such as Advanced Container Technologies Inc. (OTC: ACTX) which don’t directly deal in marijuana benefit from the boom.

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420 with CNW — The DEA Wants Delta-8 Banned, CBD Severely Restricted

While delta-9 tetrahydrocannabinol (THC) and cannabidiol (CBD) are the most publicly known cannabinoids, cannabis produces more than 100 different cannabinoids. Delta-9 THC is the main psychoactive agent in cannabis, and it is illegal at the federal level and in states that do not allow recreational or medical cannabis sales.

In recent years, players in the cannabis industry have turned to another psychoactive cannabinoid called delta-8 THC. The result has been an influx of delta-8 THC products even though the FDA has not evaluated or approved such products as safe for public consumption. The labeling on these products often contains misleading claims, the FDA says, and the products are often marketed for medical or therapeutic uses that aren’t approved by the appropriate authorities.

Delta-8 THC products have become incredibly popular in states without recreational cannabis markets because they allow users to experience psychoactive effects without buying black-market cannabis. Cannabidiol (CBD) has also enjoyed significant growth in recent years based on claims of its medical potential, achieving a net worth of $5 billion only a few years after the 2018 Farm Bill legalized the cultivation and sale of industrial hemp and its derivatives.

The U.S. Drug Enforcement Administration is now looking to rein in this runaway market by amending federal drug laws to completely remove delta-8 THC products from the market and significantly restrict the country’s young CBD industry. Both CBD and delta-8 THC slipped through regulators’ hands because they are technically legal under the farm bill, which legalized industrial hemp and its derivatives.

Most of the CBD on the market is extracted from industrial hemp, which is essentially cannabis with minimal levels of delta-9 THC, while delta-8 THC is derived from CBD through chemical processes.

Several states have already moved to regulate or outright ban the sale of cannabinoids such as delta-8 because we have scant information on their potential benefits and risks. Currently, 14 states outlaw the sale of the substance. The DEA wants to go a step further and propose legislative changes that would make synthetically manufactured cannabinoids such as delta-8 THC controlled substances.

This type of legislation would immediately make every delta-8 product illegal while significantly “transforming the market for CBD products,” says Shane Pennington, an attorney at marijuana-focused law firm Vincente LLP.

If the DEA actually follows through on making these legislative changes, it would likely take years before the process is complete and the changes are announced. The agency will open a comment period to give stakeholders and business owners a chance to comment on the changes.

As the DEA moves to only allow natural cannabinoids to be commercialized in the states where marijuana is legal, more opportunities may become available for cannabis companies and related companies such as Advanced Container Technologies Inc. (OTC: ACTX) may do more brisk business as a result. This is because only legally permitted products adhering to the established regulations will be allowed on the market, thereby giving cannabis growers a better chance of succeeding.

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420 with CNW — As Security Concerns Escalate, B.C. Alters Law on Cannabis Shop Window Coverings

Last Friday night, all across Vancouver, British Columbia, cannabis retail shops were taking the coverings off of their windows. This was after the government altered the law in response to a spike in cannabis store robberies in the province. The move is meant to protect both customers and sellers.

Until recently, the opaque film window coverings were a condition of cannabis retail shop provincial licensing, ensuring that none of the goods were visible from the outside; the approach was an attempt to keep minors away from cannabis products. While some stores have roomy interiors or stylish furnishings that deftly cover the material, those can be pricey solutions; hence, the majority of stores choose to use frosted windows.

The window covering option has creates risks for personnel and customers who are inside because visibility and situational awareness are greatly reduced; the installation of surveillance cameras by many stores hasn’t helped. This caused marijuana sellers to convey their safety worries to the government.

“I know that legalizing marijuana is a big issue, but our safety and the safety of our customers shouldn’t be in jeopardy,” stated Up in Smoke’s Matthew Greenwood.

Security footage from Kingsway Cannabis showed an attempted armed robbery in March. The 20-second video, which depicts a man breaking into the store just after 8 p.m., was shared on Twitter by the proprietor of Kingsway Cannabis. Although nobody was hurt and the would-be thief fled empty-handed, the video brought to light a safety issue because the opaque windows cut off personnel from passersby who might have called for aid.

In the same month, the staff of Nanaimo’s Mood Marijuana was horrified twice in a row when a man stole valuable merchandise on consecutive evenings. The business took its window covers down after the second incident.

The Marijuana Council of Canada has been begging for a revision of the visibility rule on the grounds that the storefronts appear uninviting to customers as well as secluded and vulnerable to theft, creating dangerous working conditions for staff. The group is glad that the safety issues raised by its members, as well as the negative perception the window screens gave to business owners, were taken into account. The council maintained that cannabis goods are no different from those offered in alcohol shops.

Although merchants are still unsure about a few aspects of the altered law, which still forbids window displays of cannabis items, the majority are optimistic that specifics can be worked out with inspectors.

With security concerns rising in most jurisdictions where marijuana sales are legal, many companies such as Advanced Container Technologies Inc. (OTC: ACTX) will be following how the authorities respond to contain the threats these businesses face. This is because what happens to marijuana companies can have a domino-effect on other industries that are interlinked with the marijuana space.

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420 with CNW — Maryland Governor Enacts Bill Offering Parental Protections for Using Medical Marijuana

Maryland Governor Wes Moore has signed a bill offering protections for parents and guardians who use medical marijuana. The bill prevents state officials from classifying parents who use medical marijuana for allowed conditions as being “neglectful” of their children.

After Maryland voters voted in favor of a ballot measure to legalize medical cannabis last year, state lawmakers passed regulations for the commercial market, which were signed into law by the governor. The new bill protecting parents will take effect on July 1, 2023, the same day Maryland’s medical marijuana market will launch and begin legal sales.

The measures to protect parents who participate in the medical marijuana market were passed by Maryland lawmakers last month in anticipation of the market’s official launch. According to the bill’s language, child neglect in Maryland will not include the use of marijuana by any individual or parent with temporary or permanent responsibility for the supervision of a child.

However, the bill provided certain exceptions, including cannabis use among parents and guardians being classified as neglect. This includes if the parent’s or guardian’s cannabis use harms the child’s health or welfare or places the child at significant risk of harm. The bill also allows adults aged 21 years and older to purchase and possess up to 1.5 ounces of cannabis and grow a pair of plants for personal use.

Maryland joins the dozens of states that now allow their residents to use medical marijuana if they suffer from one of several specified conditions. However, since marijuana is still illegal at the federal level, users can find themselves facing legal repercussions despite using cannabis in adherence with state law. States with legal markets have worked around this by providing legal users with protections that prevent them from being punished for using medical cannabis legally.

For example, in California, Governor Gavin Newsom signed a bill that would require social workers on call for child welfare to handle marijuana use by parents the same way they deal with alcohol. Assemblyman Reggie Jones-Sawyer, who sponsored the legislation, stated in a summary that marijuana use by itself shouldn’t be a basis for intervention into family life. He noted that just as with prescription medication and alcohol, guardians and parents should be able to legally and safely consume cannabis without fear of losing custody of their children as long as they aren’t putting the child’s safety and health at risk.

In Maryland, lawmakers recently moved to increase protections for cannabis users by approving a measure to prevent police from using the smell of cannabis as a basis for vehicle searches.

The additional reforms that the lawmakers in Maryland are making will further ease the environment within which cannabis users and companies operate, and this improvement could come with benefits for many companies connected with the cannabis space, including entities such as Advanced Container Technologies Inc. (OTC: ACTX) whose interest is in providing cultivation equipment geared at enabling the optimization of indoor cannabis cultivation.

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420 with CNW — Michigan Officials Consider Scrapping Pre-Employment Cannabis Testing

Officials in the state of Michigan are considering putting an end to drug testing for cannabis for job applicants of certain government positions. Last week, the state’s Civil Service Commission put forward some amendments to the government’s code of employment on Friday and opened a public comment period on the pair of policies.

This comes after the country’s largest union that represents federal employees adopted an initiative in support of cannabis legalization in 2022, and demanded that policies which penalized federal workers who use marijuana responsibly while they’re off the clock in legal states be repealed.

Commentary from the public may be emailed to MCSC-OGC@mi.gov and has to be submitted to the commission no later than June 23rd.

The first amendment will change the current code, which states that agencies must test applicants for marijuana and other substances. The code will be amended to highlight that drug testing will not be required for new hires who are to fill positions that aren’t test-designated. The current regulations also ban individuals who test positive for marijuana during the application process from applying to other state agencies, in addition to revoking their conditional offers.

Under the new regulation, individuals who currently have active sanctions based on a positive result for cannabis from a test done during the application process for nontest‐designated positions may request that their sanctions be rescinded.

The state of Michigan legalized the medical use of cannabis in 2008 and the recreational use of the drug a decade later.

This isn’t the only state looking into drug testing policies either. Last week, Governor Jay Inslee of Washington state signed a measure into law that protects workers from being discriminated against during the hiring process over their legal use of cannabis. Washington joins Nevada, which has also prohibited employment discrimination for testing positive for cannabis. Other states, including New York and California, offer broader employment protections for adults who lawfully use marijuana away from work and during their off-hours.

Some agencies are also following suit, with the Bureau of Alcohol, Tobacco, Firearms and Explosives recently updating its employment policy.

The updates make it so that applicants who have sold, manufactured or cultivated cannabis in compliance with state laws will not be automatically disqualified during the hiring process. However, those who engaged in these activities while violating state marijuana policies will not be considered.

Additionally, the Secret Service recently loosened restrictions on the previous use of cannabis by prospective agents.

Ending pre-employment cannabis testing could go a long way in getting people to feel freer to use marijuana for medical or recreational purposes. That, in turn, may boost demand for marijuana, thereby triggering a cascading wave of opportunities for even ancillary enterprises such as Advanced Container Technologies Inc. (OTC: ACTX) whose focus is on availing the supplies, such as indoor cultivation equipment, which marijuana companies need to thrive.

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420 with CNW — Study Says Tobacco Use is Declining in States with Legal Marijuana Markets

A recent study has found that state-level marijuana policies are largely linked to modest, sporadic, longer-term declines in tobacco use among adults. The implementation of state recreational cannabis laws (RMLs) did, according to the research, result in a small increase in adult marijuana usage of between 2% to 4%, depending on the source of data. However, tobacco use did not follow this pattern.

The results were published last month in the “Journal of Health Economics” by researchers from Bentley, Georgia State and San Diego State universities. They noted the study was the first to thoroughly investigate how legalizing marijuana for recreational use will affect tobacco usage. The researchers used data from the Population Assessment of Tobacco and Health (PATH) and the National Survey on Drug Use and Health (NSDUH).

The study found that cigarette smoking rates had significantly decreased since the first report in 1964, with male adult rates falling from 55% to 16% and female rates falling from 35% to 12%. The study notes that there is considerable disagreement over the reasons for these declines, but the majority of public health professionals advocate for maintaining the improvements.

The study’s authors agree that their examination of the NSDUH data reveals that legalization results in a (mostly) statistically negligible decrease of 0.5 to 0.7 percentage points in tobacco usage, which includes cigars, smokeless tobacco, pipe tobacco and cigarettes. RMLs have minor, laggardly tobacco effects that are concealed by this null effect, however. “We observed that adult tobacco usage decreases by roughly 1.4% to 2.7% three or more years after the establishment of an RML,” the authors said.

The study also looked at states that legalized marijuana earlier than others to make sure. The findings, it claims, offer some evidence in favor of the theory that tobacco usage decreased in several of the first-to-adopt states, particularly in Washington and Colorado, which also experienced the biggest increases in marijuana use after RML was passed.

According to the researchers, the decline in tobacco use in states where it is legal is mainly concentrated where recreational cannabis dispensaries are permitted as well as where the population of men is higher. They claim that these results are in line with the theory that some adults may substitute tobacco for recreational cannabis and vice versa.

Ultimately, the authors concluded that the study’s projections point to a drop in smoking prevalence of up to 5 million individuals, which would result in annual savings of $10 billion in healthcare costs associated with tobacco use.

These studies that highlight some of the additional societal benefits of cannabis legalization help to change perceptions about this plant. As attitudes change, business opportunities keep increasing for not only “cannabis-touching” companies but also ancillary ones such as Advanced Container Technologies Inc. (OTC: ACTX).

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420 with CNW — Montana Legislators Send Cannabis Reform Measures to Governor

The Montana legislature passed several measures in the final hours of this year’s legislative session that, if Governor Greg Gianforte signs into law, will significantly impact the state’s recreational marijuana market. A few new regulations, including one that is more lenient when it comes to edible THC testing and another that extends the moratorium on authorizing new operations until 2025, could benefit the industry. However, some, including a considerable increase in license renewal prices, may make it more difficult for businesses to operate.

The legislature also blocked measures that would significantly impact the industry during the session, such as SB 546 from Senator Keith Regier, which would have outlawed recreational marijuana dispensaries in the state entirely.

The Economic Affairs Committee prepared a list of proposed amendments to HB 701, the basic cannabis business framework measure approved in 2021. The current session’s HB 128 by Representative Josh Kassmier implements several of those improvements.

Notably, the bill extends the existing 18-month restriction on awarding new marijuana company licenses by an additional two years. New businesses will be prohibited from establishing themselves in Montana until after June 30, 2025. HB 128 further answers issues raised by HB 701 regarding the automatic issuance of retail and cultivation permits for Montanan tribes engaged in combined-use activities. Tribes are now permitted to establish facilities with the potential for growth under HB 128. Another bill, HB 903, clarifies the start date of the license ban.

By extending the moratorium’s commencement date to April 27, HB 903 permits 16 businesses — those that had made the license application before that date and have subsequently been caught in limbo — to start selling recreational cannabis. The remaining 29 who submitted license applications after that date are limited to selling exclusively medicinal marijuana.

Some provisions in the pending measure, however, are a bit harsh on the sector. For instance, HB 903 adds a cumulative $5,000 fee for each additional location, implying that a business must pay double the amount — $10,000 — to obtain a new license for a second location. Moreover, any doctor who issues more than 39 medical cannabis certifications per year will have their license evaluated by the state’s medical examiner’s board.

Another bill, HB 948, makes it illegal to distribute or produce synthetic cannabis products such as HHC and Delta-8 tetrahydrocannabinol in the state. Under current legislation, delicacies containing synthetic marijuana, vape cartridges or other products are not subject to the same tests and regulations as cannabis.

All of these measures are currently pending the governor’s approval.

As more enabling regulatory changes are enacted and take effect, the state could see an uptick in the cultivation of marijuana as companies move to leverage the improved regulatory regime. Such an uptick in cultivation activity could create opportunities for entities such as Advanced Container Technologies Inc. (OTC: ACTX) that specialize in manufacturing indoor cultivation equipment, including “microgardens.”

NOTE TO INVESTORS: The latest news and updates relating to Advanced Container Technologies Inc. (OTC: ACTX) are available in the company’s newsroom at https://cnw.fm/ACTX

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