Wednesday, September 1, 2021

The tastiest THC vapes for Labor Day and fall

Focus on flavor with live rosin vapes countrywide.

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Arizona Court Clears Over 3,600 Cannabis Charges in Clean Sweep

Righting the wrongs of the War on Drugs is in full gear in Arizona. According to an August 30 press release, the Superior Court of Arizona in Maricopa County granted 3,643 petitions for expungement of cannabis-related charges since the process started last month.

The court announced that following the passage of Proposition 207 in 2020, an average of 650 people per week are filing petitions with the Superior Court of Arizona in Maricopa County to have felony cannabis-related convictions wiped off their records.

“The Law Library Resource Center worked hard to ensure the forms and instructions are easy to complete for customers seeking to expunge their felony marijuana conviction or arrest record. They can download the forms and instructions for free on our website and follow the instructions for the remainder of the process,” said Paula Collins, administrator of the Law Library Resource Center.

The Superior Court in Maricopa County’s Law Library Resource Center, among many organizations throughout Arizona, is helping with the expungement process, has posted all the necessary forms that petitioners can find online as well as instructions on how to complete the process.

If a court grants a request to expunge a cannabis-related criminal charge, three things could happen: the case file and police records will be sealed, the conviction and sentence will be vacated along with any outstanding court debt imposed in connection with the expunged charge, and the defendant’s civil rights will be restored in terms of cannabis-related charges. 

To see what offenses are eligible, visit the website.

Before filing a petition for expungement, people should check with their respective court. In the event that the conviction was adjudicated in a justice or city court, that court should be contacted for more information. If the case was resolved in the Juvenile Department of Superior Court, there is a separate juvenile petition to expunge. Anybody who has been arrested but not charged will need to file a civil petition to expunge the record. 

“Customers can also schedule an appointment on our website to visit any of the Law Library Resource Center location and purchase the packet if they are unable to download and print the forms,” Collins added.

A fee is not charged for the petition to expunge the conviction.

Arizona Court Decisions Under Proposition 207

Proposition 207 which passed with 60 percent of the vote in favor of legalizing cannabis, also included a 16 percent tax on sales that helps fund community colleges, public safety, public health programs and roads and highways.

The cannabis conviction program was launched last July 13. Under the program, Arizona residents with convictions for possessing, transporting or consuming 2.5 ounces or less of cannabis—no more than 12.5 grams can be a cannabis concentrate or extract—are eligible to have their records expunged. 

People with convictions for possessing, cultivating, processing or transporting up to six cannabis plants at their primary residence are also eligible. Expungements are also available for convictions for possessing, using or transporting paraphernalia related to the consumption, cultivation and processing of cannabis.

Assistance is also available from several organizations including the cannabis advocacy group Minorities for Medical Marijuana (M4MM), which has been offering expungement clinics through its Project Clean Slate initiative.

A similar initiative, Proposition 205, failed to be approved in 2016. It would have legalized adult-use cannabis with tax revenue going to the Arizona’s school system.

In Maricopa County, prosecutors took the lead early on in enacting the legalization of cannabis as mandated by the people through Proposition 207. Following the bill’s approval in November 2020, the Maricopa County Attorney’s Office began filing motions to dismiss charges in pending cases covered by the initiative,

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Star signs and cannabis strains: September 2021 horoscopes

September 2021 is here and so is your guidance from the stars above. Set an intention and find out which weed strain will help you shine.

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Fakkuappu: Japan Struggles with Cannabis Reform

Every country that creates new laws for a not-to-be stopped global cannabis revolution has faced problems when trying to implement “new” regulations—and so far, the Japanese are no exception.

This year, indeed, has seen repeated flubs and embarrassing false starts that so far, have run into significant problems when it gets to the nitty gritty details. 

This begins with the fact that despite increased liberalization just about everywhere else, the Japanese appear to be going backwards in terms of cannabis reform.

Namely, as of June 11, a health ministry panel stated that (high THC) cannabis use will be criminalized (due to concerns about “young people’s ‘abuse’” of the drug). 

In the meantime, cannabis-derived medications (which are currently restricted in Japan), will be permitted, including by import.

Beyond this, however, even legal hemp farmers are not entirely out of the woods.

A History of Cannabis Reform in Japan 

The current Japanese law on cannabis was enacted right after WWII, in 1948. 

Up until this time, cannabis was a valued part of culture and religion of the country. After 1948, thanks to the American occupation, the Cannabis Control Act essentially copied American legal attitudes of the time.

It was only thanks to the direct intervention of the Emperor that the hemp industry was saved from complete extinction. Namely, the hemp industry was allowed to flourish as a permitted industry.

Sadly, however, hemp farmer numbers have steadily dwindled since the 1950s thanks to the expense of obtaining a license and, until now at least, a receding demand for natural fibres.

Beyond limited commercial production, the current law prohibits the possession and cultivation of “cannabis.” Paul McCartney, the former Beatle, was banned from entering Japan for 11 years after being busted for bringing just under eight ounces of marijuana with him on a visit in 1980. National companies like Toshiba have removed sponsorship of athletes caught with the drug.

Yet, while there is a considerable criminal penalty for both (five and seven years of working prison terms, respectively), with additional fines that can range from two to three million yen, there is no criminal punishment for its actual use.

If this were Holland, such grey areas of the law might be enough to spark a whole industry. For the Japanese, however, no such luck. Indeed, in 2018, when Canada legalized recreational use, the Japanese government issued warnings that it was still illegal for Japanese nationals living abroad to use cannabis, even if they lived in a place like Canada where recreational cannabis use became legal.

However, one of the largest reasons for this lack of clear-cut regulation is the fact that hemp in fact has been used for centuries in the country—including to make special “shimenawa” ropes for Shinto shrines. Commercial sale of CBD has been permitted in Japan since 2016.

Yet, it is not as if the stigma about use has not grown up through the weeds. Of late, this suspicion has even fallen on cultivators. Indeed, recent debate about changing the law here to criminalize use began with a discussion about farmers who cultivate and handle the plant (namely, that it is obvious that they are in a position to accidentally inhale cannabinoids as they work).

As of February of this year, the Japanese health ministry presented test results showing that cannabinoids had not ended up in said farmers’ urine. As a result, the panel decided to move forward on setting out penalties for unauthorized, non-medical use, despite objections from three of the panel’s 12 members.

Last year, in 2020, 5,273 people were involved in cannabis-related cases logged by the police and the health ministry’s Narcotics Control Department. These numbers have doubled in just the last five years. Individuals under 30 accounted for 65 percent of the total.

However, despite the current focus on prosecuting “users,” the current regulations for hemp farmers are still causing problems on the agricultural side of the equation too. 

As of September, the Ministry of Health, Labor and Welfare will release a new report setting out clearer guidelines for the hemp cultivation industry. One change will be to allow farmers to sell hemp nationally—in other words outside of their local prefecture (or state). Another will be to reduce the amount of time that surveillance camera footage is required to be stored (it is currently five years).

If this is reform, Japanese style, it leaves a lot to be desired.

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Social Justice Organizations Host Expungement Clinic in New Jersey

Social justice advocates in New Jersey are flocking together to hold a special, free expungement clinic at Doubletree by Hilton Penn Station Hotel in Newark.

The clinic will be held on Tuesday, September 14 from 10 a.m. to 6 p.m. local time. Those who attend will get free support on how to expunge low-level cannabis convictions now that cannabis is legal in the state. 

The event will be hosted by 420NJEvents, a Black-owned cannabis lifestyle brand, and sponsored by Brach Eichler LLC, Columbia Care, REEForm New Jersey, Apothecarium, and Minority Cannabis Academy. Those who have been disproportionately affected by the War on Drugs will now have a chance to seek justice. Pro-bono attorneys from Brach Eichler law firm will be onsite to help and answer questions. 

“Why should some people have their lives ruined, while others are getting rich in the industry?,” said Brendon Robinson, Co-Founder & Vice President of 420NJEvents. This clinic will give people an opportunity to have a life after cannabis. No longer will low-level cannabis cimes ruin someone’s life.”

420NJEvents is a Black-owned cannabis lifestyle brand run by two childhood friends who bonded over cannabis and their loyalty to each other. Seeing first-hand what the War on Drugs can do, they vowed to make a difference in their community and take action.   

Thus, they formed 420NJEvents to spread awareness and education about cannabis in their community, and to explain how much the War on Drugs had impacted them. 

New Jersey Steps Up

“We’re focused on educating minorities around cannabis as an avenue to create generational wealth, and break into an emerging industry ripe with opportunity and alternative medicine,” they explained via a press release. “We promise to remain true to the culture, true to ourselves and provide you with all the up-to-date information that’ll help you navigate the cannabis industry!”

One of the pro-bono attorneys who will be offering his services at the event explained in a press release why this event is valuable to communities of color in New Jersey. “Marijuana laws have often disproportionately impacted communities of color. As New Jersey looks to establish its recreational marijuana market, there must be a focus on righting the societal wrongs that the prohibition of cannabis has created. We need more individuals, particularly Black and brown people, to understand the law and their rights, what it means, and how it can help them,” said Charles X. Gormally, Co-Chair of the Cannabis Law Practice at Brach Eichler LLC.

Events such as these help give valuable information to those who are interested in getting a fresh start after being impacted by the failed drug war. “If money is being made off the cannabis industry, we should ensure that revenue benefits the entire community not a select few,” said John D. Fanburg, Co-Chair of the Cannabis Law Practice at Brach Eichler LLC. “As we’ve seen in our cannabis practice, the most important thing we can do is ensure equal access and transparency in the industry so that people can be involved in a fair way. It’s the right thing to do.”

Many of those involved in putting on the event feel it’s there social responsibility to participate in expungement events. “Inequities have plagued the cannabis industry since it first started being legalized in select states,” said Ngiste Abebe, VP of Public Policy at Columbia Care, the cannabis cultivator supporting the event. “It’s our responsibility as leaders of this evolving industry to make social justice initiatives such as expungement a priority, especially ahead of adult-use sales and federal legalization. We’re thrilled to be partnering with like-minded organizations for this clinic and hopefully more to come.”

“As part of our commitment to fight for social justice, The Apothecarium is honored to partner with 420NJEvents for the expungement clinic being held in Newark, NJ.,” said Michelle Moleski, Director of Physician and Community Outreach for Terrascend NE. “We believe that community outreach activities such as this have a lasting impact, and we look forward to providing direct support to those negatively affected by the War on Drugs in our community.”

This free event is a positive first step to help many residents of New Jersey get their lives back following the disastrous effects of the War on Drugs.  

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Ohio Cannabis Activists Get Nod to Collect Petition Signatures

Cannabis reform activists in Ohio can now circulate petitions for a cannabis legalization measure after receiving permission to begin collecting signatures to place the proposal before lawmakers.

The Ohio Ballot Board approved the proposed legalization measure from the Coalition to Regulate Marijuana Like Alcohol (CRMLA) as a single issue on Monday, allowing the group to begin collecting the nearly 133,000 signatures necessary to submit the proposal to the legislature.

“We’re happy with today’s outcome and believe the ballot board made the right call on this one,” campaign spokesman Tom Haren said in a press release after receiving the green light to circulate petitions, adding that the group would begin collecting signatures “as soon as possible.” 

If the group collects at least 132,887 valid signatures, the proposal will head to the Ohio General Assembly for consideration by the legislature. If lawmakers decline to approve the measure or amend it, supporters could collect an additional 132,887 signatures to place the proposal before voters, possibly as soon as the November 2022 general election.

Under the proposed statute, adults 21 and older would be permitted to possess and purchase up to 2.5 ounces of marijuana and 15 grams of cannabis concentrates. Additionally, the proposal allows for the home cultivation of up to six cannabis plants by adults, with a maximum of 12 plants per household. Regulated, commercial cannabis production and sales would be legalized as well.

The legalization plan also levies a 10 percent tax on retail marijuana sales, with 36 percent of revenue going to local governments that host cannabis businesses and 25 percent dedicated to funding substance abuse programs. Another three percent of taxes raised would be used for operational costs to govern the legal cannabis program, with the remainder allocated to a cannabis social equity program to remedy disproportionate harms caused by the War on Drugs.

The proposal also allows local governments to opt out of allowing marijuana companies from operating within their jurisdictions, although that authority would not apply to existing medical marijuana businesses.

Earlier Ohio Petition Nixed By AG

In early August, Ohio Attorney General Dave Yost rejected an initial draft of a summary of the cannabis legalization proposal. After reviewing the proposal to ensure it was a “fair and truthful” description of the law, Yost cited a list of seven deficiencies in the summary and returned it to supporters for correction. The attorney general wrote, for example, that the summary did not adequately explain the “cannabis social equity and jobs program” and did not clearly indicate that home growers are limited to possessing up to six cannabis plants.

“In total, the summary does not properly advise a potential signer of a proposed measure’s character and limitations,” Yost wrote in a letter to the group’s attorney.

Yost approved a revised version of the summary language on August 20, clearing the proposal for Monday’s consideration by the ballot board.

Although CRMLA could take the proposal to the voters if necessary, Haren says that the group is “laser focused” on getting the legislature to approve a legal source of cannabis in Ohio.

“The name really says it all,” Haren said. “We want to regulate marijuana like alcohol. By that, we mean restrict sales to people under 21 years of age. We want to make sure every product is tested, is produced here in Ohio by licensed cultivators or processors [and] sold at licensed dispensaries.”

Haren added that if the plan is approved by lawmakers, Ohio’s adult-use cannabis program could launch as quickly as within 90 days of the effective date of the new statute. But if the legislature balks at the proposal, he expects the legalization effort to succeed at the ballot box.

“It’s time for Ohio to take the next step,” Haren said. “We think this is something Ohioans support and are in favor of. We think it’s wildly popular among the voting public.”

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New York Cannabis Regulations: We’re Getting Closer…

Some more positive news following Governor Kathy Hochul’s ascension to New York’s Governorship: Cannabis Control Board and Office of Cannabis Management appointments should be coming soon! On August 25, 2021, the New York Post reported:

“‘Nominating and confirming individuals with diverse experiences and subject matter expertise, who are representative of communities from across the state, to the Cannabis Control Board is a priority for Governor Hochul,’ the new governor’s spokesman, Jordan Bennet, told the Post.

‘We look forward to working with the legislature to keep this process moving forward.’  The Hochul rep said.”

There is a lot to unpack from just a few sentences of quotes. First and foremost, it sounds like Governor Hochul is focusing on appointing individuals with experience in the cannabis industry. Considering the fact that the CCB and OCM will be tasked with creating New York’s (legal) adult-use cannabis industry whole cloth, actually understanding the industry and the practical implications of its rules is critical to the successful build-out of the MRTA.

To that end, there are a lot of potential missteps that could be easily avoided with the right experience and forethought. A few simple ones we are hoping for:

  • issuing cultivation licenses first so that there is sufficient supply once dispensaries begin operating;
  • allowing on-site consumption licensees the ability to sell retail cannabis; and
  • issuing a sufficient number of licenses per license type and geographic area to service consumers.

It is also a relief to see that Governor Hochul will be making appointments with an eye on social and economic equity applicants. Planning to award 50% of licenses to equity applicants sounds great, but without financial and mentoring resources (which are equally important in our opinion) available to equity applicants, the social and economic equity program is doomed to fail. Appointing the right people who represent New York’s diverse communities will go a long way towards prioritizing the things necessary to support the success of the equity program.

As we discussed with New York City Council Member Keith Powers, we were optimistic that Governor Hochul would kickstart the rulemaking process by making the appointments we have all been waiting for. It is a relief to see that it’s actually happening. As soon as we get any indication as to who the potential appointees are, we will provide as much information and background as possible to gain some insight into the industry’s direction. Here’s hoping that the good news and actual developments keep coming.

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