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  • Michael Komorn

    Medical Marijuana Victory in Clarkston!

    By Michael Komorn

    Komorn Law, PLLC and Attorney Allen Peisner are proud to report the well-deserved dismissal of all marihuana charges for a young man and his family. We are proud about this one for many reasons. It is well understood that this jurisdiction (Clarkston - in the heart of Oakland County) is not known to be friendly to medical marijuana patients. In fact, in this venue at the arraignment, this particular Judge as a matter of practice tells the presumptively innocent patient that they must decide if they want to use their medicine or drive. They can’t do both. Of course, this defies most if not all principles of Michigan jurisprudence. Nevertheless, when he was forced to choose, my client chose his medicine. Of course, to get to work without a driver’s license my client has to ride his bike, which requires him to ingest medicine more frequently than before the Court had imposed the no driving condition. My client was a medical marihuana patient and had received his recommendation from his physician in December 2016, but had not yet sent his application to the State. In other words he didn’t have his registry card at the time of the incident. The backdrop here involved a traffic stop in early 2017. The officer claimed he smelled marihuana; later when searching the vehicle he found two ounces in the locked glove box. The client made a few utterances (always best to not say anything at all) at the roadside, all consistent with his assertion that he was a patient and was intending to use it medical, and ingest it at some other time. After a few pretrials, adjournments, and some administrative hurdles the matter got set for our evidentiary hearing pursuant to section 8 (See People v King/Kolanek). As it should be, the explanation of the three prongs was required to be established at the hearing (in short: 1. Bona fide Physician/Patient Relationship, 2. The amount of marihuana was reasonable and necessary. 3. The marihuana was for the patient’s medical use) was presented with confidence and detail. As I often suggest to patients prior to testifying, the topic of inquiry is something that no one knows better than you, the patient. No one other than you really knows or understands your medical condition better. The medical efficacy of cannabis to treat that condition likewise is information unique to each patient. With that being said, my client’s testimony was more than compelling. In 2008, over 3 million Michigan voters, enacted the MMMA, and amongst other declarations, they stated cannabis is medicine. As often overlooked, it was intended to be just that - a medicine that amongst other things is intended to treat a long list of serious medical conditions, one of which is chronic pain. My client’s story begins with walking onto the MSU track team and competing at a Big Ten collegiate level for his first three years, before being cut from the team in the last part of his junior year because of a muscle tear in his hip. All things bad happen to runners when this muscle tears, including limited range of motion and severe pain. Prior to his leaving the team, he was given access to the very best of medical treatments from all this Big Ten school’s trainers and doctors could offer. This included daily rehabilitation, and muscle relaxers and pain medications. His other option was to have surgery, which according to his physician was not recommended because of his age. While he did get some relief from the daily rehab during the summer, this became an impossible treatment when he returned for his senior year, and had a full load of classes. With his collegiate athletic career behind him, he had resolved to direct all of his energies into his senior year with his eyes on graduate school. Despite additional free time from no track practice, travel to meets etc., the pain from his hip was not going away. For these reasons, he explained “I wanted to explore medical cannabis to treat my hip problem, because nothing else was working. The simple task of walking to class had now become a painstaking task that was challenging on a day to day basis.” There is little that can be said about his testimony other than it was real. Of course, on cross exam, he had to put up with silly challenges and questions with no substance but an intention to try to confuse or take advantage of the novelty of testifying in court for the first time. The only disappointing aspect of the case was that I had to restrain my anger in responding to the Assistant Prosecutor’s argument that the physician didn’t testify, and it is only through that testimony can a patient establish what is an amount reasonably necessary. Neither of these arguments are true, as outlined in the most recent Michigan Supreme Court case People v Hartwick/Tuttle. I saved the argument, “Judge I want to remind the Court that my client is currently on bond, and has been authorized by this Court to use medical cannabis as one of his conditions of bond, I would argue in conjunction with the testimony, you should dismiss the charges, or at a minimum let us argue the affirmative defense to the jury.“ In short order, and shall I say surprisingly, the Court quickly shut down the APA’s misplaced arguments about the law regarding section 8. Despite what I thought was more than enough evidence to dismiss the Court found that the evidence established that we could present the affirmative defense to the jury. A brief bench conference ensued and talks of permission from supervisors in the APA’s office, and we were given a pretrial return date – to set a trial date. Today at that pretrial the APA informed us that they would dismiss the case with prejudice. To say it is was a waste of resources – to be required to go this far to establish the evidence that we did – would be an understatement. With the opioid epidemic that plagues Michigan and the County, how can this endeavor be justified? To even the most anti-cannabis crusader, wouldn’t the dollars needed to keep this case going be better spent testing the untested rape kits that remain in the thousands all of over Michigan? Does it still make sense to anyone that the State of Michigan utilizes 40% its Forensic Science Division’s budget testing marihuana? That the same 40% or greater of marihuana cases make up the docket in Courtrooms all over the State of Michigan. Could it ever make sense to anyone that this scenario would somehow justify my client being denied admission to post graduate education or acquiring the professional license that he had spent most of his adult life committed to? Attorney Peisner’s involvement was stellar as expected, and his performance in keeping the fight going was pivotal. Thank you, Allen It was an honor to represent my client, and his family. Today was a good day, the broken system produced an excellent result, the MMMA worked and for a few moments, albeit fleeting, justice was served.
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  • Michael Komorn

    Michigan is licensing marijuana businesses but they still cant use banks.

    By Michael Komorn

    Michigan created a $837M medical marijuana industry with nowhere to put its cash Updated Feb 14, 7:46 AM; Posted Feb 14, 7:45 AM By Emily Lawler elawler@mlive.com LANSING, MI - It was chilly on the morning of Dec. 15., but Michigan State Police stood outside a state office building. They were there for safety, ready, as the Bureau of Medical Marihuana Regulation opened its doors, for some applicants to show up with the $6,000 application fee in cash.   Michigan lawmakers authorized a new medical marijuana industry in 2016, and the state began accepting applications to be a part of it on Dec. 15, 2017. But businesses seeking inclusion are already running into a roadblock: banks won't take their money.   "It's not that banks don't want to. It becomes a very significant risk," said Patricia Herndon, senior vice president of government affairs for the Michigan Bankers Association.   Federally, marijuana is considered a Schedule I substance, a category that means the government considers it to have no medical use and a high potential for addiction. The revenue from a state-authorized medical or recreational marijuana business can potentially be viewed as drug money by the federal government.   In Michigan, medical marijuana is legal and its industry is projected to expand rapidly. A House Fiscal Agency analysis of the bill lawmakers approved projected it would grow to $837 million annually. As of Feb. 2 there were already 146 businesses who have submitted prequalifications with the Bureau of Medical Marijuana Regulation, and another 618 had started the online application process.   But without being able to rely on basic banking services, those medical marijuana business owners are struggling with how to remain above-board.   Paul Samways, an accountant with Cannabis Accounting, said he's currently going out to clients to count their cash. And when the businesses start operating under the new scheme, it only gets more complicated if they can't cut checks or store money.   "These guys aren't hiding stuff in their mattress, they want to be above-board, they want to make sure everybody knows what's going on, they want to pay their taxes... how do you do it without a bank account?" Samways asked.   Banks shy away from marijuana money  Acting as a bank for a medical marijuana business was a thorny issue to begin with, and one that's gotten more difficult in wake of a memo issued by U.S. Attorney General Jeff Sessions last month.   Banks that want to handle medical marijuana business money have to do a lot of due diligence at a high upfront cost to ensure compliance with the Bank Secrecy Act and anti-money laundering rules, Herndon said.   But on Jan. 4, Sessions repealed an Obama-era policy known as the Cole memo, which instructed federal prosecutors since 2013 not to prioritize the enforcement of federal anti-marijuana laws in some instances where states had their own marijuana laws on the books. Now, federal prosecutors are using their discretion on the enforcement of federal marijuana laws.   Sessions policy shift on marijuana could have implications for Michigan  "That rescission adds even greater uncertainty to this," Herndon said. "I will say that they continue to look at this, there's been no declaration from the U.S. district attorney that there's going to be an active force in that direction."  Before that move, there had been an uptick nationally in banks serving the medical marijuana industry. According to a report from the federal Financial Crimes Enforcement Network, 400 financial institutions were banking with marijuana businesses in September of 2017, which represented steady growth.   And some states have found ways around needing buy-in from financial institutions. In Hawaii, state officials collaborated with a cashless service called CanPay and Safe Harbor Private Banking, a marijuana-specific financial institution, to let medical marijuana businesses handle transactions.   In Maryland and Florida, banks have quietly popped up to fill the void.   But Florida's bank is backing out now. With Michigan's industry coming online at the same time banks are grappling with the Sessions memo, it's not clear any financial institutions will rush to fill the void.  Samways looked into the possibility of starting a state-chartered credit union that would accept medical marijuana money a few years ago. The problem he ran into, he said, was that he couldn't get a master account in the federal reserve without compromising the medical marijuana money.   "What happens is if you don't have a federal reserve master account, you can't cash checks or take debit cards or transfer money into the money super-highway," he said.   As of now, Herndon said, no Michigan bank has publicly come forward as accepting medical marijuana money.   Lawmakers look for solutions  Rep. Klint Kesto, R-Commerce Twp., is the sponsor of House Bill 5144, which was signed into law last month. It makes several refinements to the medical marijuana law the state passed in December of 2016. Among the changes, it specifies that an accountant or financial institution providing services to someone licensed under the Medical Marihuana Act wouldn't be subject to penalties.  Kesto said the intent was not to hold banks accountable for providing somebody with their banking records.   "Because in order to apply for a license you have to go and get your banking records. So if you went to the teller or the clerk or whoever was going to assist you, then we don't want to subject them to any criminal laws that then may be out there. We specifically codify that," Kesto said.   The same idea applies to certified public accountants, he said.   To apply for a license to be a medical marijuana grower, processer, tester, transporter or dispensary, applicants have to prove they meet a capital requirement, which is often dependent on financial records. It's CPAs who provide an attestation that applicants have met those requirements.     And that's just for the application process. But when marijuana businesses actually start pulling in money, they'll run into another problem, one Kesto acknowledges. Where are they supposed to store it?  "I think that it makes a lot of people nervous. I bet the people who have to hold that cash are nervous, because that makes them a target as well," Kesto said. "Law enforcement is probably nervous because they have to enforce the laws if there's theft, or robberies, or what have you. So I think that we have to be cognizant of that."   Rep. Pete Lucido, R-Shelby Twp., is looking to answer that with House Joint Resolution CC, which would create a state bank capable of handling money from marijuana businesses. Without some kind of solution, he said, Michigan would have a huge industry that basically lacked the ability to put its revenue back into the economy. Right now, he said, people could get stuck keeping it in mattresses and coffee cans.   "What other safe harbor do we have? If the banks can't touch the proceeds and the credit unions can't touch the proceeds from the sale of marijuana, then what do we leave those that are in the business that are regulated by the state as it relates to licensing? Even the labs that test it would be barred from putting the proceeds into the bank or credit union because it violates federal law," Lucido said.   So far, Lucido said, South Dakota is the only other state with a state bank. South Dakonta authorized it close to 100 years ago and don't have medical marijuana. But Michigan has a chance to open their own and be a leader, he said.   He doesn't necessarily think a state bank competing with private banking services is a good idea. But right now, it's what he's got.   "I would surely think that if the banking industry and credit union industry have an alternative, they can sure knock on my door and give it to me," Lucido said.   Magnitude of problem could grow with legalization  Try as state lawmakers might, it's not clear that they have the power to address the issue, at least through regular banks.   "Very little can be done at this point, at the state level, to impact the prohibitions and the obstacles that are put into place that are keeping us from jumping into this," Herndon said.   Right now the state's talking about a potentially $837 million medical marijuana industry with banking issues. But if a ballot initiative to legalize recreational marijuana for adult use passes, even more businesses and more dollars could have trouble accessing traditional banking systems.   Josh Hovey, a spokesperson for the Coalition to Regulate Marijuana Like Alcohol, the group pushing for legalization, said based off what other states have experienced, "We're thinking that once the market is fully established that Michigan could be generating anywhere from $100 million to $200 million a year in tax revenue."     That's a lot of money to think about collecting from a cash-only business. But he's hopeful Congress will broker a federal solution.   "I think it's something that Congress is starting to look at and realizing that there's a whole lot of money out there that the IRS needs to be collecting, that state governments need to be collecting," Hovey said.   But absent that - or any potential state action - Michigan's marijuana industry will likely be a cash one.   http://www.mlive.com/news/index.ssf/2018/02/michigan_created_a_837m_medica.html
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  • Michael Komorn

    Making A Federal Case Out Of Marijuana

    By Michael Komorn

    Our client, a medical marijuana patient registered with the State of Michigan, was out for a boat ride and some fishing on his friend’s boat. What started out as a glorious day with intentions of sun and fishing on the Detroit river later turned into federal charges of possession of marijuana (21 USC 844, 21 USC 844a) when a Border Patrol agent pulled up to them and wanted to search their vessel.   Related: Michigan law regarding marijuana manufacture, delivery, and possession   The federal border patrol agent required that the two passengers, my client and his friend, open all the containers in the immediate area, to which they complied.   After the agent found no contraband, he demanded that the occupants of the boat hand over the marijuana because, according to the agent, it smelled like marijuana on the boat. Additionally, the agent said that if someone did not give him the marihuana, he was going to call the K9 unit.   What does the driver of a car or boat say in response to a law enforcement officer demanding that the occupants of the vehicle hand over the marijuana, or else?   For a vehicle, we know that the traffic stop can't or shouldn't take last for any longer that it takes to execute the traffic stop, identify and inform the driver of the violation, and issue a ticket, if appropriate. A traffic stop is not an opportunity to gather evidence of probable cause of the vehicle to search. That basic threat, calling the dogs, would be unconstitutional. That is to say, the delay in calling the dogs to get probable cause would be a delay beyond the scope of the lawful police interaction. The delay to call the dogs is a delay for the purpose of getting probable cause to search the vehicle.   Most times this decision on how to respond should be determined on a case-by-case factual basis. In other words, depending upon what is within the vehicle, the driver may or may not comply with the request of the officer. The rule of thumb, however, is to never consent to a search, ever. Equally important is the rule that you should never talk to the police or answer questions. Specifically, in these traffic encounters, or even vessel encounters, the investigated driver is not under arrest. The encounter is an interaction called an investigation, and anything that is said during this encounter will be used against you.   Ultimately, our client handed over the marijuana cigarettes and his patient card. As my client was reminded by the Border Patrol Agent, there is no medical marihuana on federal jurisdiction. Or said another way, it was the intent of this agent to make a federal case out of it.   After being retained by our client, and after a few pretrial conferences and conferences with the Assistant United States Attorney, we learned that it was also the intent of the United States Government to make a federal case of it.   Federal jurisdiction, as mentioned above, is a very different venue to litigate a marihuana case, even if it’s just for a joint or two. The liabilities for punishment are much greater, and in certain situations get worse, the more the accused litigates the case. That is to say, any benefits of resolving the case with a plea bargain are minimized should you force the government to litigate the case.   It is under these circumstances that we needed to make our decisions on how to proceed. As we got closer to the day of trial, the Government offered a number of different plea offers and options to resolve the case. Unfortunately, none of them contemplated the medical use of marihuana while being supervised on probation. Similar to many of the State Courts throughout Michigan, the likelihood of any probation supervision of any kind would preclude the medical use of marihuana.   Not directly pertinent to this case either factually or due to our federal court venue, the only Michigan case law that addresses the issue is a recent case in the Court of Appeals, People v Magyari, the defendant argued that, pursuant to the MMMA, the court could not prohibit his medical marijuana use during probation because he possessed a patient card, but the court’s opinion characterized the defendant’s use of marijuana as non-medical, and did not apply their reasons for upholding the lower court decision the appeal to all cardholders.   A probation condition disallowing his medical use of marijuana was not acceptable to my client, and besides, who would want to plead guilty to something that the state government has authorized you to possess, let alone be on probation for the same behavior? So as often is the case, the choices that presented themselves compelled us to reject the offers to plead guilty and instead litigate the case.   Our response to the offer to plead guilty was to file a “Motion to Dismiss Based Upon Justice Spending Funds to Prevent Implementation of Michigan Marijuana Laws.”   I think it is more than ironic that as we put together the motion challenging the federal government’s authority and jurisdiction to prosecute the matter, the issue of States’ Rights was in the forefront in a national debate.   As outlined in the motion, the legal authority prohibiting the jurisdiction of the government in our matter was vitiated by the Cole memorandum – both of them. Additionally, the Rhorabacher-Farr amendment was more than clear in its intent to preclude federal agents employed by the DOJ, including the DEA, from investigating or prosecuting medical marihuana patients that are in compliance with state law. If there was ever a case with the perfect facts to prevail upon it would be this case, and the mere two marijuana cigarettes. In contrast, the circumstances of the case cited, US v McIntosh, dealt with dispensaries and commercial marihuana sales. Our case was as authentic patient activity as one could find.   After filing the motion to dismiss, and appearing for the motion hearing, we learned that the Government had decided to dismiss the case. The AUSA indicated to me that he had "no desire to go to the mat with me on this case" and he was "not going to make bad case law with this case." Or said another way, he knew that he was going to lose, and instead of dealing with that result which would be precedent and impact the entire Sixth Circuit Trial Court, he thought it best to dismiss the case, and let us go on our way.   The moral of this story is that when they make a federal case out of it, you should do the same.
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  • Michael Komorn

    Don’t Beauregard that joint my friend.

    By Michael Komorn

    Attorney General Jeff Sessions January 4th memo regarding marijuana enforcement is historic... and it should promptly be consigned to the dustbin of history. Mr. Session’s very name is a history lesson. Like his father and grandfather, he was named after Jefferson Davis, the first and only president of the Confederacy and P.G.T. Beauregard, the first prominent general of the Confederate Army. These were the men who lead the people of Alabama in their desire and purpose to join the “slave-holding states” to secede from the U.S. and form a government where “in no case shall citizenship extend to any person who is not a free white person.” See Alabama Ordinance of Secession. Mr. Sessions memo overturning Obama era guidelines for federal marijuana prosecutions is entirely consistent his historic roots. Here’s why.     When the South failed in its quest to preserve the “peculiar institution” of slavery, Jim Crow and segregation followed. “Separate but equal” became the rallying cry to keep whiteness supreme. With Brown v. Board of Education and the Civil Rights Act of 1964, this became impossible. American society convulsed. In 1968, Richard Nixon took the White House by appealing to the “silent (white) majority” and exploiting Southern fears of the recently empowered African-Americans. The South has been Republican ever since. Here’s how Nixon did it. He declared a War on Drugs. John Ehrlichman a Nixon staffer revealed the real roots of the criminal prohibition of marijuana and other substances: “The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I’m saying? We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders, raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did.” By 1980 with the ascension of Ronald Reagan (and Nancy Reagan’s vacuous “Just Say No”), the drug war was hitting its stride. George H.W. Bush amended the Posse Comitatus Act to allow the military to be used as a domestic police force in the drug war, effectively para-militarizing police forces across the nation.  In 1994, Bill Clinton passed the Violent Crime Control and Law Enforcement Act. In the 22 years since the bill was passed, the federal prison population more than doubled. War is a bi-partisan vice, and scare-mongering reliably delivers votes. It is to this era that Mr. Sessions seeks to return us with his memo. That is because the war on drugs has been extraordinarily successful in its primary purpose: to vilify Blacks and the Anti-war left, arrest their leaders, raid their homes, break up their meetings, and put them in jail. By 2000, incarceration numbers began to become available in parts of the South demonstrating that the drug war increasingly was a war on African Americans, particularly Black males of prime breeding age. One in three black men in the United States between the ages of 20 and 29 years old was under correctional supervision or control. Among the nearly 1.9 million offenders incarcerated on June 30, 1999, more than 560,000 were black males between the ages of 20 and 39. At those levels of incarceration, newborn Black males in this country had a greater than 1 in 4 chance of going to prison during their lifetimes, while Latin-American males have a 1 in 6 chance, and white males have a 1 in 23 chance of serving time. The United States was incarcerating African-American men at a rate that was approximately four times the rate of incarceration of Black men in South Africa. The rate of imprisonment for black women was more than eight times the rate of imprisonment of white women; the rate of imprisonment of Hispanic women was nearly four times the rate of imprisonment of white women. We can trace those disparities directly to discriminatory and selective enforcement of the drug laws. Most illicit drug users were white. There were an estimated 9.9 million whites (72 percent of all users), 2.0 million blacks (15 percent), and 1.4 million Hispanics (10 percent) who were illicit drug users. Yet, blacks constituted 36.8% of those arrested for drug violations, over 42% of those in federal prisons for drug violations and almost 60% of those in state prisons for drug felonies; Hispanics accounted for 22.5%. Drug laws had become the new Jim Crow. Texas was particularly bad. By 2000, there were more Texans under criminal justice control, 706,600 -- than the entire populations of Vermont, Wyoming or Alaska. Texas’s incarceration rate of 1,035 per 100,000 population tops every state but Louisiana. If Texas were a separate nation, it would have the world’s highest incarceration rate, well above the United States at 682 per 100,000 or Russia's 685.  The state's prison population had tripled since 1990, rising more than 60 percent in the past five years -- from 92,669 to 149,684.  Black Texans were incarcerated at a rate seven times that of whites -- and at a rate 63 percent higher than the national rate for blacks.  Blacks supplied 44 percent of the inmates in Texas although they constituted only 12 percent of the state's population.  More than half of all Blacks were in jail in Texas for nonviolent offenses. They ended up picking cotton, herding cattle or, contracted out as labor to assemble computers. Then came 9/11. Criminal justice reform took a backseat to terror wars until those wars too lost all legitimacy. It was not until the election of Barack Obama and the appointment of Eric Holder that the real roots of this massive, fraudulent, unjust war on drugs began to be addressed. Over the course of that presidency, states were allowed to advance their experiments with medicinal and later adult use marijuana. Civil asset forfeiture at the federal level was reigned in and the use of private, for-profit prisons was curtailed. A key part of this reform was a statement of guiding principles for federal prosecutors regarding marijuana. These guidelines allowed states to proceed with some predictability in their local marijuana programs. Mr. Sessions has undone all of this. Why is this important? Because the numbers have only grown worse. An African-American in Michigan is three times more likely to be arrested for violating marijuana laws compared to a white person, although surveys and research indicate little difference between usage rates between the two groups. In all, African-Americans comprise about 14 percent of Michigan's population, but 35 percent of marijuana arrests. Overall, African-Americans in Michigan are incarcerated at roughly five times the rate of whites. The numbers in the white flight counties of the Eastern District of Michigan are even more unconscionable. In St. Clair County, African-Americans make up 2.5% of the total population yet account for 43% of arrests for drug law violations. In Oakland County, African-Americans make up 14.4% of the population yet account for 48% of arrests for drug law violations. In Lapeer County African-Americans make up 1.2% of the population yet account for 10.4% of arrests for drug law violations. In Genesee County African-Americans make up 20% of the population yet account for 76% of drug arrests. This according to the U.S. Bureau of Justice Statistics. Medical marijuana patients and programs are squarely in the cross-fire of a war with deeply racial roots. We say that the only citizen more vulnerable to police misconduct than a young black male in Texas is a medical marijuana patient in Michigan. Mr. Sessions knows all of this. It is in his blood. In his name. This is not accidental. Mr. Sessions and his ilk want to return us to an age when names like Jefferson Davis and P.G.T. Beauregard are names to be proud of and ditzy slogans like “just say no” and “good people don’t smoke marijuana” substitute for real science. Mr. Sessions war is arbitrary, capricious, and racist. His dismissive memo merely enshrines the worst of policies and promotes selective and discriminatory enforcement of the law. Can a community that has been abused for years by a corrupt, federal, militarized police force that is selectively enforcing the law on the basis of race organize to end its oppression? Yes. See e.g. the American Revolution. In 1776, the British Redcoats had become a federal military police force with wide ranging powers to enforce the contraband laws Then, as now, most contraband consisted of drugs, primarily tea and tobacco. Then, as now, the police were allowed to issue “writs of assistance” (roving search warrants devoid of probable cause) allowing them to seize and keep the property of those persons believed to be illicitly trafficking. Then, as now, such power and temptation corrupted the police authorities, resulted in selective enforcement of the law and produced wide scale violations of God-granted liberties. Then, the community organized to resist. The Boston Tea Party, the American Revolution and the Bill of Rights ensued. Among the rights enshrined is the right to organize and to oppose abuses by a federal, corrupt, militarized police force. 2nd Amendment to the U.S. Constitution. “I thought those guys (the KKK) were alright until I learned they smoke pot.” -- Jefferson Beauregard Sessions III    
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  • Michael Komorn

    Michigan Medical Marijuana Expert Defense Attorney Michael Komorn gets grilled by House Committee while supporting asset forfeiture reform.

    By Michael Komorn

    Michael Komorn is dedicated to defending his clients from both criminal charges and civil asset forfeiture. During a committee meeting on House Bill 4158, a bill to reform asset forfeiture, House Committee member Triston Cole tried to find any possible way to attack Komorn's client testimony. With Michael's 9 years of dedicated experience to medical marijuana , he was ready to get deep into analyzing each question. Finally turning the questions around on Mr. Cole and defending his clients, once again, but this time in the public eye of a committee meeting. Watch below as Michael knows every nook and cranny detail of the Michigan Medical Marijuana program, and uses that knowledge to support the bill.       But Lucido's bill may be in trouble. Police and prosecutor unions including PAAM are fighting tooth and nail to keep those assets and any auctions they run to sell off peoples property. Police have been relying on asset forfeiture which has encouraged them to abuse the system. The majority of forfeitures were for $1000, who would hire a $3500 lawyer to fight to get $1000 back? Most people walk away from their own property forfeitures because the economics of it.   Lucido Wants To Finish The Job On Reform of Civil Asset Forfeiture Rep. Peter LUCIDO (R-Shelby Twp.) says he wants to finish the job of reforming civil asset forfeiture in Michigan and has introduced  HB 4158 to prohibit its use by police unless a person has been convicted of a crime.   He told the House Judiciary Committee today that improvements made last year require police to report how much property they seize and end residents needing to post bond to get their property back. However, he wants more (See "No Bond Needed To Get Seized Property Back Under Passed Bill," 3/22/16).     "Last year, Michigan law enforcement agencies seized over $15 million and change, along with 2,037 vehicles. They seized 806 weapons, 276 financial securities, and 15,160 other pieces of personal property," Lucido told the committee. Before that, agencies weren't required to report seizures, so it is not known how much property police confiscated, he said.    Police use civil asset forfeiture as a way to battle drug trafficking. The process allows police to seize property believed to have been used in the course of committing a crime, like the vehicle that drugs are transported in or cash from drug deals.    Lucido said no one should profit from criminal activity, but he contends the process is being used in some cases excessively, and in some cases to supplement police department budgets.    "No one was charged with a crime in 523 cases of those 5,290 cases," Lucido said about last year's statistics. "Ten percent of the crimes, that they claim were crimes, but (people were) never charged, never convicted, and lost their property without even being charged as a criminal. Another 196 people were charged but never convicted."    Committee Chair Jim RUNESTAD (R-White Lake) held an extended session of the committee meeting, but didn't call a vote on the bills. He said he would take more testimony on the proposal in the coming week. Today's testimony was all from individuals in support of ending the practice. He expects law enforcement agencies will testify next week in defense of the use of civil asset forfeiture. He said the committee has to hear from both sides.    Attorney Michael KOMORN brought several of his clients before the committee to tell of their experiences with civil asset forfeiture. Amanda JOSLIN, a medical marijuana user, said police raided her home in 2015, seizing her home, car, a game system and her son's paychecks from his job. She said they even took a steam mop.    Eventually, charges were dismissed against her, but she got none of the property back.    Joslin contended that while civil asset forfeiture may have been intended to combat drug dealing, police have concluded "they can take money from the low-hanging fruit, which is the medical marijuana community."    Ted NELSON, who is retired from the Michigan State Police, spoke in favor of eliminating civil asset forfeiture. He said it was intended to battle drug smuggling and to confiscate the cash generated by drug sales. Now it is being used excessively.    "If they needed a couch for their office, they would take a couch. In my opinion, that is not was civil asset forfeiture was intended to do," Nelson told the committee.       Former State Trooper: Cops, Prosecutors Misuse Problematic Asset Forfeiture Law ‘Civil asset forfeiture erodes the public trust in law enforcement’ By EVAN CARTER | Feb. 8, 2018 |  Follow Evan Carter on Twitter Editor's Note: This article was updated to note that when civil asset forfeiture first began to be used in Michigan, narcotics enforcement would obtain the proceeds of criminal activity. The Michigan State Police detective who helped train the state police in how to conduct civil asset forfeiture says the police are misusing it. Former Michigan State Police Detective Sergeant Ted Nelson, who developed a curriculum on civil asset forfeiture for the department and taught it for more than a decade, made those comments to the state House Judiciary Committee on Feb. 6. The committee hearing was the first of many which are scheduled to be heard on House Bill 4158 over the next couple weeks. After that, the committee may vote on whether to send the bill to the full state House of Representatives. The bill would require police officers and other law enforcement officials to convict someone in a criminal court before they could take ownership of cash and other assets they seize, for property valued at $50,000 or less. “Law enforcement is an extremely important vocation in our society and it is as important today as yesterday,” Nelson told the committee. “I believe that the policy and procedures of civil asset forfeiture erodes the public trust in law enforcement.” Nelson told Michigan Capitol Confidential that during his 26 years with the department, he saw law enforcement officials receive by forfeit items, such as furniture, that they believed could be used in department offices or sold for a profit. Nelson, who supports HB 4158, said this type of behavior wasn’t the reason civil asset forfeiture was introduced. Nelson said he first received training on civil asset forfeiture in the late 1980s when the practice was considered part of the war on drugs. At the time, civil forfeiture was used mainly for major drug crimes, in which narcotics enforcement would obtain the proceeds of criminal activity. Nelson developed a curriculum to teach the state police’s drug teams. He was the expert state police troopers called when they seized money and they weren’t sure it could be tied to a drug crime. “We’re the foot soldiers of the Constitution and sometimes we forget that,” Nelson said. Nelson said he doesn’t believe enacting HB 4158 would change how police officers do their job, but he believes it would change how prosecutors do their job. Shelby Township Republican Rep. Peter Lucido is the primary sponsor of the legislation. At the hearing, he said law enforcement officials can use mechanisms other than civil asset forfeiture to ensure that those believed to have participated in criminal activity cannot make a profit from ill-gotten gains or get rid of illicit substances. “We lost the war on drugs, and civil asset forfeiture has penalized the poor,” Lucido said to the committee. “Officers were sworn to protect, and not take.” Attorney Michael Komorn, who is president of the Michigan Medical Marijuana Association, attorney John Shea and national civil asset forfeiture expert Lee McGrath also testified in support of the bill. Not everyone who appeared before the committee supported the bill, however. Waterford Police Chief Scott Underwood said that while he wouldn’t directly offer an opinion on the legislation being discussed, he believes civil asset forfeiture is a useful tool for law enforcement. “I would say that for the most part, that civil asset forfeiture comes from good police work,” Underwood said to the committee. “The numbers with asset forfeiture don’t lead, they follow.” Lucido said in an interview that while he doesn’t want to imply police officers are corrupt, he believes that civil asset forfeiture is too easily abused. “If even one cop abuses it, it’s too much,” Lucido said to Michigan Capitol Confidential. “I had cops who took kid’s piggy banks and dart boards and I’m done with it.” Currently, law enforcement officials do not need to convict, prosecute, or even charge a person of a crime before they can get ownership of seized property through civil asset forfeiture procedures. In 2016, one out of every 10 Michigan residents whose property was taken by law enforcement using civil asset forfeiture was never charged with a crime.  According to a Michigan State Police report, more than 700 people were either not charged with a crime, or charged with a crime but not convicted. Since 2000, the state has taken possession of forfeited property worth $20-$25 million annually. The legislation may be part of a larger package aimed at reforming the state’s civil asset forfeiture law. If the measure passes and is signed into law by Gov. Rick Snyder, Michigan will join the 14 states (along with the District of Columbia) that already require a conviction for law enforcement to take possession of seized property.     http://www.record-eagle.com/news/local_news/state-lawmakers-eye-forfeiture-reform/article_63727629-81b7-5091-ac45-0e87ddec26fa.html State lawmakers eye forfeiture reform Local officials support 'common sense' legislation BY KYLE KAMINSKI kkaminski@record-eagle.com   TRAVERSE CITY — A bill aimed at protecting property rights of the accused is amassing support from local officials as it gains steam among state lawmakers. House Bill 4158 — introduced this month by Republican state Rep. Peter Lucido — would safeguard residents from court-ordered property seizures unless they’ve been convicted of a crime. Lucido contended its passage would affect hundreds annually. “We have people that get their property taken by police who are not detached, neutral magistrates or judges,” Lucido said. “That’s violation of property rights 101. … It’s called due process under the Fourth amendment and the 14th amendment.”   Lucido noted law enforcement — specifically through task forces like the Traverse Narcotics Team — have been overly empowered by laws that allows police to confiscate property from those suspected to be involved with drugs. Michigan’s law enforcement agencies collected more than $244 million in gross forfeiture proceeds between 2001 and 2013, averaging about $19 million per year, according to a report from the Institute for Justice. And none required a conviction. Police agencies, in turn, are authorized by law to offload those assets and keep a portion of the proceeds to buy equipment and “enhance all law enforcement activities.” Records show TNT seized at least $400,000 during the past six years. The bill would prohibit forfeitures unless a suspect is found guilty of a crime in court, amending a section of an existing state law. It would take effect next year if passed into law, and would only apply to seizures under $50,000. “$50,000 is a little bit much to have in your pocket,” Lucido explained. Local and state officials — including those who soon could be stripped of their authority to confiscate property — have praised the spirit of the bill. Others, while recognizing need for further reform, were hesitant to endorse the changes. “It would be easier for us and more fair to those who are having their property forfeited to have a criminal conviction,” said Grand Traverse County Undersheriff Nate Alger. “Our system is based on being innocent until proven guilty.” Attorney General Bill Schuette this week said conviction before seizure is a “good principle” to maintain. County Prosecutor Bob Cooney noted most local forfeiture cases include a criminal conviction but said current laws force them to continue. “I wish the state would better fund narcotics teams and not incentivize them in anyway to go after forfeiture dollars,” Cooney said. “At the same time, those laws were set up to take away profits from those selling illegal drugs. That’s the idea.” Lucido’s bill eliminates the requirement people negotiate for the return of their possessions but some officials — like Kalkaska County Prosecutor Mike Perreault — are concerned it could unfairly entwine property seizures with plea bargains. His office tries to avoid forfeiture altogether. The bill could connect those cases with criminal matters and force him into the business regardless, he suggested.   “I’m a little concerned that by tying them to a criminal conviction, it’s going to bring me people who try to barter their way out of things,” Perreault said. “I could also see the argument then that we’re only prosecuting people to take their stuff.” Advocacy groups for years have lobbied against statutes that allow civil forfeiture cases to proceed. Some contended they disproportionally impact lower income residents because of often costly legal battles attached to reclaiming property. Others have said seizures lead to “policing for profit” because police, in most cases, can keep the proceeds for their own department. Michigan State Police officials have contended the concept helps save taxpayer dollars and deprives criminals of cash. State Rep. Larry Inman said he supports Lucido’s bill and noted police shouldn’t be able to keep property without a conviction. Benzie County Sheriff Ted Schendel said “common sense” dictates police first need to prove someone guilty of a crime. “I know forfeiture is a huge asset, especially for drug enforcement teams. There’s never enough money to fund those things,” Schendel said. “But I like to err on the side of the people and the Constitution.” A legislative analysis contended the bill would have an indeterminate fiscal impact for law enforcement. It noted its passage likely would result in declined forfeiture-related revenues and impact federal revenue sharing for Michigan State Police. The bill — introduced last week in the House — was recently referred to the Committee on Judiciary. Lucido said lawmakers soon will hear testimony as it pushes forward in the legislature. Visit record-eagle.com for continued coverage.
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Our community blogs

  1. CBD raids

    Just as a landmark cannabidiol lawsuit headed to court this week, police in Tennessee carried out the largest known CBD raids in history: 23 businesses were closed and 21 individuals were cited for selling illegal marijuana products.

    The raids, largely at tobacco shops selling candies and vape pens containing CBD, happened outside Nashville.

    The raids didn’t sweep up any producers or processors, but they put the fledgling hemp industry in Tennessee on notice.

    Like other states, Tennessee allows hemp growing and CBD production and has a small but thriving extraction industry.

    But CBD possession in the Volunteer State is limited to those with certain medical conditions.

    “You bet this is going to spark a few bills” in the state legislature, said Harold Jarboe, a Tennessee hemp grower who wasn’t affected by the raids.

    “Tennessee has one of those ‘wink-wink, nudge-nudge’ CBD laws, so hopefully this will change that.”

    Until CBD’s legal status is clarified, Jarboe said, the hemp industry needs to avoid looking like it’s trying to appeal to children and maybe avoid even using the letters C-B-D.

    “We’re trying to make a health product, so we don’t do vapes, we don’t do candy,” Jarboe said. “We call it ‘hemp extract.’ It saves a lot of headaches.”

    https://mjbizdaily.com/week-review-alcohol-tobacco-enter-cannabis-sector-detroits-mmj-issues-tennessee-cbd-raids/

     

    Quote

    January 24, 2018


    ATTORNEY GENERAL OPINION NO. 2018- 5

    Stephen M. Howe, District Attorney
    Johnson County District Attorney's Office
    100 N. Kansas
    Olathe, KS 66061
    Michael F. Kagay, District Attorney
    Shawnee County District Attorney’s Office
    200 SE 7th Street, Room 214
    Topeka, KS 66603

     

    Re: Crimes and Punishments—Crimes Involving Controlled Substances—Unlawful
    Possession of Controlled Substances; Cannabidiol
    Public Health—Controlled Substances—Uniform Controlled Substances Act—
    Substances Included in Schedule I; Cannabidiol

    Synopsis: Under Kansas law, it is unlawful to possess or sell products or substances
    containing any amount of cannabidiol. It also is unlawful to possess or sell
    products or substances containing any amount of tetrahydrocannabinol. Cited
    herein: K.S.A. 2017 Supp. 21-5701; 21-5706; 65-4101; 65-4105, 65-4107, 65-
    4109, 65-4111, 65-4113.

    * * *

    Dear Mr. Howe and Mr. Kagay:

    As District Attorneys for Johnson County and Shawnee County, respectively, you request our
    opinion on whether cannabidiol (also known as CBD) oil that does not contain
    tetrahydrocannabinol (THC) is legal to possess and/or sell in Kansas. While there is no  standardized definition for “CBD oil,” we construe the term to mean oil containing cannabidiol.

    You also ask if there is a threshold for THC content that would make a product legal to possess
    and/or sell in Kansas. For the reasons described below, we believe it is unlawful to possess or
    sell products or substances containing any amount of cannabidiol. It also is unlawful to possess
    or sell products or substances containing any amount of THC.

     

    Background

    We believe some general background will be helpful to the understanding of the issues.
    The cannabis plant has approximately 109 cannabinoids.1 Cannabinoids2 are most abundant
    in the flowering tops, resin, and leaves of the cannabis plant.3 Further, “cannabinoids are not
    found in parts of the cannabis plant that are excluded from the [federal Controlled Substances
    Act]

     

    4 definition of marijuana, except for trace amounts (typically, only parts per million) that may
    be found where small quantities of resin adhere to the surface of seeds and mature stalk.”5
    Cannabinoids may come in different forms for administration. Marijuana leaves may be smoked
    as a cigarette or in a pipe. Hashish consists of the dried and compressed cannabinoid-rich
    resinous material of the cannabis plant. Hash oil is produced by solvent extraction of the
    cannabinoids from the cannabis plant material.6

    Finally, the Kansas Uniform Controlled Substances Act7 (KUCSA) classifies controlled
    substances into five Schedules.8 Schedule I drugs are substances that currently have no
    accepted medical use in treatment in the United States, have a high potential for abuse, and lack accepted safety for use of the drug or other substance under medical supervision.

     

     1 Mariotti, K.C., et al., Seized Cannabis Seeds Cultivated in Greenhouse: A Chemical Study by Gas
    Chromatography–Mass Spectrometry and Chemometric Analysis, 56 Science & Justice, 35-41 (January 2016). 2 “Cannabinoid: any of various chemical constituents (such as THC or cannabinol) of cannabis or marijuana.”
    https://www.merriam-webster.com/dictionary/cannabinoid; accessed on December 26, 2017.

    3 DEA Diversion Control Division, Clarification of the New Drug Code 7350 for Marijuana Extract,
    https://www.deadiversion.usdoj.gov/schedules/marijuana/m_extract_7350.html; accessed December 10, 2017,
    citing H. Mölleken and H. Hussman, Cannabinoid in Seed Extracts of Cannabis Sativa Cultivars, J. Int. Hemp Assoc.
    4(2), pages 73-79 (1997).

    4 The federal Controlled Substances Act (CSA) definition of marihuana [sic] and the Kansas Uniform Controlled
    Substances Act definition are similar. The CSA states, “The term ‘marihuana’ means all parts of the plant Cannabis
    sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every
    compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does
    not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of
    such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except
    the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of
    germination.” 21 U.S.C. §802(16).

    5 DEA Diversion Control Division, Clarification of the New Drug Code 7350 for Marijuana Extract,
    https://www.deadiversion.usdoj.gov/schedules/marijuana/m_extract_7350.html; accessed December 10, 2017,
    citing H. Mölleken and H. Hussman, Cannabinoid in Seed Extracts of Cannabis Sativa Cultivars, J. Int. Hemp Assoc.
    4(2), pages 73-79 (1997); See also, S. Ross et al., GC-MS Analysis of the Total Δ9-THC Content of Both Drug- and
    Fiber-Type Cannabis Seeds, 24 J. Anal. Toxic. 715-717 (2000). 6 81 Federal Register 53688, 52699 (August 12, 2016) (Denial of Petition To Initiate Proceedings To Reschedule
    Marijuana). 7 K.S.A. 65-4101 et seq. 8 See K.S.A. 2017 Supp. 65-4105, 65-4107, 65-4109, 65-4111, and 65-4113; See also, 21 USC § 812.
     

    9 Marijuana and its cannabinoid components are Schedule I drugs.10
    Cannabidiol


    Under the KUCSA, “marijuana” is defined in K.S.A. 2017 Supp. 65-4101(aa) as:
    [A]ll parts of all varieties of the plant Cannabis whether growing or not, the seeds
    thereof, the resin extracted from any part of the plant and every compound,
    manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.
    It does not include: (1) The mature stalks of the plant, fiber produced from the
    stalks, oil or cake made from the seeds of the plant, any other compound,
    manufacture, salt, derivative, mixture or preparation of the mature stalks, except
    the resin extracted therefrom, fiber, oil or cake or the sterilized seed of the plant
    which is incapable of germination; or (2) any substance listed in schedules II
    through V of the uniform controlled substances act.11

    The definition of marijuana under the Kansas Criminal Code in K.S.A. 2017 Supp. 21-5701(j) is
    identical to the above definition under the KUCSA.


    By reading the plain words used by the Legislature, under the identical definitions in K.S.A. 2017
    Supp. 65-4101(aa) and K.S.A. 2017 Supp. 21-5701(j), marijuana is anything derived from any
    variety of the cannabis plant that is not excluded by definition, or excluded because it is a
    substance listed in schedule II through V. Thus, the first step is to determine if cannabidiol fits
    within the general definition of marijuana. If it does, then we will determine whether any of the
    exclusions apply.

     


    Cannabidiol is one of the identified cannabinoids unique to the cannabis plant.12 It is a chemical
    compound of marijuana with a very specific chemical structure.13 Cannabidiol expression is
    typically limited to the flowering tops of the cannabis plant,14 but it also may be found in the
    resin and leaves of the cannabis plant.15 All of these are parts of the cannabis plant that are not
    excluded from the Kansas definition of marijuana. Cannabidiol has been found in trace amounts
    on seed and mature stalks where small quantities of resin adhere to the surface of seeds and
    mature stalk.16 It appears to us that cannabidiol is not endogenous in the seeds and mature
    stalk of the cannabis plant.

     9 See 21 USC § 812.

    10 K.S.A. 2017 Supp. 65-4105(d)(17).

    11 Emphasis added. 12 Mariotti, K.C., supra, footnote 1. 13 Cannabidiol is defined by its chemical name in K.S.A. 2017 Supp. 65-4111(f)(3) as 2-[(1R,6R)-3-Methyl-6-(1-
    methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol. 14 Mead A., The Legal Status of Cannabis (Marijuana) and Cannabidiol (CBD) Under U.S. Law, Epilepsy & Behavior
    Journal, Volume 70, Part B, pages 288-291 (May, 2017).
    15 DEA, supra, footnote 5.

     

    Our review of literature on the subject leads us to conclude that cannabidiol is derived from the
    parts of the cannabis plant that are not excluded from the definition of marijuana, or is derived
    from resin found on any part of the plant, and therefore fits squarely within the general definition
    of marijuana. Cannabidiol is marijuana as defined by K.S.A. 2017 Supp. 65-4101(aa) and K.S.A.
    2017 Supp. 21-5701(j).

     


    We turn to the question of whether cannabidiol fits under either exclusion found in the definition
    of marijuana. We note that certain parts of the cannabis plant are excluded from the definition
    because cannabinoids are not found in the excluded parts (except in the resin in trace
    amounts).17

     

    The first exclusion is found in K.S.A. 2017 Supp. 65-4101(aa)(1) and K.S.A. 2017 Supp. 21-
    5701(j)(1). The parts excluded from the definition of marijuana are, 1) the mature stalks, 2) fiber
    from the stalks, 3) oil or cake made from the seeds of the cannabis plant, 4) any other compound,
    manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin
    extracted from the mature stalks), fiber, oil, or cake, made from the seeds of the cannabis plant
    and 5) a sterilized seed of the plant which is incapable of germination.

     

    The general definition of marijuana and the first exclusion are mutually exclusive. Cannabidiol
    is found in the non-excluded parts; therefore it falls squarely in the general definition of
    marijuana. If cannabidiol is found on the seeds or stalks, it is as a result of contact with the resin
    produced by the cannabis plant.18 Resin, extracted from any part of the plant, is specifically
    included in the general definition of marijuana. Additionally, the Legislature included a clarifying
    but arguably superfluous exception in the first exemption that resin extracted from the mature
    stalks, an irrefutable part of the cannabis plant, falls within the definition of marijuana.

    Because your question specifically asks about CBD oil, we will address the excluded parts
    enumerated in 3 and 4, specifically. Number 3 excludes from the definition oil made from the
    seeds of the cannabis plant, and number 4 excludes a compound, manufacture, salt, derivative,
    mixture or preparation of the oil made from the seeds. These excluded parts seem to contradict
    the general definition’s inclusion of cannabis seeds. The inclusion of cannabis seeds in the
    general definition is logical because the seed is capable of germination and therefore capable
    of producing a cannabis plant. Whereas, in processing the seed to extract the seed oil, the seed
    is crushed and is no longer capable of germination. The product created when the seed is
    crushed to extract oil could be called cannabis seed oil. Cannabis seed oil, however, does not
    contain cannabidiol, except possibly in trace amounts, because cannabidiol is not found in the
    cannabis seed. Cannabis seed oil is excluded from the definition of marijuana. However, if
    cannabidiol is found on the seeds, it is from the resin adhering to the seeds, and resin from
    excluded parts of the cannabis plant is still marijuana. Cannabis seed oil containing cannabidiol
    would fall within the definition of marijuana and is unlawful to possess or sell.

    Finally, if cannabidiol is found in oil produced by extraction from the cannabis plant material, the
    compound falls within the general definition of marijuana as defined by K.S.A. 2017 Supp. 65-
     17 DEA, supra, footnote 5 and 15. 18 Id.

    4101(aa) and K.S.A. 2017 Supp. 21-5701(j), and it is unlawful to possess or sell such products or substances.

    The other exclusion is found in K.S.A. 2017 Supp. 65-4101(aa)(2) and K.S.A. 2017 Supp. 21-
    5701(j)(2). This exclusion provides that any substance listed under Schedules II through V is
    not included in the definition of marijuana.

    In 2017, the Legislature enacted a very narrow and specific instance where cannabidiol that
    does not contain THC is a Schedule IV controlled substance rather than a Schedule I controlled
    substance.

    19 K.S.A. 2017 Supp. 65-4111(f)(3) prospectively makes cannabidiol a Schedule IV
    drug “when comprising the sole active ingredient of a drug product approved by the United States
    food and drug administration.” As of this writing, the Food and Drug Administration has not
    approved such a drug product.20 Therefore, at this time, any substance containing cannabidiol
    is not excluded from the definition of marijuana by K.S.A. 2017 Supp. 65-4101(aa)(2) or K.S.A.
    2017 Supp. 21-5701(j)(2).

    Because neither of the exceptions apply to cannabidiol, and cannabidiol is derived from the nonexempt
    parts of the cannabis plant or from the resin found on any part of the plant, it falls squarely
    within the definition of marijuana. Thus, cannabidiol is a Schedule 1 drug, and the possession
    and sale of any amount is prohibited under Kansas law.

    21 Tetrahydrocannabinol THC is another cannabinoid unique to the cannabis plant.


    The Kansas criminal laws regarding unlawful possession of controlled substances are found in
    Chapter 21, Article 57 of the Kansas Statutes Annotated. K.S.A. 2017 Supp. 21-5706(b)(7)
    provides, “t shall be unlawful for any person to possess … any substance designated in K.S.A.
    65-4105(h) [Schedule I], and amendments thereto.” K.S.A. 2017 Supp. 65-4105(h)(1)
    specifically lists THC as a substance included in Schedule I. We note that the criminal law does
    not quantify an amount of the THC that must be possessed to make it unlawful. Indeed, case
    law has held that possession of residue was sufficient to uphold a conviction for possession of
    THC.23 Therefore, we conclude that it is unlawful to possess or sell products or substances
    containing any amount of THC.

     19 K.S.A. 2017 Supp. 65-4111(f)(3), L. 2017, Ch. 57, § 6, 2017 Senate Bill 51. The prescribing and dispensing of
    any such prescription medication is regulated by the Pharmacy Practice Act in Chapter 65, Article 16 of the Kansas
    Statutes. 20 See FDA News Release https://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm583295.htm;
    accessed on December 10, 2017.
    21 K.S.A. 2017 Supp. 21-5706(b)(3).
    22 Mariotti, K.C., supra, footnote 1 and 12.
    23 See State v. Delarosa, 48 Kan. App. 2d 253, 257 (2012). 

     

    Stephen M. Howe and Michael F. Kagay
    Sincerely,
    /s/Derek Schmidt
    Derek Schmidt
    Kansas Attorney General
    /s/Athena E. Andaya
    Athena E. Andaya
    Deputy Attorney General
    DS:AA:sb

    https://ag.ks.gov/docs/default-source/ag-opinions/2018/2018-005.pdf

     

    Federal appeals court hears hemp industry lawsuit challenging DEA’s position on CBD

    PUBLISHED:  • UPDATED: 

    By Alicia Wallace, The Cannabist Staff

    The fate of a federal rule viewed by hemp advocates as an existential threat to their emerging industry is now in the hands of a three-judge panel.

    The 9th U.S. Circuit Court of Appeals in San Francisco heard oral arguments Thursday in the Hemp Industries Association’s petition challenging the U.S. Drug Enforcement Administration’s January 2017 rule creating a Controlled Substances Code Number for “marihuana extracts.”

    DEA officials claim the rule is administrative in nature and helps the agency better track research and meet international drug treaty requirements.

    Attorneys for a hemp industry trade association and hemp businesses argue that the DEA conflated the terms “marijuana” and “cannabis,” ultimately creating a rule that can be interpreted as scheduling cannabis and cannabinoids as illegal substances. They blame the rule for a rash of seizures of cannabidiol products.

    The DEA’s rule epitomizes “government overreach” and stands in opposition to intervening legislation, Robert Hoban, a Denver-based attorney representing the hemp industry, told the 9th Circuit Court judges.

    “There was a seismic shift in United States cannabis policy in 2014 with the enactment of the Farm Bill, specifically Section 7606, involving industrial hemp,” said Hoban, a principal of Hoban Law Group. “And that seems to have created some confusion, perhaps, with the Drug Enforcement Administration.”

    Hoban claimed that confusion extended to other federal, state and local enforcement agencies, which have since seized products such as hemp-derived, CBD-rich extracts.

    “We’ve seen this drug code utilized week after week since it’s enactment to seize, to cause criminal enforcement against lawful operators who require no DEA registration,” Hoban said.

    Sarah Carroll, an attorney for the U.S. Department of Justice, countered that the language of the rule, follow-up guidance and court briefings expressly state that the code number applies only to the controlled parts of the cannabis plant that are within the Controlled Substances Act definition of marijuana.

    “It does not apply at all to the parts that Congress exempted,” she said.

    If other enforcement agencies acted out of step with DEA-issued rules and guidance, the “remedy would be to challenge that seizure,” she said.

    The judges will review the arguments and briefs filed in the case, which include an amicus brief filed last month by 28 members of Congress. It could be months before an opinion is released, Hoban Law Group attorneys have said.


    Timeline

     

    Hemp Industries Association et al v. Drug Enforcement Administration

     

    December 2016: New DEA rule on extracts, CBD causes commotion in cannabis industry

    January 2017: Legal challenge filed against DEA’s new marijuana extract rule

    April 2017: Hemp lawsuit in federal court alleges DEA overstepped on “extracts” rule

    June 2017: DEA seeks dismissal of hemp industry lawsuit fighting drug code for “marihuana extracts”

    July 2017: With DEA digging in its heels on “marihuana extracts,” legality of CBD oil on trial in federal courts

    July 2017: DEA statement on CBD, hemp products and the Farm Bill

    July 2017: CW Hemp’s Joel Stanley says DEA position statement on CBD, hemp and Farm Bill “reckless and illegal

    January 2018: Hemp industry lawsuit challenging DEA’s position on CBD picks up support of 28 U.S. legislators

    https://www.thecannabist.co/2018/02/15/cbd-hemp-dea-marijuana-extracts-lawsuit-federal-appeals-court/99168/

  2.  

     

     

    BUSTED: Forfeiture Laws Encourage Policing For Profit

    By Charmie Gholson

    Published Fall 2010

    The Midwest Cultivator

     

    Ed Boyke, a former General Motors employee who served in the Navy, became disabled in 1996 after undergoing two brain surgeries due to a tumor and epilepsy. 

    Boyke was approved for medical marijuana due to severe sciatica due to a pinched nerve. He was diagnosed by the Mayo clinic in Minnesota and is caregiver for himself and for one additional patient.

    On April 15, Boyke stepped outside of his Saginaw Township home and was surrounded by Saginaw County Sheriff’s deputies and U.S. DEA Agents. With weapons drawn, they served Boyke with a federal warrant to search his residence, based on confidential information that he had violated marijuana laws. They handcuffed Boyke while they executed the warrant.

    The DEA agents surveyed his home, said they wouldn’t pursue the case and left. The Saginaw County sheriffs department stayed to “see if he’d broken any state laws,” and according to Boyke, “started tearing the place apart.” They smashed his grow operation and a humidifier, dumped out dresser drawers and emptied closets in two rooms. They taunted him about who he voted for in the last presidential election.

    When the officers left, they took with them:  two lawn mowers, a leaf blower, an air compressor and generator from his garage, his 2008 Chevy Impala, $62 from his wallet, his marijuana plants, hunting rifles and ammo, his harvested marijuana, Boyke’s medical marijuana card and paperwork, a generator, a paint sprayer, a dehumidifier, growing apparatuses, scales and a 42-inch Panasonic TV. “They asked me for the key to my girlfriend’s car too, but I didn’t have it,” he says. “They told me I was lucky ‘cause they would have taken that too.”

    The deputies returned the next day and asked Boyke how much money he had.

    “When they came back the next day threatening to take a lien on my house,” Boyke recalls, “I called this one lawyer, Tom Frank in Saginaw and asked him about the $5,000 they wanted from me. He said, ‘I’ll run over and talk to them.’”

    Frank didn’t call him Boyke back; instead the detectives called and asked if he had the money. “I was worried because they were threatening to take my house,” he says. “That Sheriff said ‘Make sure it’s cash, then we’ll bring your stuff back.’”

    Boyke gave them $5,000 in cash, and they returned his car, the lawn mowers, leaf blower and air compressor but they didn’t return his TV or rifles. He says everything except the car was old junk from the garage. One of the rifles, however, was a present and heirloom. Boyke’s wife passed away at the age of 36 and the rifle had been a gift from her father. He says he pleaded with the department to return, “ just that rifle, but they told me, ‘your guns are gone.’”

    “They didn’t give me a receipt,” he says. “I had to go down and get that myself.” The receipt is for storage and impound charges.

    Michigan forfeiture laws require contesting property owners to file a claim with the county clerk within 20 days of a seizure, a copy of the claim with the prosecutor’s office, and pay a bond, ranging between $250 and $5,000, which is reimbursed if they appear in court. When Boyke learned this, and after reading in the paper that he had received legal advice prior to paying his “impound and storage” charges, he was furious. He hadn’t received legal advice. He drove to Franks' office.

    “Frank told me he didn’t tell the sheriff he was my lawyer,” Boyke says, “but Frank could have told me I had twenty days, the detectives could have told me, I would have disputed it, but they didn’t tell me bunny muffin. I don’t know those laws, I’m not a lawyer, and that lawyer never called me back.”

    Saginaw County Sheriff’s Detective Sgt. Randy F. Pfau told the Saginaw times that no one forced Boyke to pay for the return of the items. Property owners “have every right to take it to a formal hearing with a judge,” Pfau said. “By coming in and paying that $5,000, he’s waiving that right.”

    Saginaw County Sheriff William L Federspiel says medical marijuana users are not his department’s targets. “I wish we could just say, ‘Hey, this guy’s got a card, don’t even bother with it,’ but unfortunately we don’t have that option,” Federspiel told The Saginaw News. “So we follow through, because you know what, it’s still against the law, unless you have the medical marijuana card.”

    But Boyke did have a medical marijuana and caregiver card, until police confiscated it during the raid.

    Pfau also said it is department protocol for deputies to destroy or seize all marijuana-growing related items when they perform a search or seizure at a suspected grow operation.

    Federspiel maintains the department’s investigation indicated Boyke was in violation of the law, illegally possessed marijuana and was thereby subject to forfeiture law. To date, however, Boyke has not been charged with any crime. According to Michigan state forfeiture laws, he may never be.

    GUILTY UNTIL PROVEN INNOCENT

    Michigan’s civil asset forfeiture laws are some of the most egregious in the country. In March 2010, The Institute for Justice released Policing for Profit: The Abuse of Civil Asset Forfeiture, the most comprehensive national study to examine the use and abuse of civil asset forfeiture, and the first study to grade the civil forfeiture laws in all 50 states and the federal government. Only three states receive a B or better. Michigan received the lowest score possible: D-.

    Americans are supposed to be innocent until proven guilty, but civil forfeiture turns that principle on its head. With civil forfeiture, your property is guilty until you prove it innocent.

    The report chronicles how state and federal laws leave innocent property owners vulnerable to forfeiture abuse. These laws encourage law enforcement to take property to boost their budgets. The report finds that by giving law enforcement a direct financial stake in forfeiture efforts, most state and federal laws encourage policing for profit, not justice.  

     In Michigan, law enforcement receives all proceeds of civil forfeiture to enhance law enforcement efforts, creating an incentive to pursue forfeiture more vigorously than combating other criminal activity. The report says Michigan multi-jurisdictional task forces work extensively with district attorneys and police departments to forfeit property, resulting in more than $149 million in total forfeiture revenue from 2001 to 2008.

    Americans accused of using drugs also have much to fear from informants, such as the “concerned citizen” that tipped police to Ed Boyke’s “illegal activity.” Asset forfeiture laws allow police to seize money and property from anyone merely accused of drug activity.

    In 2007, Saginaw Sheriffs and Prosecutors reported earning $53,797 net proceeds from their multijurisdictional drug task forces, like the ones who raided Boyke.

    2008 proceeds totaled $75,598.

     

     

    ed boyke.jpg

  3. I’ve heard the arguments and five years ago I would have been right there with you – I mean why worry about – or goodness forgive- even consider keeping good accounting records? Why take the risk for one in keeping a “paper trail”, and two, why bother to pay taxes when your activities are federally illegal anyway?  It’s not usually a good use of common sense to pay someone who tells you what you are doing is wrong, right?

    That is the mindset I’m intending to help change.  No one likes paying taxes.  As a sole proprietor, not only do you pay federal and state income tax, but you also pay employment taxes.  For the average business owner, this could top nearly 45% or more in effective tax rate.

    To start, let me opinionatedly state that in no way do I support the high amount of taxes anyone has to pay.  However, I do support following the law, which includes tax law (and also includes laws that States enact based on popular vote that are in the best interest of their citizens, regardless if they are contrary to federal laws). More importantly though, I support upholding business best practices, ethics, positive intentions, fairness, and fiscal responsibility. 

    A business-like Caregiver who does not keep good financial records or file tax returns is not following these traits as any other business owner would be expected to do.  That’s okay.  But now is the time to change that. 

    By “Business-Like Caregiver”, I am referring to licensed Caregivers who produce profit with their activities.  So, for example - if soil, nutrients, water, packaging, etc. cost $100 per jar of flowers and the Caregiver charges $150 (or even $105) for producing the contents of that jar, then they are a profit seeking and “business-like Caregiver”.  Any excess charged for services that does not exactly cover expenses is a profit.  

    So why is it time for business-like Caregivers to embrace accounting?  Here are a few reasons to consider…

    1)    There is now an example to follow with commercially licensed businesses soon to be in Michigan.  These businesses are required to keep complete and accurate financial records. If a Caregiver’s activities mimic a commercial Cultivator or Processor, even on a much smaller scale, shouldn’t their financial records do the same?

    2)    An individual cannot apply for a commercial license without three years of tax returns and financial information. What if in the next 3 years, you, as a business-like Caregiver, decide to jump to a commercial aspect?  Or even possibly open a recreational storefront in 2019? 

    I work with clients now who are planning to jump to commercial status but still remain small – 100-200 plants – what if this is something that you decide to do someday as well?

    3)    Business best practices require good record keeping – just because growing medical marijuana is federally illegal, doesn’t mean a business-like Caregiver is exempt from following other standards. Every business owner (or business) should pay taxes.  None are in any different position than another under tax law in the fact that they could consider themselves “tax exempt” (unless of course they have received tax exempt status form the IRS)! 

    4)    Tax evasion is a federal crime too – with interest and penalties.  Growing responsibly within Caregiver/Patient plant counts and following State medical marijuana laws is a great thing. Evading taxes is not.

    5)    It’s time to step it up, and come out of the shadows.  This is my favorite reason.  Things have come a long way in the medical Cannabis world.  If a business-like Caregiver is following Michigan law, they have all documented records as they should, and are not looking for trouble to begin with (intentionally pushing or exceeding boundaries), then it’s time to come out of hiding.  Keep accounting records online/digitally, where only you know the password, if a hard copy paper trail is out of the question. But consider the business and cultural aspect of acceptance in Michigan that is now here.  A black market, and related negative stigma, does not have to exist in a world that is constantly creating itself.

    6)    Because we know Cannabis and corporatism never were very friendly together. Why let big business take over this landscape? – The only reason they would is because they do things “legitimately” on paper.  Beat them at their game.  If Cannabis is going to be in business, help make sure it is done right.  Continue to advocate for betterment.

    7)    And finally – because accounting is like a one of a kind puzzle – telling the story piece by piece of a business in balanced numerical harmony – to help with decision making, planning, knowing financial stability, and being the supporting backbone of business operations, integrity and financial prudence. Why wouldn’t a business owner want to show that?

    These are just seven reasons – but there are many more.  If you are a business-like Caregiver and the points in this post hold meaning for you, please do not hesitate to reach out if you would like to discuss further.  We are passionate about this industry and want to see it succeed – especially by the individuals who have helped make the foundation strong in the first place.

    If you want to ease into keeping good accounting records, we created a set of tutorials to help small to medium sized business-like Caregivers learn to do their own accounting at home, in a complete, step by step format based on real life scenarios.  Please visit LCSAccountingOnline.com for more information.  The tutorials are written based of former growing experience and cover all common business-like Caregiver activities, plus much more.

    Or, please contact us at LCSolutionsMichigan.com to speak more in-depth about accounting needs or concerns you may have.

     

    Thank you for reading,

     

    Kareyna L. Miller, CPA

    President, LC Solutions Michigan PLLC

     

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    If you have ever been curious about medical marijuana and done any research, then you know that one of the major compounds in the cannabis plant that is medically useful is the phytocannabinoid cannabidiol. While THC does have its medical uses, THC is psychoactive and produces the “high” that some people are familiar with when it comes to marijuana. Cannabidiol is not psychoactive, but does provide relief for millions of people around the world. Here are ten frequently asked questions about cannabidiol and the answers.

    1. What is CBD?

    Of the 113 known active phytocannabinoids in the cannabis plant, cannabidiol (CBD), makes up the majority – coming in at about 40% of the plant’s extract. Though it may be the most prevalent compound, it is unlike its partner compound, tetrahydrocannabinol (THC) in that cannabidiol is not psychoactive. CBD is the phytocannabinoid that stopped a seizure in its tracks on national television. It also helps to soothe pain and anxiety. Medical science is also looking at this compound as a neuroprotectant and an anti-tumoral agent.

    2. What Conditions or Symptoms Can CBD Oil Relieve?

    Cannabidiol is a versatile phytocannabinoid. Though it is tough to do medical research on cannabidiol because it can affect so many of the body’s pathways at once, patients with the following conditions have reported relief from cannabidiol: cancer, diabetes, Parkinson’s disease, Fibromyalgia, Osteoporosis, and various pediatric conditions. Anxiety, epileptic disorders, and psychiatric disorders are three of the top conditions medical research is using cannabidiol to treat.

    3. Will CBD Show Up on a Drug Test?

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    Drug tests for employment are a fact of life for many Americans. However, the majority of drug tests are looking for the psychoactive compound tetrahydrocannabinol (THC). Though high-CBD strains of marijuana can contain traces of THC, if you are using CBD oils or hemp extracts, the drug screen should not pick up the trace amounts of THC. However, keep in mind that this is only the case with hemp-based products, since hemp contains very little THC, but is high in CBD.

    4. Is CBD Psychoactive?

    No. CBD is the most prevalent cannabinoid in the cannabis plant, but it is tetrahydrocannabinol that is the psychoactive compound. CBD compounds are mainly derived from the hemp plant, which is a high CBD strain of cannabis. There is typically very little THC in high CBD strains of the plant.

    5. Can You Vape CBD?

    In a word, yes! You can get high-CBD strains of marijuana buds as well as oils and extracts. So, bring out your vape pen, your mod, or your desktop vaporizer and get to it! Make sure that you are vaping the appropriate material for your machine, though. Some pen vapes and mod vapes only support the vaping of either wax, oil, or dry herb. There are some models that will support all three with a simple change of the tank, atomizer, or chamber.

    6. What Forms Does CBD Come In?

    The most often used format for cannabidiol is oil, which patients either smoke or vaporize. High-CBD strains of bud also exist. Other popular forms of CBD are tinctures, edibles, and topicals. Tinctures are often placed under the tongue while topicals are typically used as a balm and rubbed on the skin. Edibles, of course, are eaten.

    7. Can I Buy CBD Products Online?

    This is a bit of a trick question. Keep in mind that the cannabis plant – and all its extracts – including cannabidiol – are still illegal under federal law. This essentially makes shipping CBD products from state-to-state illegal. If a website is stating they will ship to any state, including non-medical states, they are not likely using the same CBD oil as medical therapy utilizes. They are likely deriving their CBD product from the hemp plant – which is legal to import and ship – but not to grow in the United States – and treating it with harsh processes to extract enough cannabidiol for their products. Currently, there are no standards set forth by the FDA about how much cannabidiol has to be in a product to claim the product is a “CBD Product.” So, purchase online at your own risk.

    8. Do I Need a Medical Marijuana Card to Buy CBD?

    Renew-Medical-Marijuana-Card-Online.jpeg

    This is another one of those yes and no answer questions. If the CBD is hemp-based, then no. However, keep in mind that the hemp plant has relatively low amounts of CBD when compared to cannabis plants. The CBD derived from the hemp plant will be several times less potent than CBD that is derived from cannabis. To purchase medical marijuana products in states where medical marijuana is legal, you do need a Medical Marijuana Card.

    9. Can You Overdose on CBD?

    In a word, no. Even at doses of 700mg to 1500mg per day, there was no toxicity shown for cannabidiol. There have been no known deaths reported due to overdosing on CBD or cannabis despite decades of research into the toxicity of the plant.

    10. How Do I Store My CBD? What is the Shelf Life of CBD?

    Depending on the form you decide to take it in – CBD should be stored appropriately. For the oil, it should be stored in a dry area away from heat. Edibles should be stored as directed and eaten before their expiration date, as with any food. The typical shelf life of cannabidiol oils and products can vary by manufacturer, so check expiration dates. However, most are good for up to 2 years.

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    Regarding the Supreme Court decision in People v Hartwick and People v Tuttle, I offer the following agreement that might be used between any patient and any caregiver. Both can benefit from it under any circumstance. It costs nothing but time, ink, and paper, and offers added protection in the event you are arrested and tried for marijuana use if and when you need it. You can find the ruling in Tut/Wick here: http://courts.mi.gov...71 Opinion.pdf. Footnotes 77 and 78 lay out that this type of documentation is admissible, and even necessary, evidence in any prosecution regarding marijuana.

    Please note that the agreement covers two of three necessary elements of the Affirmative Defense found in sec. 8 of the law, i.e., that you and your doctor have met and concluded a bona fide medical exam and you have been certified to use marijuana, and that patients and caregivers are engaged in medical use to treat or alleviate a patient's condition or symptoms. The third element is to adhere to the requirement that an amount not more than necessary is held in possession. I have suggested that twelve oz is an amount not more than necessary to supply a patient who uses a zip a month for a year, and would welcome any reasonable argument otherwise. To this point I have had no takers.  It also intends to prevent the need to have a physician testify, which is not advised except if necessary to provide evidence at trial, saving time, trouble, and expense. Furthermore, it is best not to have any witness for the defense questioned by a prosecutor for obvious reasons. It intends to establish the required prima facie evidence of a bona fide physician patient relationship without a physician present. It will be necessary to require your physician to sign his or her proof found in the supporting documents. If not, the court ruled that the actual text of the physician statement submitted as part of the registration process might suffice. Registry cards do not. It would nonetheless be best to have both registration and this or a similar written agreement. The agreement requires notarization. Your bank provides notary services to its customers free. Many physician offices have a notary on their office staff, and all attorneys have a notary on board. It is admissible under the Michigan Rules of Evidence as self authenticating notarized evidence (MRE Rule 902 (8)) and self authenticating Certified Records of Regularly Conducted Activity (MRE Rule 803 (6) and MRE Rule 902 (11)). 

    The agreement's tenets were used in the successful defense in State v Steven Fisher (http://komornlaw.com...n-8-opinion.pdf). He was found to have possessed a reasonable amount more than thirty pounds and in compliance with the other elements of the required defense.  It is not useful to only registered patients and caregivers, but also provides what the courts require as prima facie evidence in non registered sec. 8 defenses. Any patient or other person, registered or unregistered, can qualify as a caregiver under the definition found in the law (sec. 3(k)) to any patient, registered or unregistered, with or without connection through the registry per the definitions found in sec. 3 of the MMA. There are no limits in sec. 8 to the number of patients a caregiver can provide for nor caregivers a patient can have. Police officers and informants who enter into it are not able to entrap medical users.

    You will do well to ask an attorney re: any legal questions. I am not an attorney and have no professional relationship with anyone in that regard. It is my own work as informed musing if nothing else. It is not intended as legal advice. If anyone should want the added protection, something like this might be used in consultation with a trained attorney. I have no objection to anyone using it verbatim or edited. It, by itself, provides no protection from arrest and due process as sec. 4 state registration does.

     

     

    Patient/Caregiver Agreement to Engage in the Medical Use of Marijuana

     I,______________________________________, swear and affirm that I am a patient under the Michigan Medical Marihuana Act, MCL Initiated Law 1 of 2008.

    Dr._____________________________, a physician authorized under Part 170 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17084, or an osteopathic physician under Part 175 of the public health code, 1978 PA 368, MCL 333.17501 to 333.17556, physician license I.D. number____________________ , has stated that in the physician's professional opinion, on or about (date)___________________________, and after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, that I am likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate a debilitating medical condition or symptoms associated with the debilitating medical condition (copy attached) .

     I hereby designate_______________________________ as my caregiver under that law, and agree to conform to the Act in the medical use of marijuana to treat or alleviate a debilitating medical condition or symptoms associated with the debilitating medical condition

     I, ______________________________________, swear and affirm that I am at least 21 years of age and have agreed to assist with the above named patient's medical use of marijuana in accordance with that law. I have not been convicted of any felony within the past 10 years and have never been convicted of a felony involving illegal drugs or a felony that is an assaultive crime as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.

     

    Confidentiality: Each party agrees and undertakes that it shall not, without first obtaining the written consent of the other, disclose or make available to any person, reproduce or transmit in any manner or use (directly or indirectly) for its own benefit or the benefit of others, any Confidential Information, save and except that both parties may disclose any Confidential Information to their legal advisers and counselors for the specific purposes contemplated by this agreement. Presentment or disclosure of this information is not prohibited as required by law or in any prosecution pertaining to the medical use of marijuana.

     

     

    Subscribed and sworn before me this date: ____________________________

     

    Patient sign here: _________________________________

     

    Subscribed and sworn before me this date: ____________________________

     

    Caregiver sign here: ________________________________

     

    /s/_________________________________

     

    Print Notary Name: ________________________________

     

    Notary public, State of Michigan, County of _____________________

     

    My commission expires ___________________

     

    Acting in the County of ___________________

     

     

    DO NOT OVERLOOK the supporting documents. Use one or the other: https://sites.google...attredirects=0, which requires notarization, or https://sites.google...?attredirects=0

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    Not sure if this is old news, but I think with more states coming on is more relevant and much more of this type of situation will occur:

     

    http://www.npr.org/sections/health-shots/2016/07/06/484977159/after-medical-marijuana-legalized-medicare-prescriptions-drop-for-many-drugs

  4. Blogog

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    in 06/05/2009 there were 1,422 patient registration cards issued.

    in 11/23/2009 there were 5,778 patient registrations issued.

    in 12/11/2009 there were 6,439 patients registered

    in 01/27/2010 there were 8,004 patient registrations issued.

    in 04/06/2010 there were 11,835

    in 05/28/2010 there were 17,362

    in 07/02/2010 there were 20,548 patient registrations issued.

    in 08/27/2010 there were 26,387 patients registered

    in 11/24/2010 there were 43,292 patient registrations issued.

    in 03/11/2011 there were 59,950 patients registered

    in 05/06/2011 there were 75,521 patients registered

    in 06/10/2011 there were 80,829

    in 08/05/2011 there were 96,399 patient registrations issued

    in 10/31/2011 there were 120,597 registered patients

    in 01/31/2012 there were 131,483 registered patients

    in 09/30/2012 there were 121,043 active registered qualified patients.

    in 11/30/2012 there were 126,201 active registered qualified patients.

    in 12/31/2012 there were 124,417 active registered qualified patients

    in 01/31/2013 there were 126,739 active registered qualified patients.

    in 02/28/2013 there were 131,861 active registered qualified patients.

    in 04/13/2013 there were 135,267 active registered qualified patients.

    in 05/31/2013 there were 128,441 active registered qualified patients.

    in 12/04/2013 there were 118,368 active registered qualified patients.

    ( LARA fudging the numbers in 2013)

    in 2013 there were a total of 129,822 active registered qualified patients [10]

    in 09/23/2014 there were 146,811 patients (as reported by procon)[3]

    in 2014 there were 147,283 patients [10]

    in 02/15/2015 there were 165,000 active registered qualified patients [1]

    in 04/22/2015 there were 175,000 registered patients [2]

    in 07/11/2015 there were 177,000 registered patients [5]

    in 11/14/2015 there were 178,629 active, registered medical marijuana patients.[6]

    in 09/30/2015 (or jan 4 2016) there were 182,091 active registered patients according to LARA

    in 6/01/2016 there were 203,889 registered medical marijuana patients [8]

    in 9/20/2016 there were 211,000 registered medical marijuana patients [9]

    in 10/30/2016 there were 204.018 registered medical marijuana patients [10]

    in 10/2016 there were 218,556 registered patients [11]

    in 10/25/2017 there were 269,553 registered patients [11]

     

     

    in 04/29/2015 there were 150 registered minor (under 18) patients [4]

    in 07/11/2015 there were 197 registered minor (under 18) patients [5]

     

     

    in 11/23/2009 there were 1,753 applications denied

    in 12/11/2009 there were 1,981 applications denied

    in 01/27/2010 there were 2,501

    in 04/06/2010 there were 3,500 applications denied

    in 05/28/2010 there were 4,667

    in 07/02/2010 there were 5,119 applications denied

    in 08/27/2010 there were 6,650 applications denied

    in 11/24/2010 there were 9,102 applications denied

    in 03/11/2011 there were 12,090 applications denied

    in 05/06/2011 there were 14,374 applications denied

    in 06/10/2011 there were 16,266

    in 08/05/2011 there were 18,783 applications denied

    in 10/31/2011 there were 14,288 applications denied (did lara mean 19,288?)

    in 01/31/2012 there were 22,550 applications denied

    in 09/30/2012 there were 28,226 applications denied

    in 11/30/2012 there were 30,250 applications denied

    in 12/31/2012 there were 31,260 applications denied

    in 01/31/2013 there were 32,383 applications denied

    in 02/28/2013 there were 33,747 applications denied

    in 05/13/2013 there were 25,788 applications denied. (i think LARA typed 25 instead of 35 here)

     

     

    [0] most of the 2009-2013 statistics come from here :http://www.michigan.gov/mdch/0,1607,7-132-27417_51869---,00.html (access it with web.archive.org to see the old archived statistics)

     

     

    [1] http://detroit.cbslocal.com/2015/02/13/michigan-bills-would-legalize-medical-pot-dispensaries-drug-alternatives/

     

    [2]http://mjbizdaily.com/michigan-medical-marijuana-renaissance-underway-as-industry-quietly-booms/

     

    [3]http://medicalmarijuana.procon.org/view.resource.php?resourceID=005889

     

    [4]http://www.mlive.com/news/ann-arbor/index.ssf/2015/04/u-m_poll_shows_most_are_ok_wit.html

     

    [5]http://www.freep.com/story/news/local/michigan/2015/07/18/medical-marijuana-cannabis-autism-seizures-cbd-thc-stoned-prohibition/30360041/

     

    [6]http://www.crainsdetroit.com/article/20151114/NEWS/311159957/number-of-registered-medical-marijuana-patients-in-michigan-grows-in

     

    [8] http://www.grbj.com/articles/print/86224-medical-marijuana-industry-likely-to-expand

     

    [9] http://wlns.com/2016/09/15/michigan-house-passes-medical-marijuana-laws-and-regulations/

     

    [10] http://audgen.michigan.gov/wp-content/uploads/2016/11/r641043516-0102.pdf

     

    [11] http://www.theoaklandpress.com/general-news/20171025/registered-medical-marijuana-patients-up-29-in-oakland-county-23-statewide

  5. In the house of the wise are stores of choice food and oil, but a foolish man devours all he has. Proverbs 21:20

     

    Well there are a gazillion conspiracy theories out there. I must admit, I am a Christian and also believe in the Shmeta, a 7 year cycle. This Shmeta year is extraordinarily biblical, 4 blood moons, star of Bethlehem, the biblical aspects of this year goes on and on, with many events to happen in September and soon after. This is not a blog to fear monger, just informational.

     

    I have done a lot of research over the years on this, but am just getting started on the prepping, better late than never. Start off small and when you buy groceries, get a little extra to put away. Don't put all of your eggs in one basket. You may want to consider stocking up on items for bartering. The thing I keep hearing of the most to invest in is gold and silver. Well, I don't have the cash flow for that and don't know of many that do. I am more concerned with survival over any financial investments. For those who can afford to invest in precious medals, turn that focus to food and water.

     

    A quick word of warning when it comes to prepping. You need to keep it to yourself for 2 reasons. 1: you don't want everyone kicking in your door if the SHTF (bunny muffin hits the fan) and taking all of your resources. You can't predict the actions of a desperate and hungry person. 2: our government will put you on a list as a potential terrorist if you have a food and water supply of 7 days or more. That was from a speech given by Rand Paul and I have to believe him.

     

     

    Let's get the "tough guy" things out of the way. With most preppers, the first thing that comes to mind is guns and ammo. That is on the bottom of my list, not to say it is not an important thing to have. It could be one of the most valuable. Here is my best advice.

     

    Have a 12 gauge shotgun. I would recommend a Mossberg 590 Military Special with a bayonet lug. That is around $350 and considered the most reliable firearm in the world. Here is a link to the model bayonet I have, the M7 bayonet with the M10 sheath. http://www.sportsmansguide.com/product/index/us-spec-military-style-m7-bayonet-with-m10-style-sheath?a=1884227

     

    I would recommend two different types of handguns. I would only choose a handgun that is concealable so you can blend in. A 357 revolver would be a good choice because it can accept 38 special and 38+P bullets along with the 357 mags. They are all common bullets and that is why I consider the 357 an all around good revolver. A decent 357 revolver cost around $500.

     

    For a high capacity handgun, a pistol, I would have to recommend a 9mm baby Glock (G-26). It is the smallest 9mm Glock makes and accepts all 9mm clips Glock makes, including the 33 round clip. The G-26 is around $500. I like the gen 3 model the best. A downside with the Glock, you cannot use reloads. Of course extra ammo is a must, how much, well, I do not know.

     

    If I had to choose an inexpensive assault rifle, but of quality, I would choose an AK-47. However, it can't be the cheap stamped steel version; it would have to be a higher quality with all milled parts. The price range for the AK-47 starts at about $350 and can go up to $1,000. You can easily get full metal jacket bullets rather inexpensively.

     

    If you want an American, quality, low cost assault rifle, I would recommend a Reuger mini 14. This firearm takes the .223 bullets. The cost is around $500 and up depending on the options.

     

    The last recommendation for a firearm, if you are looking for an elite assault rifle type of weapon, I would have to recommend this website: http://hdfirearms.com/ When it comes to firearms, it is not about how cool it looks or how expensive it is. It is how comfortable and confident you are with handling it. I have seen people at the firing range with the original Russian SKS, from the 1940s, with open sights and hitting the bull's eye without failure. It must be the authentic Russian model, not the Chinese knock off. When it comes to the AK-47 or Russian SKS, I do not recommend using American bullets. Use Russian or foreign military light armor piercing bullets, preferably Russian. Enough with the guns, not what this blog is about, just had to get that out of the way.

     

     

    PREPPERS - PREPPING SKILLS

    These are skills everyone should have, not because of "dooms day", but for self reliance. It is common sense to be prepared for any type of disaster. There are hundreds of different disasters that could occur from tornadoes and snowstorms to earthquakes and volcanoes. How well you are prepared can be the difference of life or death or whether or not you and your family will be made to suffer and for how long.

     

    Prepping used to be a standard lifestyle. We have become so dependent on government, big businesses, technology, and the power companies. In the past, 90% of the populous lived in rural areas. Now it is the opposite. I can't imagine what it would be like in the city if the power were to go out for 2 weeks, especially in the northern states during the winter. If everybody had some form of investment in preparing, it would not be much of a problem. The way society is today, we need to ask; What will you do for clean water or food? We have seen the government fail; remember the aftermath of Hurricane Katrina? It would be impossible for the government to aid and protect us all if there were a big disaster. Such as, what if the New Madrid fault line were to become active like it did many years ago? I believe that was the worse documented earthquake in the US. It went off for days. The epicenter was in the part of the US where Tennessee, Kentucky, and Arkansas meet, and the effects were felt all the way to New York. The quake caused church bells to ring. It was so intense, and went on for so many days that people began to fall to their knees believing it was the wrath of God and began to repent. Do some research on the Madrid fault line, you will be shocked. For those in the west, what if the Yellowstone super volcano erupts? That could potentially take out 1/3 of the US.

     

    It is not a matter of if; it is a matter of when a disaster happens. Currently, we are overdue for an EMP from the sun. This event has been documented as occurring every 100 to 150 years. The last time it happened, it destroyed every electronic device on earth. Even items that were not connected started smoking and burned up (telegraph equipment, etc.) If that were to occur today in America, it is estimated that up to 90% of the populous would die within 2 weeks. Our power grids are very fragile. It could take 5 to 15 years to replace depending on the amount of damage. The main elements of the power grids are very complex, made in China, and takes years to have just one made. Our power grids are not adequately protected in this country.

    This will give you an idea as to how fragile the power grids are.

     

    Our entire country is extremely fragile in many ways. We have our lowest food reserves and lowest water reserves. Clean, safe drinking water is becoming more difficult to access. not to mention a full economic collapse, we are not immune to that. We could be in the same predicament as Greece not long from now since the global currency is in the process of being changed. Surely there will be some type of financial crises. If you ask me, the economy looks worse than ever, just being masked by the petro dollar and that can only last so long.

     

    Prepping will have different requirements for each individual or family. I will be focusing on my plan. I live in a rural area. Many people discuss "bugging out". I plan to hold down the fort. I feel that bugging out during a crisis can be dangerous for many reasons. This is not to say that for others, it may be the best choice.

     

    WATER: That is the most difficult essential item for most to prepar for. There are many that take it to the extreme in storing water for a crisis. The average person requires 1 to 2 gallons of water per day minimum. This is only for eating and drinking.

     

    I am fortunate when it comes to the issue of water. I have a newly installed 5" hand pump deep well that has been approved by the health department as potable (safe for drinking). My water storage is safely underground.

     

    We are already in the beginning of a major water crisis across the entire country. At least referring to the cities and water treatment plants, not to mention the intense droughts in the west. Also, Flint, Detroit, and cities in Ohio, the water that they are receiving is not considered safe to drink and does not comply to federal laws. In other words, it is potentially poisonous dirty water. The problem is only going to get worse. Within the next 5 years it is expected that water prices will double across the nation. Here is a worthy article to read over. This article will give an idea of how serious and expensive this problem is for our nation. http://www.msn.com/en-us/news/us/drinking-water-systems-imperiled-by-failing-infrastructure/ar-AAeNjqY?li=AA54ur#image=1

     

    Here is a disturbing article concerning the water supply for Flint, MI. They have been poisoning people and manipulating the test results. Expect this to be carried out across the country. Greed has taken over! http://detroit.cbslocal.com/2015/10/08/lax-water-system-oversight-manipulated-data-lead-to-public-health-crisis-in-flint-researcher-says/

    Here is a video where it is taken to the extreme when it comes to water storage. Not saying that you should go to this extreme, but everyone should have an adequate supply of clean water stored. He provides many good tips. nutnfancy has a wide range of videos from firearms to food when it comes to survival.

    https://www.youtube.com/watch?v=pcE5x3X6TQ4&feature=youtu.be&t=1m35s

     

     

    FOOD: Food storage is not difficult, or expensive, even for someone living in an apartment. It can get expensive if you choose to purchase freeze dried goods, which can last 20 to 30 years and no refrigeration is necessary, until opened for some items. Even meat is available freeze dried. If you are fortunate enough to have the money to invest, you can get everything you need in freeze dried form here: http://shop.honeyville.com/

     

     

    I for one do not have the finances to invest in freeze dried foods. I fall into the category of the mid to low expense investment. I have decided to start preparing my own dried food supply. I have invested in 2 essential tools to begin my journey. The first item is the Excalibur food dehydrator. I have the Excalibur 3920TB Food Dehydrator which is a 9 try unit with a built in timer. It has good customer reviews and was reasonably priced (through Amazon.com). Excalibur makes smaller units with just as good of ratings. The next item I have invested in is the FoodSaver V3240 Vacuum Sealing System and also the FoodSaver Kit wide-mouth jar sealer, regular sealer, and accessory hose. The FoodSaver investment cost under $150 with the jar sealing accessory kit. I highly recommend the FoodSaver equipment for all marijuana growers. From now on I will be vacuum sealing all of my jarred buds for optimum freshness and longevity.

     

    The opportunities are endless for long term storage of food which are affordable and efficient. To start, buy dry goods in bulk, like at Sam's Club or Costco. A 50 pound bag of rice can be purchased for under $20. Check out this video where the guy stores 50 pounds of rice in canning jars.

     

    Another example of storing dry rice for long term using mylar bags: This is part 3, and it shows how oxygen absorbers are used.

     

     

    There are other methods, like mylar bags, food grade buckets, etc. I like the glass jars because rodents cannot get into them. However, as the saying says, "don't put all your eggs in one basket", it may be wise to use all methods. What if the jars get broken, from an earthquake for example?

     

    Oxygen absorbers are also good to have on hand when preparing foods for long term storage. With certain methods, you may wish to use oxygen absorbers in addition to vacuum sealing. There are many videos on YouTube that show many different techniques of long term storage of foods. As I learn more, I will add it to my discussion.

     

    The food dehydrator is great for long term storage of foods as well as making simple, healthy snacks for anytime. Dried fruit are transformed into simple, healthy snacks that last a long time, do not require refrigeration, and taste like candy!

     

    Along with the food dehydrator I also purchased The Ultimate Dehydrator Cookbook by Tammy Gangloff, Steven Gangloff & September Ferguson. I plan to invest in other books for a more diverse viewpoint on dehydrating and storing food. There are some awesome recipes for "instant, just add water meals" that can be prepared utilizing dried meats and vegetables. Just imagine the space you can save, not only for long term food storage, but even for daily use!

     

    It is time for a lifestyle change. Buy organic fruits and vegetables, no more pre-canned preservative ridden food from the grocery store. Yes, canned goods are not all bad to have around and good to stock up on by means of prepping. Most canned goods can go beyond the printed use by dates as well. Either way, I plan to change my ways to a more healthy way of life and it begins with food. In the end the equipment will have paid for itself. Buying in bulk, preparing food for long term and short term use provides less waste and can save a family well over $1,000 a year in food purchases alone.

    Here are a couple of videos showcasing the use of freeze dried and dehydrated food and long term food storage.

    https://www.youtube.com/watch?v=gothlufqKA4&feature=youtu.be

     

    Christy Jordan has a lot of great videos on dehydrating foods. This video is about dehydratig ground beef. You must be careful with storing any meat, it must be fat free. The fat will cause the meat to go rancid no matter how dry the meat is. Dehydrated ground beef can potentially store for 2 years or longer without refrigeration.

     

     

    FUEL: I am only planning to store 10 gallons of treated gasoline. I probably should store more, but space is a concern. I don't want to put all of my reliance on gasoline or electronically operated equipment.

     

    Heat for the colder climates. I haven't done too much research on this. Currently I burn wood for heat. I purchase a season supply of wood every spring. The wood burning stoves do not require electricity and that is a plus.

     

     

    More to come as I get more involved...

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    Recent Entries

    Does any one one have any experience, or knowledge of someone who can talk to me about the use of cannabis for the treatment of ADHD in children? I have read a few articles on the subject and it sounds very promising, especially since the treatment that the doctors want to give (Ritalin) is dangerous as HELL!!! Thank you

  6. Five years ago the State of Michigan begin accepting application under the MMMA. The program actually went into effect on the 4th, but it was a Saturday, so nothing could be done.

     

    Lots has happened during these five years. there have been compliance, bending, side-stepping, disobeying, changes, changes, re-writing, back-stabbing, under-table dealings, and a bunch of frustrations.

     

    The thing that has frustrated me more than anything has been the attitudes concerning attentive forms of use. I have always said that the MMMA was designed for smokers, and unfortunately the CoA has agreed with me. I say this is unfortunate because I created my edibles and topicals using oils that extracted all the essence from the leaves, stems, and flowers of the marihuana plant, not just the resin. I assumed that the process I used was the undisputed definition of "preparation thereof", as allowed by the law.

     

     

     

     

    to be continued

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    Recent Entries

    Cannabinoids, Ketogenic Diets, Holy Basil, and the PPAR Connection

     

    Recently there's been a lot of talk, and even more confusion, about the use of cannabinoids in the treatment of pediatric epilepsy. The science behind the possible physiological mechanisms involved seem to have been all but entirely left out of this discussion. Though this paper is not meant to be definitive, this is an attempt by a layman to inject some science into this ongoing discussion. More importantly this is directed at all of the families that desperately need facts and suggestions, not politics and debate.

    There seems to be a glaring commonality shared by a number of alternative forms of treatment being utilized in pediatric epilepsy. In the case of cannabinoids, ketogenic diets, and Tulsi (holy basil) the physiological mechanisms involved, as they relate to epilepsy, appear to exert their effects, at least in part, via PPAR pathways [1, 2, 3]. What are PPARs, and what do they have to do with epilepsy?

     

    PPARs

     

    Epilepsy is far from fully understood, but current science may lead one to believe that mutations in genes play a larger role than previously thought [4]. Peroxisome proliferator-activated receptors (PPARs) regulate the expression of genes [5]. The physiological mechanisms involved are not yet fully understood as they relate to epilepsy. However, there appear to be a number of interesting implications.

     

    Low levels of endogenous (naturally occurring in the body) cannabinoids that are CB1 and PPAR alpha agonists (activators) have been linked to epilepsy [6]. PPAR agonists are believed to be regulators of brain inflammation and oxidative stress [7, 8]. Both have implications to epilepsy [9, 10]. This is in part why PPAR gamma is suspected to be a neuroprotective agent in epilepsy [11]. PPAR alpha might be of even greater interest as it's the target of a number of novel antiepileptic drugs [12]. PPAR alpha activation is also believed to enhance memory acquisition [13]. So while there doesn't appear to be an entirely clear understanding of the physiological mechanisms involved, there does seem to be a number of correlations.

     

    There's a large number of natural compounds that are PPAR agonists [14]. These include, but aren't limited to: cannabinoids, terpenes, flavonoids, and saturated fats [15, 16]. This is one example of a commonality shared between the use of cannabinoids, ketogenic diets, and Tulsi (holy basil) in the treatment of epilepsy. They all contain PPAR agonists, and in turn modulate gene expression [1, 2, 3].

     

    Why does this matter? Phytocannabinoids (natural plant derived cannabinoids) have many of the same pharmacological characteristics as endogenous cannabinoids, including PPAR activation [2, 16]. As this paper intends to illustrate, the reason that this might be important is that there is a large number of natural sources of PPAR agonists, some of which include cannabinoids that originate outside of the cannabis plant.

     

    Ketogenic Diet

     

    This paper won't delve into the physiological mechanisms that are suspected to be involved with ketogenic diets, in relation to epilepsy, other than to point out that it's believed to involve the activation of PPAR alpha [1].

     

     

    Cannabis

     

    Botanical extracts from cannabis can contain a variety of cannabinoids [16]. The use of cannabinoids derived from cannabis appear to continue to prove their effectiveness in the treatment of epilepsy [17]. Unfortunately, due to the politics surrounding cannabis, not all families currently have the legal access to the cannabinoids that they so desperately need. Until each State has recognized the therapeutic value of cannabis, and every family has legal access, it may be beneficial to attempt to identify alternative options for treatment. Though it's highly speculative, it seems worthwhile to take a look at the possible physiological mechanisms involved with cannabinoids derived from cannabis in an attempt to identify other possible alternatives. Prior to getting into possible alternatives, let's review some of the research on the primary cannabinoids in cannabis, as they relate to epilepsy.

     

    Almost 500 compounds have been identified from cannabis [16]. Botanical extracts from cannabis contain varying amounts and types of compounds which are primarily composed of cannabinoids, terpenes, and flavonoids. As will be illustrated, many of these compounds are PPAR agonists. While we'll limit our discussion of cannabis to CBD and THC, it's worth noting that there is a large number of additional PPAR agonists present in any given cannabis plant, or botanic extract thereof [2, 16]. It is the opinion of this author, based on the research cited in this paper, that each PPAR agonist may have the ability to impact the degree of effectiveness of any given botanical extract.

     

    CBD is currently the cannabinoid being most heavily explored in the treatment of epilepsy. One pharmacological characteristic of CBD is that it's a PPAR gamma agonist [18]. CBD is believed to reduce neuroinflammation and promote neurogenesis via PPAR gamma [19].

     

    Possibly of greater importance is that CBD suppresses fatty acid amide hydrolase (FAAH), which in turn increases the levels of an endogenous cannabinoid, anandamide, a PPAR alpha and gamma dual agonist [18]. In addition, FAAH inhibition increases N-palmitoylethanolamide (PEA), and N-oleoylethanolamide (OEA) levels, both of which are PPAR alpha agonists [20, 21]. Low PEA levels in the brain have been linked to absence epilepsy and it has been suggested as a candidate for treatment [6]. In general, PPAR alpha agonists might be of particular interest in the treatment of epilepsy as they're currently being explored as new antiepileptic drugs [11].

     

    One explanation for the effectiveness of CBD in the treatment of epilepsy might be based on the fact that you're getting, one PPAR gamma, one dual PPAR alpha and gamma, and two PPAR alpha agonists, all from the pharmacological effects of one cannabinoid. Not to mention any other cannabinoids, terpenes, and flavonoids present in a botanical extracts from cannabis that may also be PPAR agonists.

     

    Another potentially favorable pharmacological characteristic of CBD is that it's a 5HT1A-receptor (serotonin) agonist [2]. Depression and memory deficits in patients with temporal lobe epilepsy have been linked to low 5HT1A activation [22].

    The elephant in the room as it relates to cannabis is THC. Like CBD, THC is a PPAR gamma agonist [18]. THC is most known for its activation of CB1 receptors which are associated with some of the psychoactive effects of cannabis. It should be noted that CBD is an effective CB1 agonist blocker and is believed to mitigate the psychoactive effects of THC [23]. However, CB1 directly activates GABAergic synaptic transmissions [24]. Perturbing GABA (γ-Aminobutyric acid) levels has implications to epilepsy; GABA agonists are known to inhibit seizures, while antagonists are known to induce seizures [25]. This seems to indicate a potentially favorable indirect action of CB1 agonists.

     

    These studies are but a few that seem to suggest that both CBD and THC modulate multiple physiological mechanisms that relate to epilepsy. In addition to THC and CBD there are other cannabinoids present in cannabis that it might be helpful to understand the pharmacological characteristics of. For more information see: Izzo, “Non-psychotropic plant cannabinoids: new therapeutic opportunities from an ancient herb” [2].

     

    Terpenes and Flavonoids

     

    A large number of terpenes and flavonoids are present in cannabis [16]. Many of the same terpenes and flavonoids present in cannabis are abundant throughout the natural world. There is a large number of terpenes and flavonoids that are PPAR agonists [14]. In addition to acting as PPAR agonists, terpenes and flavonoids display a host of other pharmacological characteristics that it might be helpful to be aware of, if they're present in botanical extracts [26]. As an example: d-limonene is not only a PPAR alpha agonist, but it can also increase the bioavailability of non water soluble lipids, like cannabinoids [27, 28]. Another example would be beta-myrcene, which isn't known to be a PPAR agonist, but is a sedative that has been shown to increase barbiturate sleep time [29]. These two examples are simply meant to illustrate the relevance of terpenes and flavonoids present in cannabis, there are many others that it might be wise to consider as well.

     

    To outline the characteristics of each individual terpene and flavonoid is beyond the scope of this paper, and has been discussed in length by others. Readers interested in learning more about the synergistic relationship between cannabinoids, terpenes, and flavonoids are suggested to read: Russo, “Taming THC: potential cannabis synergy and phytocannabinoid‐terpenoid entourage effects.” [26].

     

    Do they have to be from Cannabis? No. Essential oils are primarily made up of terpenes and flavonoids. There's a small group of families reporting, on Facebook, limited success with the use of Tulsi (holy basil) in the treatment of epilepsy. Let's examine one possible explanation for this.

     

    Ocimum sanctum, or Tulsi (holy basil), has a wide variety of chemotypes. However, it's possible to find essential oils from one particular chemotype that may be of particular interest. Ocimum sanctum ct eugenol has two main constituents with implications to epilepsy. The primary constituent is eugenol. Eugenol is a PPAR gamma agonist, and is being studied for use in the treatment of epilepsy and cephalic pain [30]. The second most prominent constituent is beta-caryophyllene. Beta-caryophyllene is not only a terpene, but it's also a cannabinoid, and a PPAR gamma agonist [31]. The successes with holy basil, while limited in range and scope, might indicate an entire realm of natural alternatives that are currently being overlooked by and large.

     

    There's a large number of sources for essential oils. However, most are for external use only. It would also be highly advisable to find a supplier that provides GC/MS analysis, as well as a distill date, on all of their essential oils. This can help to ensure that there is a known quantity of constituents, and that they haven't degraded. The constituents and ratios can vary significantly between batches of essential oils, and they often have two to five year shelf lives.

    Caution would be advised as it's also possible that there can be allergic or otherwise adverse reactions to any and all natural compounds. Due diligence is required, and consultation with a physician prior to incorporating any new variables into a health a wellness regiment is recommended.

     

    For comprehensive lists of natural sources of natural PPAR ligands see: Huang, “Herbal or Natural Medicines as Modulators of Peroxisome Proliferator‐Activated Receptors and Related Nuclear Receptors for Therapy of Metabolic Syndrome.” [14]. Additionally: Christensen, “Identification of plant extracts with potential antidiabetic properties: effect on human peroxisome proliferator‐activated receptor (PPAR), adipocyte differentiation and insulin‐stimulated glucose uptake.” [32].

     

    Other Legal Cannabinoids

     

    As it was just mentioned above, natural cannabinoids have been discovered that are derived from sources other than cannabis [33]. There appears to be a growing number of cannabinoids that continue to be identified, some of which will be highlighted here for their relevance to epilepsy.

     

    Beta-caryophyllene, mentioned above, is found in a variety of natural sources including, but not limited to, cannabis and holy basil. Beta-caryophyllene might be of interest as it's a full CB2 agonists cannabinoid (with anti-inflammatory properties), and PPAR gamma agonist [26, 31].

     

    There are also two lesser acknowledged (at least in the West) cannabinoids that might be equally pertinent to this discussion. Magnolia officinalis has been used in Chinese medicine for more than 2000 years [34]. Magnolia officinalis root bark extracts contain magnolol and honokiol, both of which are cannabinoids, and PPAR agonists [35, 36, 37]. These two cannabinoids are widely available and have a growing body of research that indicate that they may have untapped potential in the treatment of epilepsy.

     

    Magnolol is a novel lead structure for cannabinoid receptors agonists, and is a PPAR beta/delta and gamma agonist [37, 38]. One study found that magnolol inhibits epileptiform activity mediated by GABA; it was shown that 40 and 80mg/kg “significantly delayed the onset of myoclonic jerks and generalized clonic seizures, and decreased the seizure stage and mortality” [39]. Another study found that magnolol and honokiol both enhance GABAergic neurotransmissions, and asserts that supplements that contain magnolol and honokiol might be “effective anxiolytics, sedatives, and anti-convusants” [40]. It also stated the need for caution as possible side effects and drug interactions might be expected.

     

    One pharmacological characteristic of Honokiol is that it's a PPAR gamma agonists [35]. A study conducted on mice found that both honokiol and magnolol at a rate of 1 and 5mg/kg “significantly increased NMDA-induced seizure thresholds” [41]. In a separate study Honokiol was shown to be a neuroprotectant in oral dosages of 3mg/kg which reduced inflammation and oxidative stress in mice, and “significantly increased NMDA-induced seizure thresholds” [42].

     

    These studies seem to indicate that magnolol and honokiol, like other cannabinoids, have been identified as modulating multiple physiological mechanisms that relate to epilepsy. The fact that other botanical extracts of cannabinoids have a growing body of scientific (and anecdotal) data with favorable implications to epilepsy might also be seen as an indication of their potential. In addition to PPAR activation, magnolol and honokiol have many of the same pharmacological characteristics (including CB1 and CB2 activation) when compared to some of the cannabinoids derived from cannabis [35].

     

    A consideration when sourcing magnolol and honokiol is that both have shelf lives of less than two years [43]. This might draw into question the quality of the majority of US sources.

     

    There may be other natural sources of cannabinoids worth considering as well. Readers interested in learning more about other natural cannabinoids are suggested to read: Gertsch, “Phytocannabinoids beyond the Cannabis plant–do they exist?” [33]. Additionally, diet can effect endogenous cannabinoid levels, which might also provide alternative options for treatment. See: Maccarrone, "The endocannabinoid system and its relevance for nutrition." [44].

     

    Conclusion

     

    All in all, it appears that many cannabinoids may exhibit antiepileptic properties, partly via the activation of PPARs, and GABAergic transmissions [18, 24, 39, 40, 41]. It appears as though some other alternative forms of epileptic treatment share a commonality in that they also involve PPAR activation [1, 3]. PPAR alpha might be of particular interest in the treatment of epilepsy [11]. PPAR agonists are abundant throughout the natural world [14]. It's the opinion of this author that it appears possible that there are legal inexpensive cannabinoids, and other PPAR agonists, that aren't yet fully being taken advantage of in the treatment of epilepsy. Again, caution would be advised as it's also possible that there can be allergic or otherwise adverse reactions to any and all natural compounds. Due diligence is required, and consultation with a physician prior to incorporating any new variables into a health a wellness regiment is recommended.

     

    Note from author:

    This paper has not been peer reviewed, nor is the author a licensed professional in the medical field. You're encouraged to read the cited references which are all peer reviewed, and are mostly available to read for free online via Google Scholar. You're also encouraged to share, print, or transmit this paper in anyway you see fit.

     

    While the topic of this paper and the majority of citations relate to epilepsy, the available research in relation to phytocannabinoids and cancer is far greater. This includes legal phytocannabinoids.

     

     

    Email: michigancannabinoidspecialist@gmail.com

     

    http://www.scribd.com/doc/207827158/Cannabinoids-Ketogenic-Diets-Holy-Basil-and-the-PPAR-Connection

     

     

    References:

     

    1. Cullingford, Tim. "Peroxisome proliferator‐activated receptor alpha and the ketogenic diet." Epilepsia 49.s8 (2008): 70-72.

     

    2. Izzo, Angelo A., et al. "Non-psychotropic plant cannabinoids: new therapeutic opportunities from an ancient herb." Trends in pharmacological sciences 30.10 (2009): 515-527.

     

    3. Prakash, P., and Neelu Gupta. "Therapeutic uses of Ocimum sanctum Linn (Tulsi) with a note on eugenol and its pharmacological actions: a short review." Indian journal of physiology and pharmacology 49.2 (2005): 125.

     

    4. Helbig, Ingo, et al. "Navigating the channels and beyond: unravelling the genetics of the epilepsies." The Lancet Neurology 7.3 (2008): 231-245.

     

    5. Michalik, Liliane, et al. "International Union of Pharmacology. LXI. Peroxisome proliferator-activated receptors." Pharmacological reviews 58.4 (2006): 726-741.

     

    6. Citraro, Rita, et al. "Antiepileptic action of< i> N</i>-palmitoylethanolamine through CB1 and PPAR-α receptor activation in a genetic model of absence epilepsy." Neuropharmacology (2012).

     

    7. Bernardo, Antonietta, and Luisa Minghetti. "PPAR-agonists as regulators of microglial activation and brain inflammation." Current Pharmaceutical Design 12.1 (2006): 93-109.

     

    8. Collino, Massimo, et al. "Modulation of the oxidative stress and inflammatory response by PPAR-γ agonists in the hippocampus of rats exposed to cerebral ischemia/reperfusion." European journal of pharmacology 530.1 (2006): 70-80.

     

    9. Shin, Eun-Joo, et al. "Role of oxidative stress in epileptic seizures." Neurochemistry international 59.2 (2011): 122-137.

     

    10. Vezzani, Annamaria, et al. "The role of inflammation in epilepsy." Nature Reviews Neurology 7.1 (2010): 31-40.

     

    11. Yu, Xin, et al. "Activation of cerebral peroxisome proliferator-activated receptors gamma exerts neuroprotection by inhibiting oxidative stress following pilocarpine-induced status epilepticus." Brain research 1200 (2008): 146-158

     

    12. Puligheddu, Monica, et al. "PPAR-Alpha Agonists as Novel Antiepileptic Drugs: Preclinical Findings." PloS one 8.5 (2013): e64541.

     

    13. Mazzola, Carmen, et al. "Fatty acid amide hydrolase (FAAH) inhibition enhances memory acquisition through activation of PPAR-α nuclear receptors." Learning & Memory 16.5 (2009): 332-337.

     

    14. Huang, Tom Hsun‐Wei, et al. "Herbal or Natural Medicines as Modulators of Peroxisome Proliferator‐Activated Receptors and Related Nuclear Receptors for Therapy of Metabolic Syndrome." Basic & clinical pharmacology & toxicology 96.1 (2005): 3-14.

     

    15. Jump, Donald B., and Steven D. Clarke. "Regulation of gene expression by dietary fat." Annual review of nutrition 19.1 (1999): 63-90.

     

    16. Radwan, Mohamed M., et al. "Isolation and characterization of new cannabis constituents from a high potency variety." Planta medica 74.03 (2008): P-15.

     

    17. Amada, Naoki, et al. "Cannabidivarin (CBDV) suppresses pentylenetetrazole (PTZ)-induced increases in epilepsy-related gene expression." PeerJ 1 (2013): e214.

     

    18. O'sullivan, S. E. "Cannabinoids go nuclear: Evidence for activation of peroxisome proliferator‐activated receptors." British journal of pharmacology 152.5 (2007): 576-582.

     

    19. Esposito G, et al, “Cannabidiol reduces amyloid beta-induced neuroinflammation and promotes hippocampal neurogenesis through PPAR-gamma involvement,” PLOS One, 2011.

     

    20. Schlosburg, Joel E., Steven G. Kinsey, and Aron H. Lichtman. "Targeting fatty acid amide hydrolase (FAAH) to treat pain and inflammation." The AAPS journal 11.1 (2009): 39-44.

     

    21. Sun, Yan, and Andy Bennett. "Cannabinoids: a new group of agonists of PPARs." PPAR research 2007 (2007).

     

    22. Theodore, William H., et al. "Serotonin 1A receptors, depression, and memory in temporal lobe epilepsy." Epilepsia 53.1 (2012): 129-133.

     

    23. Mechoulam, Raphael. "Cannabis—a valuable drug that deserves better treatment." Mayo Clinic Proceedings. Vol. 87. No. 2. Mayo Foundation, 2012.

     

    24. Katona, István, et al. "Distribution of CB1 cannabinoid receptors in the amygdala and their role in the control of GABAergic transmission." The Journal of neuroscience 21.23 (2001): 9506-9518.

     

    25. Treiman, David M. "GABAergic mechanisms in epilepsy." Epilepsia 42.s3 (2001): 8-12.

     

    26. Russo, Ethan B. "Taming THC: potential cannabis synergy and phytocannabinoid‐terpenoid entourage effects." British journal of pharmacology 163.7 (2011): 1344-1364.

     

    27. Benet, Leslie Z., Vincent J. Wacher, and Reed M. Benet. "Use of essential oils to increase bioavailability of oral pharmaceutical compounds." U.S. Patent No. 5,665,386. 9 Sep. 1997.

     

    28. Jing, Li, et al. "Preventive and ameliorating effects of citrus d-limonene on dyslipidemia and hyperglycemia in mice with high-fat diet-induced obesity." European journal of pharmacology 715.1 (2013): 46-55.

     

    29. Gurgel do Vale, T., et al. "Central effects of citral, myrcene and limonene, constituents of essential oil chemotypes from< i> Lippia alba</i>(Mill.) NE Brown." Phytomedicine 9.8 (2002): 709-714.

     

    30. Müller, M., et al. "Effect of eugenol on spreading depression and epileptiform discharges in rat neocortical and hippocampal tissues." Neuroscience 140.2 (2006): 743-751.

     

    31. Bento, Allisson Freire, et al. "β-Caryophyllene inhibits dextran sulfate sodium-induced colitis in mice through CB2 receptor activation and PPARγ pathway." The American journal of pathology 178.3 (2011): 1153-1166.

     

    32. Christensen, Kathrine B., et al. "Identification of plant extracts with potential antidiabetic properties: effect on human peroxisome proliferator‐activated receptor (PPAR), adipocyte differentiation and insulin‐stimulated glucose uptake." Phytotherapy Research 23.9 (2009): 1316-1325.

     

    33. Gertsch, Jürg, Roger G. Pertwee, and Vincenzo Di Marzo. "Phytocannabinoids beyond the Cannabis plant–do they exist?." British journal of pharmacology 160.3 (2010): 523-529.

     

    34. Yu, Hua-Hui, et al. "Genetic diversity and relationship of endangered plant< i> Magnolia officinalis</i>(Magnoliaceae) assessed with ISSR polymorphisms." Biochemical Systematics and Ecology 39.2 (2011): 71-78.

     

    35. Atanasov, Atanas G., et al. "Honokiol: A non-adipogenic PPARγ agonist from nature." Biochimica et Biophysica Acta (BBA)-General Subjects 1830.10 (2013): 4813-4819.

     

    36. Rempel, Viktor, et al. "Magnolia Extract, Magnolol, and Metabolites: Activation of Cannabinoid CB2 Receptors and Blockade of the Related GPR55." ACS Medicinal Chemistry Letters 4.1 (2012): 41-45.

     

    37. Shih, Ching-Yu, and Tz-Chong Chou. "The antiplatelet activity of magnolol is mediated by PPAR-β/γ." Biochemical Pharmacology (2012).

     

    38. Fuchs, Alexander, Viktor Rempel, and Christa E. Müller. "The Natural Product Magnolol as a Lead Structure for the Development of Potent Cannabinoid Receptor Agonists." PloS one 8.10 (2013): e77739.

     

    39. Chen, C. R., et al. "Magnolol, a major bioactive constituent of the bark of Magnolia officinalis, exerts antiepileptic effects via the GABA/benzodiazepine receptor complex in mice." British journal of pharmacology 164.5 (2011): 1534-1546.

     

    40. Alexeev, Mikhail, et al. "The natural products magnolol and honokiol are positive allosteric modulators of both synaptic and extra-synaptic GABA< sub> A</sub> receptors." Neuropharmacology 62.8 (2012): 2507-2514.

     

    41. Lin, Yi-Ruu, et al. "Differential inhibitory effects of honokiol and magnolol on excitatory amino acid-evoked cation signals and NMDA-induced seizures." Neuropharmacology 49.4 (2005): 542-550.

     

    42. Cui, H. S., et al. "Protective action of honokiol, administered orally, against oxidative stress in brain of mice challenged with NMDA." Phytomedicine 14.10 (2007): 696-700.

     

    43. Su, Ziren, et al. "Heat-induced degradation of magnolol and honokiol in supercritical fluid CO_ (2) extraction of cortex Magnolia officinalis (Houpo)." Acta pharmaceutica Sinica 37.11 (2001): 870-875.

     

    44. Maccarrone, Mauro, et al. "The endocannabinoid system and its relevance for nutrition." Annual review of nutrition 30 (2010): 423-440.

  7. So every day I read more and more about dispensaries, and government this and that.. LEOs hate this law due to lack of funding stemming from Marijuana arrests..

     

    I was theorizing this morning with a buddy of mine..

     

    I can see it now, the Government run dispensaries will cancel out our rights to grow our own, which in turn will put a halt to the "legal home grow" That will satisfy LEO cause they will now be able to raid each suspected home that has a grow and seize all the equipment and still get to charge you with a cannabis related charge. seems to be looking up for the big guys imo..

     

    They get to corner the MM market, and seeing as it wont be legal to grow your own anymore they know 40-60% of people have involvement in growing they have a huge new group of Marijuana users to target to hit their quota.. I'm not excited about the future at all

     

    All this belly aching about your precious dispensaries is going to ruin everything for alot of people that just want to get by and not have to go through another fiasco run by the government the same people that have no idea wtf is good or bad.. its all about the money $$

     

    Is it REALLLLLLY that hard to find some herb, the stuff thats been around since the beginning of freaking time?? Can't they setup a web based program that makes it easy like a click of the button kind of stuff for the real square/newbie. Kinda like buying insurance you have a site setup with CG's the new pt goes through finds your ad that fits what your looking for and move along????

     

    Sorry my rant is out of frustration, I just have this nasty feeling that the police and suits will get their way.. and Marijuana arrests will be here to stay.. legal or not.

  8. Attorney General Eric Holder is scheduled to speak to the American bar Association this afternoon about reducing sentences for minor drug offenders. He will also outline some encourage reducing prison populations by finding alternatives for elderly and non-violent criminals and encouraging and creating ways for federal prosecutors to sidestep minimum sentencing guidelines. Read more here

  9.  

    Titles do not match descriptions, 11 proposed changes in one bill; Legislative “Swiss cheese” needs evaluation, not speedy vote

     

    By Rick Thompson

     

     

    Word is circulating in the
    and in Lansing that the Walsh package of anti-patient bills may be voted on in the Senate on Thursday, Dcember 6th during this year’s lame duck session of the legislature. These Bills addressing the
    (MMA) have been so extensively modified and widely criticized that they have little clarity and even less support remaining. Enough significant questions remain to keep these bills shelved until a more organized and popular effort can be launched during next session.

    The
    were a package of eight
    designed to “reign in” the MMMA. Introduced in June 2011, none of the bills
    have ever
    been passed and in the year-and-a-half since their introduction, the need for action has fizzled and died. No community groups are calling for action against marijuana patients; the opposite is true, with voters
    signaling the need for relaxed marijuana laws, not increased restrictions on the sick and injured.

    The Bills, now pared down to four, have been passed by the House of Representatives and the Senate Judiciary Committee. They await a vote of the Senate, and then a vote in the House affirming the Senate's changes. Any bills not approved at the end of this year are voided and must be re-introduced next year.
    suggest this legislation had no chance of passing during the regular session, suggesting Republican leadership intentionally reserved their consideration until after the election. The bills could be reborn next year: Republicans will
    in both the House and Senate in 2013, removing any need for end-of-year legislative expedience at the expense of social justice. The lame duck session is
    and a superficial reading of bills prior to passage is common. The Walsh bills require a more extensive read to understand the complexities- there are 11 changes to the MMA proposed in the current version of HB 4851 alone.

    Stone Soup Legislation

    carries this official government
    :

    Health; medical marihuana;
    photograph on medical marihuana card
    ; require. Amends sec. 6 of 2008 IL 1 (MCL 333.26426).

    (emphasis added)

    HB 4834 was introduced in June of 2011. That issue, requiring photographs on medical marijuana cards, has been dropped from the current version of HB 4834 being floated in the Senate, V-2. Senators and Representatives unfamiliar with this bill, who rely on these descriptions for guidance, will be voting for a fraud. HB 4834 has been altered so many times the content is confusing to even the most intimately involved politicos. A companion bill, HB 4851, has proposed or contained more than 15 different variations on changes to the Michigan Medical Marijuana Act (see chart below). Even single issues appear on different bills. Transporting live marijuana plants in a car is allowed under HB 4834, but rules regarding transporting dried useable marijuana in a car are found in HB 4856. The passage of the Walsh bills would create more of the “Swiss cheese” that the Michigan Medical Marijuana Act is routinely compared to.

    Single issue bills are completely possible- the Senate did it. The three Bills that have been passed by the Senate and are headed for a vote in the House- SBs 321, 505 and 933- are single-issue bills, easily read and understood. So are two of the four House bills, HB 4853 and HB 4856. Combined, the two controversial House bills 4851 and 4834 currently contain more than 30 proposed changes to the MMA.

    Much of this confusion is the result of the legislative stone soup nature of the development of the Walsh Bills. It appears each bill was started as a single issue before various special interest groups each added their own flavor to the soupy package. "Special interest groups are lining up to push their agendas and collect political IOUs," says the Morning Sun. The Michigan State Police, the Michigan Township’s Authority, the Attorney General’s office, the Prosecuting Attorneys Association of Michigan, all contributed pieces to the end result. This is especially apparent when evaluating the additional restrictions on patients made after both HB 4851 and 4834’s initial filing (see chart below).

    And there will be no time to read these convoluted pieces of legislation: reports suggest the Senate has booked themselves an early exit from duty, bowing out as early as December 13th, whereas the House may continue to conduct business until the 20th. If true, this gives the Senate only six days in session remaining in 2012 with more pressing issues left to resolve, including the NPO status of Blue Cross/Blue Shield, Right to Work, regional transportation, Emergency Managers, tax credits for fetuses, etc.

     

    “Even if these issues individually merited consideration there is simply no time to give them a thorough evaluation by legislators or a reasonable period for citizen response,” said Jamie Lowell of the 3rd Coast Compassion Center. “There are no lame ducks in the Senate. Every man and woman is going to have to own their vote and be accountable to the people in January. And the people have spoken, clearly and often, on this issue.”

     

    read the whole article here

  10. blog-0792794001345389491.jpgClare County Compassion Club . ning is considering doing another BBQ. We are looking to see how many are or would be interested n Joining us? We have been getting alot of requests lately for us to have another one.So WE thought we would ask and see if anyone else would b or is interested n Joining us. We would supply the meat as allways..And everyone brings a dish to pass..This will be n a safe place....This would be for Patients/caregivers and spouses of(less someone needs someone to drive them there)..This would be held in Clare County..Please let us know if you would be interested n joining us..Thanks n advance..
  11. I Just smoked, my desription of how I feel at this moment;

     

    Ok so I just smoked a joint of a strain called Super Bee, a card holding friend stopped by to give it a try cause I was having some pretty bad back spams, and saw no sleep in my future.

     

    So its been about lets say 10 minutes give or take, Once we started smoking I could instanly taste what would be desribed as earthy, with a pine flavor and smell?. Got to be around the 3rd hit and the buzz effect starting to kick in, were about 1/2 way done with the joint at this point.

     

    I at this point start to feel my spasms in my back begin to untense up and the twitching started to go away, I still have a pretty good head buzz at this time, not to the point of "duh whats going on" I am now at the place that I have no real pain at all the effects of the head buzz have made me forget that I was in pain before we started..We have finshed the joint by this time, and I feel pretty "medicated" I seem to be thinking alot, nothing in particular just lots of things going through my head.

     

    I don't feel any pain anymore, I know I still hurt, but I just don't feel the pain anywhere now since I smoked, pretty cool thing!. Umm what else my memory is fine all my motor skills seem to be normal no more back spasms and my anxiety has dropped immensely, still have that heavy feeling in my head, Don't quite know how to put it in words.

     

    It has taken a while but I would label this bud a "creeper buzz" cause 10 minutes ago I was medicated its going on 20 minutes or so and the effect is much stronger. I feel great, I keep trying to desribe how I feel as it starts to effect me more and more, But all I can desribe is how I don't have any pain that I can feel at the moment? I tried laying down to fall asleep and my mind is racing still, this is normal for me when I smoke.

     

    I would say that when the effects of the head buzz start to go away (10-20 minutes) that I will be able to shut my eyes and fall alseep cause still 30 minutes later and I'm not feeling the back twisting pinching shooting pains I felt just prior to ingesting it, and that to me is a medication that has done its job it effectively stopped my pain and kept my mind busy so much so that I forgot that I was even struggling with back spasms just a 30-45 minutes ago.

     

    Well that was my smoke report and how this strain effected me, it helped with all the right things I needed assitance with at the time. THANK YOU CANNABIS!

     

    I leave the reply/comments open to you all on how you are effected after you medicate, I did this so people can read and see what they may expect after they inhale cannabis for the first time, or the regular user that has a certain strain they want to share the report on.

  12. Did You Know?

     

    Little Known Facts in the Medical Marijuana Debate

     

    1.Marijuana is classified as a Schedule 1 drug by the 1970 Controlled Substances Act, meaning it is considered to have a "high potential for abuse," "no currently accepted medical use," and "a lack of accepted safety." Rescheduling marijuana to the less restrictive Schedule II or III (45 KB) remains a contentious issue.

     

     

    2.The University of Mississippi has grown marijuana (including a placebo with virtually no THC) for US government-approved research since 1968. Each year the university grows 1.5 acres, 6.5 acres, or none, depending upon demand.

     

     

    3.The first cannabis-based prescription medicine, Sativex, was launched in the United Kingdom on June 21, 2010. Sativex is a mouth spray approved to treat spasticity in patients with Multiple Sclerosis.

     

     

    4.Eight of the 10 states that had legalized medical marijuana by 2006 saw a decrease in teen use of marijuana from 1999 to 2006.

     

     

    5.The states with the three highest possession limits among the 16 states with legal medical marijuana are Oregon (24 plants), California (18 plants), and New Mexico (16 plants).

     

     

    6.Smoked or inhaled marijuana takes only a few minutes to reach the brain, where a series of cellular reactions occur that ultimately produce the "high" feeling. When eating or drinking marijuana, this process can take up to an hour.

     

     

    7.When swallowing marijuana (in teas, brownies, etc.), the main active ingredient, Delta-9-THC, is transformed by the liver into the more psychoactively powerful Delta-11-THC.

     

     

    8.In 1978 the US government started the Compassionate Investigational New Drug (IND) program. Although closed for new patients in 1991, it still supplies 320-360 marijuana cigarettes monthly to each of the four seriously ill patients remaining in the program.

     

     

    9.According to FDA data obtained by our filing of a Freedom of Information Act (FOIA) request, marijuana was not reported as a primary cause of death at all between Jan. 1, 1997 to June 30, 2005 (the time for which the data were available).

     

     

    10.The US Department of Justice, in an Oct. 19, 2009 memo, advised federal prosecutors not to target medical marijuana patients whose actions are in compliance with the law in states that have legalized medical marijuana.

     

     

    11.Marijuana contains over 400 different identifiable chemical constituents, including steroids and Vitamin A.

     

     

    12.The British Lung Foundation reported in Nov. 2002 that 3-4 marijuana cigarettes a day are as dangerous to the lungs as 20 or more tobacco cigarettes a day.

     

     

    13.A UCLA study presented on May 24, 2006 found no association between marijuana and lung cancer, and it suggested that marijuana may even have "some protective effect."

     

     

    14.Drug Enforcement Administration (DEA) Administrative Law Judge Mary Ellen Bittner ruled on Feb. 12, 2007 that "there is currently an inadequate supply of marijuana available for research purposes."

     

     

    15.The 1999 Institute of Medicine (IOM) report, commissioned by the US government, recommended that under certain narrow conditions marijuana should be medically available to some patients, even though "numerous studies suggest that marijuana smoke is an important risk factor in the development of respiratory disease." Read more about the report's conclusions.

  13. do allot of reading and I do not remember a locality barring medical use anywhere else before in a medical cannabis State . Even Livonia's troubling actions previously banning caregiver activities did not go there . That doesn't mean it hasn't occurred but it is rare if so

     

     

    . It just goes to show how discriminatory and dangerous attitudes are for patients . Already many are afraid to go to emergency rooms even at State Run Institutions like the U of M . 3 years after the act has passed I have not heard of one Hospital or Nursing home to have a vape or smoking area for patients who use this as medicine . Even the mention of it is frowned on and of course department heads are banning physicians from writing recommendations even denying medications due to program participation . Yet the AG's office does not step in to protect patient rights .

     

     

    Election year politics are causing a backlash for participants and distractions from care patients just do not need . The fact is only 1% of the population uses medical cannabis and the use is spread out over the whole State . Pretty much our closed community regulates itself and market forces will downsize distribution channels overtime due to real world demand and supply constrictions . It is sad that through the Michigan Municipal League and meetings with prosecutors that have no corresponding opposition harmful attitudes have been spread to form policy against patients and caregivers . Policy that forces opposition and expensive legal actions in which the sick and dieing are at a huge disadvantage in having to go up against the war chest funding of the local Government sworn to protect and serve them . We have even seen the State send in special prosecutors to assist thus further imbalance the court proceedings .

     

    Without the supply from the caregiver system the whole program collapses for the sickest patients even Bill Schuette recognizes eligible though he still will not recognize that any medical benefit from cannabis exists . Because when that is recognized it forces policy of opposition to change to accommodation . In every meeting with officials positive studies reinforcing medical benefits must be driven home negating any foundation for nuisance law . Further the act stipulates all other acts and parts of acts in conflict shall no longer apply ; so how are they enforcing law from the CSA on patients now by merely quoting Federal Statutes we all know conflict but the majority of voters that elected officials choose to ignore ?

     

     

    http://www.lansingst...D=2012303180069

  14. Another recipe using yet another part of this great healer that we just toss out! My last "recycle" recipe was using root balls for topical applications. The stem oil is used in recipes or taken as is.

    Dizz

     

    1) grind stems or cut up into small pieces. A coffee grinder will do the job nicely

    2) In slow cooker add stems and enough oil of your choice (olive, canola, coconut etc.) to thoroughly cover stems. You may need to add oil to compensate for the loss of oil due to the stems absorbing oil as they soften and cook.

    3) Cook on low for 12 hours. Once you reach the 12 hour mark turn off slow cooker and let it sit for 12 hours. You will need to cook the mixture for two 12 hour cycles.

    4) After second cycle of cooking cool and strain.

    This mixture can be use as normal in any recipe calling for oil. Some will substitute butter for the choice of oil that is used to replace the oil loss from the stems softening and absorbing the oil as well as there are those who will make this mix with all butter. I have not found one method superior to the other. You will not get that THC high or buzz from this mixture because the stems are high in CBD, but you will get a subtle deep body relaxation and pain relief with use. If you desire the THC effect add ground buds to make a 50/50 mix and cook in the same manner.

     

     

     

    Happy Cooking!!!

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    I'm about to move back 2 mi from Colorado.i have had my card in co for a couple years. Is it possible to transfer it in to Michigan or am I going to need to go through all the steps to get it? My medical records are also old,I never needed them in co. You would just sit in a room with a doctor and tell them your symptoms, then they would recomend if medical marijuana be the treatment best suited for you. Is it that way in Michigan or do I need to get some medical records stating my conditions? Please help me sum way I need answers.

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    Newlygrown
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    I have five plants that are almost ready for flower and the clones are doing well. I moved my grow tent and added a humidifier as well as watering being cut back and plants are doing well. I also added protyk and it has done well not to let plants wilt. I love it. I am excited to star flowering but I am being patient so as to yield better and to not be impatient and :lol: flower bunny muffin up...

    I will keep posting so that I can see what I do and track my success and failures.

  15. I have been absent from these boards for several months for a number of reasons, chief among them, the lack of an internet connection in my ultra-rural, northern Michigan compound. While I have been fairly isolated, I have stayed in touch with the goings-on by slipping into town under cover of darkness to periodically surf the web. I've noticed that some posts, and many news stories use words that have a different meaning from the word the author was looking for, and I will attempt to clarify the terminology regarding medical cannabis entities.

     

    CAREGIVER (for LEO)

    Section 3 of our law explains exactly what a caregiver is; "Primary caregiver" means a person who is at least 21 years old and who has agreed to assist with a patient's medical use of marihuana and who has never been convicted of a felony involving illegal drugs." Nowhere in the state definition does it say a caregiver is a dispensary like our opponents have articulated. Is this an error on their part or are caregivers really a dispensary? Caregivers do dispense medical cannabis to patients so it's easy to see how they made that leap and why the public seems to be buying it. Further, I know some caregivers who are generating more revenue than lots of small businesses. And while these arguments may be accurate, our law is clear and unequivocal about what a caregiver is, just read Section 3.

     

    COMPASSION CLUB

    A compassion club is exactly what Greg Francisco and I envisioned them to be, a community-based support network that assists medical cannabis patients and caregivers locally. These groups were requested to meet in a public facility such as a library, to expressly provide community outreach and help newcomers find the resources they need. We never intended for these entities to become collectives or smoke clubs, we always told club hosts that they would have an upper leg at establishing a "collective" by networking through the club, but the club was always supposed to be for local outreach.

     

    Because these lines have blurred, the media and our opponents have successfully morphed the words Compassion Club into Dispensary. We need to publically clarify this in the media so everyone including law enforcement understands the difference.

     

    COLLECTIVE or COOPERATIVE

    A collective is formed when a group of patients and caregivers strike out beyond the Compassion Club and form a separate entity. Usually registered as a not-for-profit corporation (not a 501C3), these entities are not sanctioned by the MMMA and are not Compassion Clubs. A collective is a group of people acting individually, yet sharing in the common goal of producing and distributing medical cannabis exclusively for it's members. Unlike Compassion Clubs who generally operate on zero-balance budgets and support from it's members, Collectives usually generate enough revenue to rent or buy their own space, and pay employees and taxes.

     

    A medical cannabis dispensing collective usually operates from a storefront or clubhouse, not a public place. A collective is a form of dispensary, kinda like a credit union is a type of bank. They both do the same thing, many times the only difference is fees and customer service.

     

    DISPENSARY

    A dispensary is a storefront business that distributes medical cannabis and operates fundamentally like any for profit business. Most of these entities are not-for-profit corporations (again not 501C3), but some actually operate as traditional for-profit businesses.

     

    Are dispensaries legal or not? Nobody knows for sure, the courts have not told us yet, but they will. Do we need dispensaries? Absolutely! If you read the definition of caregiver, it actually calls them "primary caregivers". Section 4 further states.

     

    "A primary caregiver who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for assisting a qualifying patient to whom he or she is connected through the department's registration process with the medical use of marihuana in accordance with this act, provided that the primary caregiver possesses an amount of marihuana that does not exceed.....".

     

    We would all agree that "primary caregivers", the same people LEO views as dispensaries, are restricted to transferring medical cannabis only to the patients they are directly registered to. A good argument could be made that dispensaries are needed as "secondary caregivers" to ensure as our law intends in Section 8a2, "The patient and the patient's primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition....". What happens when a patient's primary caregiver drops the patient, runs out of cannabis, or has a crop failure? Dispensaries will ensure you have access to the medicine you need, when you need it.

     

    Aside from the distrust of dispensaries prevalent on these boards (for understandable reasons), most dispensary owners are not in favor of institutionalized growing because they understand it would strip patients and caregivers of their right to cultivate their own cannabis. Some dispensary owners are mom & pop operations just like caregivers and they understand the issue, and agree with the right to grow because most are patients too. Even the large dispensaries produce as much of their own medicine as they can to meet member demand, and to help lower prices and still generate enough revenue to sustain the business.

     

    And because they are traditional businesses in a sense, they have operating costs. The cost to operate a dispensary can be enormous when you look at the way dispensaries will be required to operate in the future. Zoning ordinances will eventually force dispensaries to adopt uniform security measures that can cost thousands to purchase and maintain. While no dispensary owner has ever disclosed to me how much inventory they have, the cost to purchase enough medical cannabis treatment options (more than just raw cannabis) to sustain a dispensary could easily run into the tens of thousands of dollars. Don't forget the lights, heat, phones, employees, taxes, advertising, promotions, and other administrative costs. Oh, I almost forgot permits and legal fees. That's why dispensaries must charge up to $30 per gram for topshelf medicine. Most also have medicine available for under $15 per gram and under $300 an ounce. While still not cheap, those prices are reasonable for a "secondary caregiver" when your regular caregiver can't or won't provide.

     

    All patients should select a primary caregiver, even if you choose to grow your own cannabis. Making your spouse or friend a caregiver extends the protections of our program to good people who may not qualify as a patient, but who regularly come in contact with cannabis.

     

    I hope this clears up the confusion over the composition of the different entities. As members of this community I ask that you correct people when they improperly use one of these words so the media, the public, and our opponents all understand the difference. All of us are leaders within our own circles and that requires each of us to participate in the education of the masses.

  16. YOU GUYS GOTTA CHECK OUT WHAT EVEN SOME OF THE NATIONS LAW ENFORCEMENT ARE TURNING TO. IT COULD BE ONE OF OUR GREATEST DEFENSES IN "HEMP HISTORY" (now i get they are not advocates for med-mj...but they understand that the U.S. GOV. is declairing war on the public for this medicine for personal gov. gain)...they profiteer from minor civil raids and destroy the family structure of our nation by collapsing homes across our FREE nation for minor amounts of marijuana and these days most of the seizures are legal registered users....BS!!! time to stop the COWBOYS like we did b4 and only then will the UNITED STATES CITIZENS have their rights restored...MARIJUANA is our nations future the sooner the fed gov grabs hold of that truth the sooner we move forward with peace and free ontrepanuership on a grand scale for all generations to come...THE 1st link is a horrible raid, have your man gut on this one got me, the following links are for law enforcement against prohibition..."I DO NOT CONDONE LAW ENFORCEMENT ON MANY LEVELS, IN MY EYES THEY ARE OVER-RATED GANG MEMBERS PROTECTED BY THE STATE, AS SHOULD WE BE" if the state would step in n help us like it does for the CROOKED donkey COPS out there that get away with murder and prejiduce the public just MIGHT re-gain their trust in that so called public safety force... NEVER KNOW...SO HERE YA GO...TOKE IT EASY <//////(@~~`~.~~

     

    http://www.youtube.com/watch?v=RbwSwvUaRqc

    I ACTUALLY QUIVERED OUTA FEAR FOR MY FAMILY (even tho i use caregiver) and RAGE FOR WHAT HAPPENED TO THIS ONE...

     

    DUMB donkey COP SHOOTS THIS KID FOR FLINCHING!!! GRR

     

    THESE GUYS ARE NOT EVEN TRYING TO HIDE IT...THEIR LETTING US KNOW THEY WILL GO ROGUE IF THEY GOTTA...

     

    http://www.youtube.com/watch?v=ypdLv0hldvo

     

     

    WAKE UP AMERICA...POTS NOT THE ENEMY THE PROHABITIONISTS ARE

     

    http://www.leap.cc/cms/index.php

    (the link above is actually for LEAP

     

    also see the COWBOYS in another raid on youtube its called "Cops Kill Young Father-to-Be in Botched Marijuana Raid" this sshtuffs gotta stop

     

    Source: Mary Jane ~Vs~ Federal Pain



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