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About this blog

Victories and commentary on the absurdity of daily struggles in the courtroom during this war on drugs.

Entries in this blog

Cops Are Waging A War Against Our Children

Many of you may remember the story of Jesse Snodgrass, a student who suffers from Asperger’s syndrome and was arrested by an undercover cop in his high school. The drug war has claimed many victims and has labeled not only medical marijuana patients suffering from debilitating pain and illness in Michigan as enemy combatants, but has now added our kids to that list. In a society that has become numb to mass shootings and ultra-violent acts committed each day, we must question whether we want t

Michael Komorn

Michael Komorn

Equitable Sharing: How Local Cops Get Around State Law To Steal Your Stuff

Perhaps the most painful and profitable aspect of many police raids is the civil forfeiture process. Unlike criminal forfeiture, in civil forfeiture people do not need to be convicted or even charged with a crime to lose their cash, cars and property. Patients and caregivers in Michigan are all too familiar with this abusive police practice. My clients have had everything from cars, tv's, cash, computers, wedding rings, power tools and even priceless family heirlooms stolen from them by polic

Michael Komorn

Michael Komorn

Busted: 5 Cops Caught Lying On The Stand

Recently in Chicago, a young man was charged and tried for felony possession with intent to deliver marijuana. During a suppression hearing, it became evident that the five officers had conducted an illegal search of the defendant's vehicle. All five officers systematically lied on the witness stand, claiming the defendant consented to the search. A video proved otherwise. The judge, a former prosecutor, admonished the officers and threw out the evidence against the defendant. The prosecutor dro

Michael Komorn

Michael Komorn

Who Is The Real Enemy In The War On Drugs?

The war on drugs, declared by President Nixon in the 1970s, has played a major role in shaping today's society. According to a report by the Pew charitable trust, more than one in every 100 U.S. adults is behind bars. Many consider the war on drugs to be a devastating failure. This seems like a logical enough conclusion. The "war" was declared on our country's own citizens -- it was always a zero-sum game. Like any zero-sum game, it could only be won by the enemy's losses. But if we are the ene

Michael Komorn

Michael Komorn

Michigan Drivers Could Soon Face Saliva Testing For Thc Levels

Ben Horner, owner of one of Michigan’s largest dispensaries, Michigan Organic Solutions out of Flint, shocked both legislators and the Medical Marijuana Community when he announced a proposal to set legal limits of THC in the blood while driving. During a House Judiciary Committee Meeting on April 17, 2014, Horner proposed a plan in which “patients currently enrolled in the Michigan Medical Marihuana Program would be legally allowed to drive an automobile with up to 8 nanograms of THC per liter

Michael Komorn

Michael Komorn

Arizona Supreme Court: Thc In System Does Not Equal Stoned Driving

The Arizona Supreme Court has been making a lot of Pot-friendly rulings as of late. The latest involves an ordinance from 1990 which stated that the presence of inert THC metabolites, namely carboxy-THC, in the body, regardless of any visual impairment, would qualify an individual as driving under the influence (DUI). Carboxy-THC is an inert metabolite that does not have any psychoactive effect, yet under the old ordinance, would still qualify an individual of driving under the influence. Furthe

Michael Komorn

Michael Komorn

Mark Totten For Attorney General November 2014

The medical marijuana community, perhaps more than any other group of Michiganders, has suffered under Schuette. Mark Totten sides with people, including the 63% who voted for the Michigan Medical Marijuana Act in 2008, the LGBT community, and our children. He supports equal rights for all Michiganders. Too many have suffered under Bill Schuette and his party oriented policies. Michigan will be a safer place for people of all backgrounds in 2014 when Mark Totten is elected Attorney General.  

Michael Komorn

Michael Komorn

Marijuana Businesses, Revenues And Banking

The Financial Crimes Enforcement Network (“FinCEN”) is issuing guidance to clarify Bank Secrecy Act (“BSA”) expectations for financial institutions seeking to provide services to marijuana-related businesses. FinCEN is issuing this guidance in light of recent state initiatives to legalize certain marijuana-related activity and related guidance by the U.S. Department of Justice (“DOJ”) concerning marijuana-related enforcement priorities. This FinCEN guidance clarifies how financial institutions c

Michael Komorn

Michael Komorn

Legalize Marijuana? Think Of Your Dog, Says Dea Chief

This is not an Onion Article. Recently, DEA Chief Michele Leonhart said, ”There was just an article last week, and it was on pets. It was about the unanticipated or unexpected consequences of this, and how veterinarians now are seeing dogs come in, their pets come in, and being treated because they’ve been exposed to marijuana.”   She was referencing an article that ran in USA Today which featured veterinarians in Colorado talking about family pets, mostly dogs, coming in who had eaten marijua

Michael Komorn

Michael Komorn

U.s. Supreme Court Upholds Arizona Court Ruling: Cops Must Return Marijuana

Remember the Sheriff from Arizona who stole a California patient’s medical marijuana? He just got told by the highest court in the land to give it back.   Related: Arizona Supreme Court Sets Example for other Medical Marijuana States   The U.S. Supreme Court upheld the Arizona court rulings which ordered Yuma County Sheriff Leon Wilmott to return the medical marijuana he seized from Valerie Okun, a California medical marijuana patient visiting Arizona. The Sheriff ignored the fact that Arizo

Michael Komorn

Michael Komorn

Decriminalization, Legalization On Michigan Ballots In 2014

At least eight cities and possibly a dozen more are presenting local initiatives aimed at legalizing or decriminalizing possession, use or transfer of small amounts of marijuana on private property by persons 21 or older. Similar proposals have been on the local ballot in eight other cities thus far with everyone of them passing.   READ MORE HERE

Michael Komorn

Michael Komorn

Random Drug Testing For All-New Proposal That Is Gaining Momentum

A chilling new paper has been released by the American Society of Addiction Medicine (ASAM) which calls for increased use of random drug testing for Americans of all ages. The paper states that random drug testing is currently “underutilized” and ought to be expanded to include people of all ages in virtually all aspects of daily life. The paper was penned by former United States National Institute on Drug Abuse Director (and present-day drug testing consultant and profiteer) Robert Dupont (alon

Michael Komorn

Michael Komorn

Banks Will Now Accept Deposits From Legal Marijuana Dispensaries

US Attorney General Eric Holder said yesterday that the Obama Administration will announce regulations that allow banks to do business with legal sellers of marijuana. Holder made an appearance at the University of Virginia on Thursday, 1/23/14, and highlighted the concern of what to do with all the cash generated at dispensaries. ”You don’t want just huge amounts of cash in these places. They want to be able to use the banking system…There’s a public safety component to this. Huge amounts of

Michael Komorn

Michael Komorn

Deputy Attorney General James Cole: Prison Population Is A "crisis"

Deputy Attorney General James Cole spoke at the annual New York State Bar Association meeting and focused on a glaring problem in the Criminal Justice System: the huge prison population. Mr. Cole said that the Justice Department recognized that the overwhelming prison population was a threat to public safety, not because it was taking dangerous criminals off the streets, but because it was taking too many non-violent individuals away from their families and throwing them into prison. "Over ha

Michael Komorn

Michael Komorn

Why People Plead Guilty To Crimes They Didn't Commit

I came across a great piece by Lordina Youngcourt, an Indiana based Defense Attorney. She highlights the problems within the Criminal Justice, system and brings to light how the cards are stacked against defendants. “Defendants don’t understand why this system that’s supposed to applaud honesty is telling him “if you want the deal, you have to lie.” So the whole plea system is very difficult [and] very ethically troublesome.” I encourage you to read the entire piece found here. The challeng

Michael Komorn

Michael Komorn

Hawaii Wants To Grow Marijuana To Pay Off Debt

Before we get into it, I must remark on a recent documentary I watched, “The House I Live In.” The film explores how our country’s drug laws have come to be, and the negative social impact that the current drug policy has had on everything from the individual, family, police work, prison system, and economy. When people become jobless, hopeless, and desperate, they have historically turned to the black market economy of illegal activity. This is true of every immigrant group that has come to

Michael Komorn

Michael Komorn

Gretchen Whitmer Stands With The Medical Marijuana Community

The Planet Green Trees Radio team was delighted to have Michigan Senator and Senate Democratic Leader Gretchen Whitmer on the show this past Thursday. We discussed the recent passage of Senate Bill 660, which would authorize Pharmacies to dispense prescription cannabis if the Federal Government removes the drug from its current Schedule I status.   To read the full post, please visit the Komorn Law Blog at http://komornlaw.com/komornlawblog/gretchen-whitmer-stands-with-michigans-medical-marij

Michael Komorn

Michael Komorn

This Is A Man Who Makes Millions (In Your Tax Dollars) Keeping Marijuana Illegal

Back in 2010, when Californians were given the opportunity to vote to legalize marijuana in their state, Lobbyist John Lovell went to work for the special interest groups who make a killing off of keeping cannabis illegal. The defeat of Prop 19 and the money that subsequently flowed to a select few is yet another example of how special interests are undermining the will and well being of the majority of US citizens. To read the story, click here

Michael Komorn

Michael Komorn

Jury Selection In Marihuana Cases

I just picked a jury in a marihuana case, there were several perspective jurors who were excused, who will not sit on our jury because of the answers they gave during the jury voi dire. This is not the first time this has happened.   If you believe in medical cannabis, and or that Marijuana should be legal and you find yourself on a jury in a marihuana case here are some things to remember: 1. During the Jury Selection, you will be asked if you can put your personal or philosophical feelings

Michael Komorn

Michael Komorn

50 Years After Key Case, Problems Defending The Poor Persist

The 50 Year Anniversary of a defendant's constitutional right to counsel, begs the question.. has Gideon fulfilled its goals, do the indigent defendants get less justice than those who can afford to hire a lawyer? A half-century after Gideon v. Wainwright, many lawyers say the system for providing defense attorneys for the poor is in crisis.   "It is a vital constitutional right," Lefstein sa

Michael Komorn

Michael Komorn

Cautious Optimism For Approval Of New Medical Marijuana Conditions

Last August, the state began assembling a medical marihuana review panel, with the ultimate goal of finally hearing arguments to add new conditions to the Michigan Medical Marihuana registry. Now, with the help of that panel, more than four years after Michigan residents approved the Michigan Medical Marihuana Act (MMMA), the registry is close to adding its first new condition -- Parkinson's disease. On Friday, January 25, the state's Department of Licensing and Regulatory Affairs review panel

Michael Komorn

Michael Komorn

Oakland County Sheriff Michael Bouchard, Pilot, County Sued Over Claims Of Damage From Helicopter At Dream Cruise.

http://www.theoaklan...64140089649.txt By DUSTIN BLITCHOK dustin.blitchok@oakpress.com; Twitter: @SincerelyDustin'>http://bit.ly/LGMFSH">@SincerelyDustin   The Oakland Press/DUSTIN BLITCHOK. Terry McIninch, left, and defense attorney Steven Reifman talk to reporters on Saturday in the Pontiac lot where McIninch says an Oakland County Sheriff's Office helicopter hovered too low, damaging his vehicles and injuring his two children. McIninch filed suit against Oakland County Sheriff Micha

Michael Komorn

Michael Komorn

Dr. William Courtney- Guest On Planet Green Trees

Great Show last night- we had the world renowned leading specialist in the human cannabinoid system Dr. William Courtney. If you want to learn about the health benefits of Raw Juicing the cannabis plant, this is the show you want to listen to. (Dr. Courtney and the Medical Cannabis Communities favorite Legislature Representative Callton will be speaking tonight Friday 10 12 12 at the Genesys Conference and Banquet Center, 801 Health Park Boulevard, Grand Blanc township, MI 48439). Also callin

Michael Komorn

Michael Komorn

Federal Court Of Appeals To Consider The Benefits Of Medical Marihuana

Here are the Summary of the arguments   THE DEA ACTED ARBITRARILY AND CAPRICIOUSLY, AND WITHOUT SUBSTANTIAL EVIDENCE, IN CONCLUDING THAT MARIJUANA DOES NOT HAVE A “CURRENTLY ACCEPTED MEDICA USE IN TREATMENT IN THE UNITED STATES”     QUALIFIED EXPERTS RECOGNIZE THAT MARIJUANA HAS MEDICAL USE   THE DEA ERRED IN FAILING TO FIND THAT MARIJUANA’S CHEMISTRY IS KNOWN AND REPRODUCIBLE   THE DEA AND HHS ERRONEOUSLY FAILED TO COMPARE MARIJUANA TO OTHER SCHEDULED SUBSTANCES THE DEA ERRONEOUSLY

Michael Komorn

Michael Komorn

Some History About Marijuana In America You May Not Be Aware Of And How 2 Lines Of Coke Got Us To This Point

http://www.thedailybeast.com/articles/2012/10/03/marijuana-could-be-legal-in-colorado-and-washington-after-election-day.html   Marijuana Could Be Legal in Colorado and Washington After Election Day Oct 3, 2012 4:45 AM EDT   Two lines of coke killed Carter’s plan to legalize pot. Thirty-five years later, pro-pot leader Keith Stroup reflects on how close he came and how close we are.   Marijuana’s moment finally seems to be here. At Hempfest in Seattle last month more than 100,000 fans rall

Michael Komorn

Michael Komorn

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