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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

Years of blood, sweat and tears to get Autism as a Qualifying Condition in the MMMA.

We have come a long way from 2013, when a parent submitted the first petition to add Autism as a qualifying condition within the Michigan Medical Marijuana Act. It was ultimately rejected due to a lack of any research materials and testimony. http://komornlaw.com/wp-content/uploads/2018/02/Final_Determination_Autism_436526_7.pdf In 2014, a Parent tried to submit a new Autism petition with some testimony about physicians treating Autism patients who qualify due to also having epile

Michael Komorn

Michael Komorn

Will teens no longer go to jail in Michigan for minor in possession of alcohol?

Minor in Possession (of alcohol) was never supposed to put the minor in jail. It has been a travesty of justice for at least the past 20 years that minors and adults 18-20 were thrown in jail solely for drinking alcohol. Even in 2004 , the law was not supposed to put minors in jail. But judges found ways around the laws to put minors in jail for this offense. The legislature changed the MIP law, over and over again in attempts to keep minors out of jail for this offense, to n

Michael Komorn

Michael Komorn

Why was medical marijuana banned?

As this news hit in the last throes of 2017, it seems appropriate to take a step back and understand why exactly marijuana was banned all of those years ago. Please continue reading to find the answers on this long and weird journey through time. Elderly Couple Stopped In Nebraska With 60 Pounds Of Weed ‘For Christmas Presents’ https://www.npr.org/sections/thetwo-way/2017/12/22/572844666/elderly-couple-stopped-in-nebraska-with-60-pounds-of-weed-for-christmas-presents

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

Why Marijuana Charges Against Patients/caregivers Are Not Brought Under The Mmma

The reason that criminal charges alleging violations of the public health code (delivery of marihuana, possession with the intent to deliver marihuana, and manufacturing (growing) marihuana), are brought in these cases instead of violations of the MMMA, is that there are very few options or similar types of criminal charges available under the MMMA. The MMMA does not have any defined penalties, and as a few courts have ruled, a violation of the MMMA, is not a crime, instead it results in the pat

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

When the Prosecutors and Judges really do conspire against you.

My client is facing a number of years in jail. A confidential informant aka C.I. is involved. In most cases a C.I. is a person who is caught committing a crime by the police, and instead of being put on trial, the police use them as undercover informants. Usually the buying and selling of controlled substances. Using the "little fish" to catch "bigger fish" is the justification of this, but it routinely backfires and the C.I.'s have been murdered in a large number of cases. Back in my clien

Michael Komorn

Michael Komorn

Warrantless Wiretapping Encourages Constitutional Rights Abuses

Warrantless wiretapping is a terrible idea and is unconstitutional. It was created at a time when America was thought to be at WAR with the terrorists. 17 years later, America was always at war with the terrorists. Illegal wiretaps of all communications continue, but are solely focused on Americans, and more specifically focused on the war on drugs, not terrorism. Not to be outdone, the NSA and DEA know that their secret illegal wiretaps are illegal and would not be used as evidence in the

Michael Komorn

Michael Komorn

War On The War On Drugs

War on the War on Drugs Great article from Larry Gabrial from the Metro Times. While critical at times, this article is a great perspective of the last three years but also reflects on the bigger picture and issues that face our community in the year to come. After $1 triilion dollars wasted on failed policies, this whole medicinal weed thing really makes senseBy Larry GabrielPUBLISHED: DECEMBER 28, 2011When I started writing this column a little more than a year ago, I thought medical mariju

Michael Komorn

Michael Komorn

Vp Candidate Ryan Says Medical Cannabis Should Be Left To The States But His Prior Vote On This Issue Says Otherwise. 

Ryan says medical cannabis should be left to the states but his prior vote on this issue says otherwise.    Attached is the rohrabacher-hinchey-mcclintock-farr amendment to h.r. 5326 that would have left medical marijuana to the states and was voted on back in May.  Here is the roll call vote( Rep. Dan Benishek(MI-1) DID vote yes):   http://clerk.house.g...012/roll238.xml    You will notice that Mr Ryan of WI voted against it wholeheartedly. Ryan spoke with his vote that medical marijuana

Michael Komorn

Michael Komorn

Victory over 3 cases in two cities.

Our clients in Wayne and Garden City were charged with four counts of controlled substance felonies, as well as the police seizing retirement bank accounts, vehicles and other unrelated property. Count 1: Controlled Substances – Delivery / Manufacture of marijuana 5-45 kilograms Count 2: Controlled Substances – Delivery / Manufacture of marijuana 5-45 kilograms At the time of the charged offense, the clients were valid registered patients and caregivers with the Michigan Medical M

Michael Komorn

Michael Komorn

Victory for an MMMA patient in a Federal Park with his medical marijuana.

The conflict between state medical marijuana laws and the Federal Controlled Substances Act has been playing itself out in courts across the country. In addition, Congress has passed an act to prohibit the Department of Justice from prosecuting patients and caregivers in medical marijuana states. The DEA and DOJ have taken the position that this appropriations act rider means nothing, and have argued as such in court on many occasions in courts nationwide. Funny, they said we should "change

Michael Komorn

Michael Komorn

Victory against unconstitutional search and seizures.

Komorn Law PLLC is proud to report another complete dismissal of all charges for our client. These past few months we have attained a high rate of dismissals of our client’s cases.   In this case our client was charged with allegations of felonious marihuana conduct; the case involved the definition of a medical marijuana plant in the law. More specifically, whether or not the plant was producing food from photosynthesis and was “living”.  Of course, the prosecutor wanted to fight abo

Michael Komorn

Michael Komorn

Us Government Unable To Keep Ancient Superfood, Hemp Seeds, Under Wraps

http://www.prweb.com/releases/hemp/marijuana/prweb9954724.htm     Hemp, Inc. (OTC: HEMP), the first all-hemp, publicly-traded company in US history forges path in the industrial hemp industry, continues its effort to blow the lid off a nest of deception and double standards many feel have been imposed by the United States government concerning the ancient superfood, hemp seeds. Despite the Cannabis classification, hemp seeds aren't for smoking, nor does it get you "high" as countless people h

Michael Komorn

Michael Komorn

Us Attorney Guidelines For Busting Dispensaries

US Attorney Guidelines for Busting Dispensaries From: California United States Attorneys This memorandum outlines factors that all four California U.S. Attorneys Offices (the USAOs) agree may render a particular marijuana case suitable for federal prosecution. Identification of these factors is intended to assist federal, state and local law enforcement agencies in determining whether a particular marijuana case has significant potential for federal prosecution and conducting investigations in

Michael Komorn

Michael Komorn

Uruguay's lessons on marijuana legalization

The Brookings Institute released a comprehensive report on Marijuana legalization in Uruguay in March. In the report the researchers detail how well the program has worked and why the limitations placed upon legalization have only backfired against the country. The implementation of legalization in Uruguay has directly mirrored the implementation of medical marijuana here in Michigan. With local police forces ignoring and treating marijuana as if it were still illegal in many cases, while t

Michael Komorn

Michael Komorn

Universities Could Distribute Medical Marihuana

Universities could distribute medical marijuanaOption suggested by state work groupBy ASHLEY M. LATTA, Capital News Service     http://www.hometownannapolis.com/news/TOP/2011/12/02-17/Universities-could-distribute-medical-marijuana.html   In May, Gov. Martin O'Malley signed into law a bill providing a legal defense for marijuana use by patients who have been diagnosed with a debilitating medical condition that is "severe and resistant to conventional medicine." But the new law does not per

Michael Komorn

Michael Komorn

Unanimous Michigan Supreme Court Decision Upholds Voters' Intent Of Medical Marijuana Law

Michael Komorn   President, Michigan Medical Marihuana Association   Unanimous Michigan Supreme Court Decision Upholds Voters' Intent of Medical Marijuana Law           On Thursday, May 31, the Michigan Supreme Court unanimously agreed to overturn a decision by the Michigan Court of Appeals and protect medical marijuana patients and caregivers, preserving the intent of the Michigan Medical Marihuana Act (MMMA). The highest court in the state, in reviewing two cases -- Larry King in Sh

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

U.s. Government Licenses Patent For Medical Marijuana

U.S. Government Licenses Patent for Medical Marijuana It has been well documented that the Federal Government is aware of the medical benefits of cannabis. Yet marijuana remains a controlled 1 substance. This fact makes the following very difficult to reconcile.   Thursday, December 15, 2011 U.S. Department of Health and Human Services is About to Award Exclusive Rights to Apply Marijuana as a Medical Therapeutic Deadline for Comment: Monday, Dec. 19 LOS ANGELES, CA – Dec. 15, 2011

Michael Komorn

Michael Komorn

To The Legislature Of The State Of Michigan: Implement The Medical Marihuana Act Don’T Amend It.

To the Legislature of the State of Michigan: Implement the Medical Marihuana Act Don’t Amend it.   http://www.blogtalkradio.com/planetgreentrees/2012/02/10/planet-green-trees-episode-80   The Voters of the state of Michigan by an overwhelming majority of 63% approved the medical use of Marihuana. The medical marihuana community has yet to see the government implement the law as it was intended. The cards remain 7 months behind, there have been no new conditions added to the registry and th

Michael Komorn

Michael Komorn

Time Magazine confirms, Marijuana prohibition originally was racism against immigrants

Nearly two years ago I traced the history of why Marijuana was banned in the United States. Time magazine has researched the same origin of Marijuana prohibition and has come to the same conclusions. The plant Cannabis Sativa is only called Marijuana because it sounds spanish/Mexican. Cannabis prohibition laws were enacted to specifically criminalize otherwise lawfully abiding adult immigrants from Mexico, fleeing the violence of the Mexican Revolution in 1910. This racist policing has

Michael Komorn

Michael Komorn

Three new Michigan medical marijuana bills introduced on 4/19

When the legislature banned a patient and caregiver from extracting marijuana using butane inside of a residence, the reason given was for the safety of the public. The changes to the MMMA proposed by Triston Cole do not rely on safety, or any logical reason at all. This kind of power grab is frightening. It is one thing to ban an activity, it is quite another to make extracting marijuana a 5 year felony. Triston Cole wants extracting marijuana to carry a longer sentence of 5 years in

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

The war on marijuana defies logic, science and reasoning, according to the government.

Governments from around the world have conducted exhaustive studies on Marijuana / Hemp / Cannabis and have found the exact same results each and every time, consistently over the last 120+ years. Likewise, the governments have attacked, ignored, buried and outright shunned every one of these reports for the last 120 years. The Indian Hemp Drugs Commission Report India 1893-1894 The Indian Hemp Drugs Commission Report, completed in 1894, was a British India study of cannabis usage

Michael Komorn

Michael Komorn



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