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Showing content with the highest reputation since 08/24/2018 in all areas

  1. 3 points
    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 about the definition of “usable marihuana” too. With a splash of Manual and Mansour mixed into the fray. Much to my surprise the Court was very familiar with the conflicts of law that currently exist within the MMMA and the court, and the issues that were created by the Mansour opinion. The court was prepared to grant a stay in the proceedings until that mess of an opinion gets worked out. Today the Court heard arguments from the parties regarding the warrantless search of my clients home and whether the government could constitutionally validate the warrantless search. In Michigan, we have found that the courts go to great lengths to destroy the 4th amendment protections, going so far as to have a “good faith” exemption to unconstitutional search warrants. As is often the case in warrantless searches regarding drug task forces investigating marijuana tips this case dealt with a “knock and talk". The knock and talk is a tool used by law enforcement agencies which allows them to traverse on to a citizen’s property, to question and even investigate a person or citizen. The knock and talk however is not absolute and there are specific limitations. The best way to describe is that the police would be allowed to come into a person's property in the same manner or method that a Girl Scout would or some other person soliciting something. Knock and talks are generally legal assuming that the police limit their interactions to the areas of the property that a citizen would not have an expectation of privacy. Examples of this limited to walking up the driveway to the front door. Nothing more nothing less. There is some significant case law recent years in Michigan that lays out specific details of some of those limitations and also when an officers’ knock and talk goes too far. People v Frederick and Van Doorne is a case involving Kent County Sheriff's officers that baked marijuana butter. The case went to the Michigan Supreme Court, which describes those limitations and the proper analysis for when and how officers can conduct knocks and talks. The court did not take issue with the police detectives/investigators in this case, ignoring the fact that they were not in police uniform when they did their knock and talk. The court ruled that it didn’t matter if the police were undercover, because that fact did not violate the knock and talk rules. Even though I disagreed with the court in this tiny issue, this was not the ultimate legal issue that was dispositive in this case. The legal issue that was dispositive in this case was that once the police officers, who were conducting a lawful knock and talk, and who were lawfully on the porch of my client's house, and were lawfully ringing the doorbell to interact with my client, with the intent of trying to establish probable cause to search possibly get a search warrant, it is what happened in that situation that was the ultimate dispositive issue to which the court ruled in our favor. As we have been finding more and more, police agencies in Michigan have an additional tool to trick patients and caregivers from the immunities from arrest, prosecution, and penalty of any kind. Police make offers to do a “compliance check”. Police will ask very politely if the homeowner will show them around their medical marijuana garden to ensure compliance with the MMMA. This was the ultimate issue in this case. As I mentioned this case involving search and seizure of evidence without a search warrant. The U.S. Constitution and the Michigan Constitution expressly prohibits the searching and seizures without a warrant. That in fact warrantless searches and seizures are per se invalid. The government must make an allegation to justify the warrantless search in order for the search warrant to be constitutionally valid. In this particular case, the government's theory of why the search and seizure was constitutionally valid, was because according to them my client consented to the search of his house. Today the government in this matter argued my client consented to a search of his house, offering the testimony of the officers who said my client consented to search and therefore the government did need a search warrant. While this theory may be true in other circumstances, a warrantless search and seizure is justified if the homeowner consents to a search and seizure. However this was not the testimony that supported the charges, this is not the way in which testimony came out at the prelim exam during cross-examination. Had the testimony in the preliminary examination been that they requested consent of the homeowner/my client to search his house and asked if they could come into search the house for illegal contraband or whatever arguably that would've made for a constitutionally valid search and seizure. As I argued today and in contrast to the states position I relied on the testimony at the prelim exam where I had locked the officers into admitting that they did not follow proper procedure, but upon encountering my client at the front door during the “lawful knock and talk”, that they indicated the reason to which they were there. That reason according to the officers was that there was a tip that they had received that there was an illegal marijuana grow that occurred was occurring at that location. As I got the officer to admit that when you explain to my client the reason why you were there when you're doing your knock and talk that he responded by telling you that he was a medical marijuana patient and that there was no illegal substances within the house. The officer answered yes. I said then what did you say next that ultimately resulted in you gaining access to the house the officer said “well I told him that he needed to check whether or not he was in compliance with the Michigan medical marijuana act”. During this colloquy I said to the officer please explain to me, please direct me, please show me what is your legal authority for doing a compliance check of any individual regarding their medical marijuana behavior? It is here at this juncture that the state’s case against my client fell apart. There is no legal authority for any drug task force team to do a medical marijuana compliance check. The specific section of the MMMA that prohibits this is section 333.26424G, possession of, or application for, a registry identification card shall not constitute probable cause or reasonable suspicion, nor shall it be used to support the search of a person or property of the person possessing or applying for the registered indication card, or otherwise subject the person or property of the person to inspection by local county or state government agencies. At the hearing today it was this compliance check issue that was flushed out and ultimately the constitutional violation the resulted in the court holding that the consent to search was not valid. Because of that issue, the court found that the police did not constitutionally validate the warrantless search. The issue of consent to search has an abundance of jurisprudence both in Michigan and the federal court system. The concept of consent has been written about often, and raises various issues, charges, defenses etc. regarding police officers interactions with citizens. The States intrusions of citizens rights, or what would be described as unconstitutional, is of no consequence if the citizen, suspect or accused consents to that government behavior. However, consent must be unequivocal. It can’t be wishy washy and it can’t be based upon false or misleading information. Consent must be unequivocal and it must be given knowingly, voluntarily without threat or coercion. The capitulation to the government’s request can’t be based upon trickery or a lie. The circumstances of my client’s case today were about the consent, or shall i say consent that was not unequivocal or constitutionally valid. I read from the transcripts from the preliminary exam ( quoting from the testimony of the officers) where the officers had testified that the last statement made to my client before entering his house was that they the investigator/ detectives needed to do a medical marihuana compliance check. These same officers admitted they were not part of the MMFLA task force or investigators ( and were not even sure that they were even aware of the existence of that agency). I pointed out to the judge that there exists no legal authority by these officers to do a compliance check. A compliance check is not the same as consent to search. By asking, suggesting even implying that they had this legal authority is obtaining consent by trick, by misrepresentation or whatever you may want to call it, it was not “ knowing, voluntary and or without duress” consent. It was this behavior by the government actors the Court found to be the constitutional violation. The court found that my client’s consent, which was allegedly obtained, was invalid, and the warrantless search of the residence and the seizing of the property and “evidence” was unconstitutional. Thus the evidence seized was done so illegally and the court suppressed the evidence and all the charges were dismissed. The lesson learned here, and the take away is simple. 1. Don’t be fooled into believing that there exists a legal authority for police officers or drug task force officers to check or determine you compliance with the MMMA 2. Never, Ever, Ever consent to a search. The often forgotten 4th amendment got some love today, and my joy is that this Court today had the courage and wisdom to make the correct ruling.
  2. 3 points
    Recreational marijuana provides little protection for cannabis users beyond the ability to purchase it. Any type of discrimination goes for a cannabis user under a "recreational" marijuana regime - it's just another drug like booze. We must protect medical marijuana or people will really lose access; and I don't mean their store will close.
  3. 2 points
    I have heard many stories like this and those stories are what made me realize ALL cannabis use is medical. With some people they just don't know it. Others are observant enough to understand their relationship with cannabis is more than just for kicks. I have been medicating since I was 16 also (age 55).
  4. 2 points
    I agree I believe marijuana cured mine also.
  5. 2 points
    My Dad had Tourettes Syndrome since he was a child, but only got the diagnosis (and learned the name Tourette's) at like age 30. I started showing symptoms of Tourettes around age 16. Mostly facial ticks (blinking, scrunching nose, pouting) and some vocal ticks (chirping, throat clearing, and other sounds... but no words). I also had an issue with constantly picking my wedgie and adjusting my junk at inappropriate times in public. Luckily I knew what it was, and was familiar with the disease. Age 16 was also the time that I started smoking weed. It quickly soothed whatever "itch" I had in my brain that compelled me to tick. I consider myself to have been "cured" by my use of MJ. By age 18, I had no ticks left at all and remain tick free up to now (age 49).
  6. 2 points
    Shows you are a chronic user which may be a defense for a positive THC test while driving. I guess it might be the same if you have a huge pile of receipts from the dispensary? The important thing would be to have a sobriety test when your driving is challenged. We will have to see if there are any differences in the charges that get filed between patients and rec users. It's going to be up to law enforcement what the difference is. If they want to treat it the same then it will be the same.
  7. 2 points
    Easy E

    Help with question!!!

    For me it's the whole package I laid out in your other thread. The edibles give the base line relief and last about four hours per 200mg for me. I also take my edibles with food as I find it gives a slow even release. Then smoking flower gives me the top off or instant relief. The Hash is for the times the flower just wont cut it.
  8. 2 points
    If someone can be kicked out of housing for marijuana, if someone can be fired or not hired for marijuana, if someone can have their child taken for marijuana, our job is not done. If someone can be arrested for exercising a right under the influence of marijuana, if someone can be denied marijuana on probation or parole or under any circumstances whatsoever, our job is not done. In fact, recreational marijuana is essentially meaningless. Nothing which is illegal now for a patient is made legal by recreational marijuana legalization.
  9. 2 points

    Michigan Ginseng

    I pick ginseng like once a year. I was out hiking through the woods and meadows one day when I moved to the yooper and I ran across a ginseng flower. it was on the edge of a meadow and a copse of trees on a slight hill. I was like,... ahh cool. Then I looked to my right and seen another one, even cooler; then I looked up and stepped back and seen an entire small hillside with a lot of sporadic ginseng. I have done small harvests of that patch for 17 years now. :-) Don't ask where it is.... hahaha...! I protect it more than my morel and shaggy mane patches. But yes,... I pick a lot of stuff from the woods myself. About a half dozen different mushrooms, ramps, ginseng etc.
  10. 1 point
    Hello, my name is Mayhem and I am looking for a few people to become a Caregiver for. I have been growing for 6 months and before I started growing I researched for a year before my first seed went in the ground. I grow organic using bottled/liquid organic nutrients. I now have several successful harvests under my belt with more coming in the future and I am looking to help spread this great medicine. I currently have 5 openings! I am still learning, but do strive to provide the best and cleanest medicine I can at decent prices (part of why I choose to grow organic). Donations range from 150-200/oz and I can deliver up to 2 hours away from the Metro Detroit area. Strains that are ready dried and cured: Strains I have going that will be ready soon: More SD Catpiss (Sour, Citrus, Pinesol) More Diesel (Spicy, Sweet, Minty) Arctic Fallout Pheno #1 (Garlic, Body odor) Arctic Fallout Pheno #2 (Raspberry, Body odor) Blueberry Sky Dweller (Chem, Pledge wood cleaner) New Grape 48 (Purple kush x (Purple bud x AK48) Cactus (White widow x Northern lights) Strains I have going for the future: Jujy Fruity🍎🍇 Gumdrop Cookies🍪🍬 More Original Diesel (Spicy, Sweet, Minty) More Sky Dweller More Blueberry GDP (Pheno; Not yet known) More Cactus (White widow x Northern lights) More AF #1 More AF #2 Super Silver Haze (SD Catpiss Pheno) Original Diesel
  11. 1 point
    Patients and Caregivers are discriminated upon in many facets of life, be it employment, housing, education, student loans, banking, travelling, medical care, prescription medical care, parental rights... and in this case, Emergency Medical Care! My client is a Michigan Medical Marijuana patient who was having an emergency. An ambulance picked him up, and against his hospital preference, the ambulance took him to the U of M Ann Arbor Hospital. While at the hospital, the patient, my client, in response to the standard medical care question of "list any other medications you are currently taking", was honest and replied that he uses a topical marijuana oil. He used the oil at the recommendation of his primary care physician to help with his cancer and chronic pain. He had the oil in his belongings when he was brought to the hospital. The Registered Nurse at the hospital then called the Hospital Security Officer, who then confiscated the patients medical marijuana oil and called the police. Why is the Physician - Patient privileged relationship being violated like this? My client told his nurses that he was a MMMA patient, those same nurses told the HSO and police officer he told them he was a MMMA patient as well. So what gives? The police have the discretion to investigate or talk to people instead of making a case out of something. Why waste time on investigating a medical marijuana patient? The police officer sent the topical marijuana oil to the Michigan State Crime Lab for testing, coming back positive for THC. The police officer forwarded the lab report to the Washtenaw County Prosecutors Office for prosecution. The WCPO then filed charges against this MMMA patient. All for .5 oz of topical oil marihuana-infused product that the patient had in his bag. Of course the prosecutors office did not blink an eye, nor did they use prosecutorial discretion. They issued the charges and sent the warrant to me so that I could have my client turn himself in. This is called a pre-arrest investigation at my office. If you ever have a police interaction but are not arrested, it means they are waiting on lab results. After they get the lab results back , they send out the warrant and arrest you wherever they can find you. Be it at your Home, work, school or driving on the road. When they arrest you at Home, they search your house. When they arrest you at work, you may have to explain to your boss what happened. When they arrest you at school you will be embarrassed. When they arrest you on the road, either you have to get someone to pick up your car or they will tow it. They will search your car as well. Then you have to post bond to get out of jail too. So hiring an attorney that will handle all of that, so you can turn yourself in, not speak to the police, and be arraigned and have usually a personal recognizance bond (meaning you don't have to pay anything, just have to show up at your next court date) is helpful in avoiding a bad situation. This is happening in Ann Arbor of all places? The city that decriminalized Marijuana down to a $25 civil infraction fine? U of M is state property, since it gets state funding. My Advice? If you are a Patient or Caregiver (or not a patient/caregiver) , never admit to anyone that you are possessing marijuana. Marijuana is currently still illegal and currently there are still people who WILL CALL THE POLICE ON YOU for having marijuana. In this case the patient did not have his card at the time he was hospitalized, but registered with the state afterwards. We prepared a Section 8 defense to the crime of possession of marijuana and were ready to battle in court. Instead of our Section 8 evidentiary hearing, instead of the prosecutor wanting to cross examine my client's physician, instead of testifying and all of the pain of a Section 8 defense, we went with a quick Section 4 dismissal. The prosecutor was SHOCKED that my client could not be prosecuted due to having his card now. Judge agreed and the case is dismissed. If you were charged with marijuana possession or manufacture, give me a call. I will fight to get the charges dismissed. 18006563557 http://www.komornlaw.com
  12. 1 point
    A place for us to discuss our treatments and experiences with and while coping with this difficult disease. and how cannabis plays a role in our treatment. Hello I'm Gannon (waves) I've had tourettes syndrome(mild) and motor tick disorder (moderate) since I was 6-7 years old. cannabis has completely stopped my symptoms other than visual triggers of others ticking. and high stress situations.
  13. 1 point
    https://www.pressherald.com/2018/06/20/canadas-official-marijuana-legalization-set-october-17/ TORONTO — Canadian Prime Minister Justin Trudeau said Wednesday marijuana will be legal nationwide on October 17. Trudeau said in Parliament that the government is committed to better protecting Canada’s youth and hopes to take money away from organized crime.
  14. 1 point
    Wild Bill


    Try a heavy hitting indica for RLS. Northern Lights or Mazar-I-Sharif. Look for a strain described as "couchlock". Start out by smoking if you're able to. The smoke takes effect immediately but doesn't last as long as edibles. Use the smoked product to take the edge off while you're waiting for the edible to kick in. Sometimes hash or wax is best, it's more concentrated. Think of whisky compared to beer.
  15. 1 point
    Wild Bill

    Many questions but no one to ask!!

    Try high THC strains. I suspect high CBD strains are over hyped in an attempt to sway those who are against medical cannabis. "CBD doesn't get you high so it's OK."
  16. 1 point
    Wild Bill

    Help with question!!!

    I've found that cannabis doesn't necessarily stop the pain but you don't notice it as much. It takes your mind off of it so you don't dwell on the problem. Edibles can be unpredictable. Effects differ dependent on a number of factors ie, full or empty stomach, tired etc. Edibles work best for me if I eat them just before a meal. You might try tinctures. They take effect quicker and makes it easier to judge what dosage you need. Most people recommend indica strains for pain but I have found sativas work best for me.
  17. 1 point
  18. 1 point
  19. 1 point
    Michael Komorn

    Moving north

    All of the ordinances against patients and caregivers are nullified by the state MMMA law, and as upheld by the Michigan Supreme Court in Ter Beek v Wyoming. http://komornlaw.com/wp-content/uploads/2018/05/Ter-Beek-v-Wyoming-S145816.pdf and http://komornlaw.com/wp-content/uploads/2018/05/York-v-Miller-335344.pdf Some cities are still harassing patients and caregivers of course. Even cities that have dispensaries and should know better (Ypsilanti area). So... Do you poke the city's eye with this issue? Get a declaratory judgement like Mr TerBeek did ? Waste time in court etc? It is up to you. Also double check that it is the township that your new home is located in, some of these ordinances are for the city and not the township and vice versa. You could call the prosecutors office there and ask if they are enforcing that ordinance in light of Terbeek v Wyoming. They may not be enforcing the issue and just leaving it on the books in order for the township supervisors to feel better.
  20. 1 point
  21. 1 point

    Michigan Ginseng

    Michigan Ginseng Certification ProgramOne of the lesser known, but very interesting small agricultural crops grown in Michigan for export is American ginseng, Panex quinquefolius L. Michigan's Ginseng Certification Program was established to promote the production and harvest of cultivated ginseng. Wild ginseng is rarely found in Michigan and is a threatened (legally protected) plant. Federally, wild ginseng is protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Click here for Ginseng Frequently Asked Questions. What is the difference between Wild and Cultivated Ginseng? Cultivated ginseng is ginseng growing or grown in managed beds under artificial or natural shade and cultivated according to recognized horticulture practices. Wild ginseng is ginseng growing or grown in an uncultivated state or harvested from its natural habitat. Wild ginseng includes ginseng that was introduced to its natural habitat by sowing ginseng seed or transplanting ginseng plants from other areas and then performing no standard cultivation practices. What does Ginseng Look Like? Ginseng Plant Ginseng Root Ginseng Farm Ginseng look-a-like plants Wild Sarsaparilla Bunchberry Jack-in-the-pulpit The Michigan Ginseng Act Act 184 of the Michigan Ginseng Act regulates the harvest, sale, and distribution of American ginseng grown in Michigan. Act 184 makes it unlawful to take American ginseng from the wild without a permit from the Michigan Department of Natural Resources (MDNR). Currently, the MDNR is not issuing any permits to harvest wild ginseng. The Michigan Department of Agriculture and Rural Development (MDARD), Pesticide and Plant Pest Management Division (PPPMD) administers the state ginseng certification program. Michigan Ginseng Licenses The Michigan Ginseng Act authorizes MDARD to issue both the Michigan Ginseng Grower's License and the Michigan Ginseng Dealer's License. A Michigan Ginseng Grower's Application is required only in the year a ginseng grower harvests and distributes the harvested ginseng roots. The license runs from August 15 to August 14 of the following year and costs $25.A Michigan Ginseng Dealer's application authorizes the dealer to buy, collect, or otherwise acquire ginseng roots for resale or export from the State of Michigan. The license expires annually on August 14th and costs $100. Certifying Cultivated Ginseng for Sale After the fall harvest is completed, a PPPMD inspector will conduct an inspection of the ginseng roots and will supply the grower with a Michigan Ginseng Inspection Certificate. This certificate is a legal document that establishes the origin, weight, condition and source of the ginseng roots and also certifies that the ginseng was harvested legally within the State of Michigan, and that all State and Federal laws pertaining to the harvest have been complied with. Links of Interest MDNR "Protection for Plants in Michigan" U.S. Fish and Wildlife American-Ginseng For more information, please contact: John Hill, State Ginseng Coordinator, Phone: 231-922-5233
  22. 1 point

    Michigan Ginseng

    It is 100% illegal to harvest wild Ginseng in Michigan. You have to get a license through the DNR which they haven't issued in years and years now. It is an endangered species because of over harvesting. Due to it taking many many years to grow, it is very hard to replace. It is a state and federal crime. So,... don't do what I do,... and if you do,.. learn how to properly manage your magic wild plot so it thrives and is not depleted. :-) You can plant your own and harvest all ya want though. It takes years and years to get there. Properly grown anyway. Even 'improperly takes 3-4 years.
  23. 1 point

    Selling Clones And/or Seeds

    you're baiting zap on dispensaries but i dont understand why. whats the point grass? we are all in the same reality here. the same hipocracy. the same laws.
  24. 1 point

    Selling Clones And/or Seeds

    some dispensaries are now labeled legal in Detroit for instance? Ones in Ann Arbor have been flourishing for years and labeled legal by the city? they sell clones and seeds legally according to officials? The dispensaries found to be illegal by the same groups are not allowed to sell clones or seeds anymore?
  25. 1 point
    While im not a greenthumb fan, his genetics are rock solid, ghs is a joke though.