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  1. Don’t forget even though marijuana is legalized in the State of Michigan the police still need a way to generate payroll. Treat marijuana or cannabis as many call it with the same approach as alcohol. Don’t smoke and drive. Remember it is still a schedule 1 drug until it’s not. They will be watching and taking. Here’s a release from the Michigan State Police Impaired Driving Law It is a crime for a driver to have a bodily alcohol content (BAC) of .08 or greater if over age 21 or .02 or greater if under 21. In addition, Michigan has a high-BAC law with enhanced penalties for anyone caught driving with a BAC of .17 or higher. However, drivers can be arrested at any BAC level if they exhibit signs of impairment while operating a motor vehicle. Drivers with any amount of a Schedule 1 controlled substance and/or cocaine are subject to the same fines and penalties as drunk drivers, even if they show no signs of impairment. The only exception is an individual who has a valid medical marijuana card and is driving with marijuana in his or her system. Under the law, an officer must show they are impaired due to that marijuana. Have a Marijuana Related Criminal Record? Get rid of it – Start the expungement process now ! Contact Komorn Law 800-656-3557. Costs and Consequences of a Drunk Driving Conviction If BAC is below .17 and this is a first offense: Up to $500 fine Up to 93 days in jail Up to 360 hours of community service Up to 180 days license suspension 6 points on a driver’s license If BAC is .17 or higher and this is a first offense: Up to $700 fine Up to 180 days in jail Up to 360 hours of community service Up to one year license suspension 6 points on a driver’s license Mandatory completion of an alcohol treatment program Ignition interlock use and compliance after 45 days license suspension is required to receive a restricted driver’s license. Convicted drunk drivers have limited driving privileges, are prohibited from operating a vehicle without an approved and properly installed ignition interlock device, and are responsible for all installation and upkeep costs for the device. Anyone who refuses a breath test the first time is given an automatic one-year driver’s license suspension. For a second refusal within seven years, the suspension is two years. Convicted drunk drivers are subject to a $1,000 penalty for two consecutive years under the Driver Responsibility Act, for a total of $2,000 in additional costs. Safer Alternatives Tens of thousands of people are arrested annually in Michigan for alcohol-related driving offenses. To avoid a drunk driving arrest and the costs associated with such an arrest: Designate a sober driver before drinking alcohol Call a friend, cab, ride service, walk, or take the bus Stay overnight Thanks Officers Note: Remember recreational marijuana is a new venture and many regulations and laws will evolve. This page is for informational purposes. Please consult an attorney and check often for updates. So your best bet is to check with the most experienced and community involved attorney in Michigan…Michael Komorn Michael Komorn is recognized as a leading expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group with over 30,000 members, which advocates for the rights of medical marijuana patients and their caregivers. Michael is also the host of Planet Green Trees Radio, a marijuana reform based show, which is broadcast every Thursday night 8-10 pm EST. Follow Komorn on Twitter. Contact us for a case evaluation at 800-656-3557 The post Legalized Marijuana-Remember it is still a schedule 1 drug until it is not. appeared first on Komorn Law. View the full article
  2. Hover your mouse over the map or tap to see the number of yes and no votes county by county for Michigan Proposition 1 to legalize recreational marijuana. In case you were born yesterday the Proposal 1 did pass and recreational marijuana will be legal 10 days after the vote has been certified. The vote is supposed to be certified by November 26, 2018 in which case the official legal status should be around Dec 6, 2018. Remember it will be regulated, taxed, controlled, hated and loved. Let’s move forward with respect and humbleness for this state win that has been a struggle for so many years. Next is Federal status. Have a Marijuana Related Criminal Record? Get rid of it – Start the expungement process now ! Contact Komorn Law 800-656-3557. The post Interactive Map of How Michigan Voted on Prop 1 County By County appeared first on Komorn Law. View the full article
  3. Gov.-elect Gretchen Whitmer will pursue executive action or legislation to free inmates and expunge criminal records for those convicted of marijuana crimes that will become legal under the state’s pending recreational marijuana law, she indicated Wednesday. Have a Marijuana Related Criminal Record? Get rid of it – Start the expungement process now ! Contact Komorn Law 800-656-3557. “I think that the people of Michigan have said that for conduct that would now be legal, no one should bear a lifelong record for that conduct,” Whitmer said in her first press conference since winning election over Republican Bill Schuette on Tuesday night. Voters approved Proposal 1 to legalize adult marijuana possession and set up a system to license businesses. Read the rest of the story here in the Detroit News About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Whitmer will consider forgiving marijuana crimes appeared first on Komorn Law. View the full article
  4. Michigan Voters Say Yes to Proposal 1 – Record Expungements Next? Keep the momentum going and push for legeslation to allow expungements for people with marijuana related criminal records. When will marijuana be legal? Michigan voters on Tuesday November 6, 2018 approved Proposal 1 to legalize recreational marijuana. 10 days after the election results are certified, which should be by early December. Adults will no longer be arrested or have their belongings taken for simple possession and use of marijuana. Have a Marijuana Related Criminal Record? Get rid of it – Start the expungement process now ! Contact Komorn Law 800-656-3557. What about people who have past marijuana related convictions? There is a bill pending in the Legislature to require judges to consider expunging the records of people convicted of many misdemeanor marijuana offenses that will no longer be crimes under the marijuana legalization. The new governor Gretchen Whitmer — also could consider pardoning some criminal offenders. She has said she would favor some sort of expungement for low-level marijuana offenses. In other states where legalization has passed, California, Colorado, Maryland, New Hampshire and Oregon have taken steps to make it easier for people to get their convictions sealed or expunged. About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Michigan Voters Say Yes to Proposal 1 – Record Expungements Next appeared first on Komorn Law. View the full article
  5. Michigan Voters Say Yes to Proposal 1 for Recreational Cannabis Use Never thought this would happen in my lifetime…. Michigan voters on Tuesday November 6, 2018 approved Proposal 1 to legalize recreational marijuana, but residents will have to wait nearly a month to legally light up and much longer for retail sales. The initiative will become law 10 days after election results are certified, which must happen by at least Nov. 26, 2018. That means adults over the age of 21 will be able to legally possess up to 2.5 ounces of marijuana by Dec. 6, perhaps sooner if election results are certified prior to the deadline. “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. Use both those rights and Contact Komorn Law Immediately to secure your rights 800-656-3557. Smoking marijuana in public will NOT be legal under the new law, nor will driving under the influence of marijuana. It will likely take more than a year for recreational pot shops to begin retail sales. Under the law, the state must begin accepting applications within 12 months. If the state does not do it then businesses could apply directly to a municipality to open a shop. Municipalities will have the option to prohibit marijuana businesses or limit the number that can operate within their jurisdiction. Recreational cannabis will not be able to be obtained through licensed Michigan Medical Marihuana dispensaries or provisioning centers. About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Michigan Voters Say Yes to Proposal 1 for Recreational Cannabis Use appeared first on Komorn Law. View the full article
  6. Marijuana advocates say legal businesses and caregivers are being targeted for military-style drug raids in spite of attempts to obey the law in good faith. For owners of mainstream businesses, a minor lapse in regulatory compliance could mean receiving a warning and reinspection later. But for medical marijuana businesses, minor lapses in compliance can put them outside the protection of the law. Even the suspicion of a regulatory violation, or, in some cases, false accusations, can result in seizure of assets and prolonged court battles. Darryl Berry studied Michigan’s Medical Marihuana Act in detail before he started growing marijuana for his mother-in-law, who was dying of cancer at the time. He researched the medical benefits of marijuana as well as the regulations, and became a registered caregiver, meaning he was legally allowed to grow up to 12 plants for each patient in his care. He began growing for her and several other patients — all legally. Berry had relationships with local law enforcement, and even invited them to inspect his operation. He thought he was following the law to the letter. That didn’t protect him from being raided in September of 2015. Have you been charged with a drug crime or violation of the Michigan Medical Marijuana Act? Remain Silent and Contact Komorn Law Immediately to protect your rights and freedom 800-656-3557. Berry says police ransacked his home and seized all of his assets. That included two houses, five vehicles, televisions, computers, cash, and many personal belongings. Liens were placed on both houses, preventing him from selling or taking out loans on them. Altogether, the value of the assets seized was over a million dollars. “I was robbed. It was armed robbery that they did. And it really makes me mad because I am a staunch conservative. I always trusted the police and thought if the police arrest someone, most likely they are guilty. That’s what I thought,” said Berry. Michigan’s civil asset forfeiture law allows police to seize property based on suspicion that it is used for illegal drug activity. Michigan State Police reported more than $13 million in asset forfeitures in 2017. Most of that came from suspected drug activity. However, MSP does not report how much of that is related to marijuana as opposed to other illegal drugs or other crimes. Berry’s attorney Michael Komorn said police are profiting by targeting legal marijuana businesses. “It’s a financial incentive. The officers themselves are getting to decide whether an individual is in compliance or not. That decision is also about whether they are going to take every piece of value that exists in the house or not. This is way too much unchecked authority, with too much incentive,” Komorn said. Amanda Joslin owned a marijuana business in Canton. She opened her business in compliance with state and local regulations. “It was like if your grandma was going to go obtain some medicine, where would you feel comfortable letting her go? Make it safe, make it clean, make it affordable, and accessible. That’s where we found we could fill that niche,” said Joslin. Police raided her business in 2015, arrested her and her adult son, and seized their assets including a house, cars, computers, and savings account. Her business had been open for nine months before the raid. Search warrants were executed at the Canton business and at her home in Ypsilanti. Those search warrants were later found by the Washtenaw County Circuit court to be invalid and unconstitutional, according to Komorn, who also represents Joslin. Joslin said the police knew about her business from the beginning, but allowed it to operate for months. “It’s like a savings account. They watch, for nine months, until they decide to collect. And that’s when they decided to raid,” said Joslin. The case against Joslin relied on testimony from a police informant who was later determined to have committed perjury, according to Komorn. Many counts against Joslin were thrown out. She was found guilty on one count of possession with intent to deliver, and is now appealing that conviction. Voting for Marijuana legalization is coming to the Michigan electoral ballot this Tuesday, November 6, 2018. Here is information regarding the Taxation and Distribution of collected taxes in the Proposed Michigan Regulation and Taxation of Marihuana Act Get Out and Vote. Initiation of the Michigan Regulation and Taxation of Marihuana Act – Detailed About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry. If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, etc. Please contact our office and ensure you’re defended by an experienced lawyer in the evolving laws. Lead attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube – Komorn (Legal Topics and Advice) Michigan Medical Marijuana Association Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Komorn Law Blogs Michigan Medical Marijuana Association (Forums) Laws change – so please consult an attorney before taking any legal action or doing anything you may have the slightest feeling is illegal when it comes to marijuana / cannabis personal or commercial use. The post Marijuana business owners say they’re being robbed by police appeared first on Komorn Law. View the full article
  7. Mexico Supreme Court says ban on recreational marijuana unconstitutional MEXICO CITY (Reuters) – Mexico’s Supreme Court on Wednesday ruled that an absolute ban on recreational use of marijuana was unconstitutional, effectively leaving it to lawmakers to regulate consumption of the drug. Announcing it had found in favor of two legal challenges filed against prohibition of recreational marijuana use, Mexico’s top court crossed the threshold needed to create jurisprudence: five similar rulings on the matter. That creates a precedent other Mexican courts will have to follow. “This is a historic day,” Fernando Belaunzaran, an advocate of drug reform and member of the opposition leftist Party of the Democratic Revolution (PRD), said. The Supreme Court made its first ruling to allow a group of people to grow marijuana for personal use in November 2015. “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. Use both those rights and Contact Komorn Law Immediately to secure your rights 800-656-3557. In a statement, the court said the ruling did not create an absolute right to use marijuana and that consumption of certain substances could still be subject to regulation. “But the effects caused by marijuana do not justify an absolute prohibition on its consumption,” it said. The court ordered federal health regulator COFEPRIS to authorize people seeking the right to use marijuana to do so personally, “albeit without allowing them to market it, or use other narcotics or psychotropic drugs.” Congress would now have to act to regulate the use of marijuana in Mexico, Belaunzaran said. Officials in the incoming government of President-elect Andres Manuel Lopez Obrador have indicated they could take steps to legalize marijuana quickly as part of a broader strategy to fight poverty and crime. About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Mexico Supreme Court says ban on recreational marijuana unconstitutional appeared first on Komorn Law. View the full article
  8. Currently attending the 2018 Hemp Industry Association 25th Annual Conference we have receive a message from Josh… Good Evening, It is with great excitement that I write this email to update and inform the members of the soon to be formed Michigan Chapter of the Hemp Industries Association. Yes, that is correct, over the last few months I have been working diligently and been in contact with many of the members of this organization in regards to forming the Michigan Chapter of the HIA. After speaking with multiple members who shared in my enthusiasm, some old and some new, I have engaged with the national organization to take steps towards becoming a national chapter. There could not be a more crucial moment in time for the hemp industry to have a voice in Michigan. Some of the notable events that will drastically change the climate of hemp activity in Michigan include: The federal farm bill (expected by experts to pass by spring 2019) includes hemp decriminalization language, that would remove hemp out of the world of marijuana ambiguity and into its own independent commodity. Michigan’s Proposal 1 (coalition to regulate marijuana like alcohol) includes language that removes industrial hemp from the controlled substance act of Michigan. 2 proposed bills in the Michigan legislature HB 6330, which sets up a regulatory system for cultivation and processing of industrial hemp, and HB 6331, which defines Industrial Hemp in the Michigan as clearly including all extracts and derivatives of the plant. Both bills have been approved by the house of representatives. The industry in Michigan is in its early phases still, but within the next 6-12 months will be ramping up quickly. Now is the time for our collection of Industry experts and professionals to come together and become a voice of the industry in Michigan. Within this small but exemplary group of businesses and individuals we have experts from so many different scopes of the industry, that I feel steps must be taken to network and grow and help Michigan move forward in a positive and effective direction. I have spoken with some of you and I hope to speak with many more of you as we move forward. I strongly encourage anyone who is wondering how they might be able to contribute or become more involved to reach out. After the conference takes place this weekend we will be forging ahead to create an official Michigan chapter that will seek to educate and assist in the growth of hemp in Michigan. Kind regards, Joshua P. Colton (734)649-1630 Komorn Law, PLLC 30903 Northwestern Hwy. Suite 240 Farmington Hills, MI 48334 800-656-3557 www.KomornLaw.com 2018 HIA 25th Annual Conference The post 2018 Hemp Industry Association 25th Annual Conference – A Message From Josh… appeared first on Komorn Law. View the full article
  9. Map Of Michigan Licensed Cannabis Businesses This map shows where medical marijuana businesses with licenses approved by the state board are in Michigan. This map should be updated after each Medical Marihuana Licensing Board meeting. “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. Use both those rights and Contact Komorn Law Immediately to secure your rights 800-656-3557. About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Map Of Michigan Licensed Cannabis Businesses appeared first on Komorn Law. View the full article
  10. KLAW Blog

    LARA Release 10-29-18

    Clarification Regarding Chairman Johnson’s statement at Today’s Medical Marihuana Licensing Board Meeting The purpose of this bulletin is to provide information to medical marihuana facility applicants and licensees regarding Chairman Johnson’s comments at today’s Medical Marihuana Licensing Board (MMLB) meeting. During this afternoon’s MMLB meeting, Chairman Johnson stated – and members David LaMontaine and Vivian Pickard agreed – that he does not intend to deny an applicant at the November 8, 2018 meeting if that applicant does not operate the facility after the October 31 deadline but still maintains their existing marihuana product inventory. The board members were clear in their comments that any marihuana product must be kept behind closed doors and the applicant may not transfer or receive any new product after October 31, 2018. As has always been the case, the MMLB is charged with looking at the overall fitness of state operating license applicants. It is the board’s prerogative to not use this single criterion as a disqualifier if they so choose. As always, the board must evaluate each pplicant as a whole and BMMR will continue to provide the board with as complete a picture as possible when it comes to the license application. The post LARA Release 10-29-18 appeared first on Komorn Law. View the full article
  11. GET OUT AND VOTE YES ON PROP 1 MICHIGAN TUESDAY-NOV 6 Vote Yes on Prop 1 Michigan Below are links to various proposals and their status for the State of Michigan 2018 vote. Statewide Ballot Proposal Status + Language Initiative and Constitutional Amendment Petitions Clean Energy, Healthy MI version 2 Keep Our Lakes Great Coalition to Regulate Marijuana Like Alcohol (https://www.regulatemi.org) Protecting Michigan Taxpayers Clean Michigan – Amended Petition – 7/3/2017 Raise Michigan MI Time to Care (Earned Sick Time) Voters Not Politicians Abrogate Prohibition (Legalize Cannabis) MI One Fair Wage Petition Protect Michigan Jobs​ Clean Energy, Healthy MI Petition Promote the Vote Petition Have you been charged with a crime? Remain Silent and Contact Komorn Law Immediately to protect your rights and freedom 800-656-3557. More proposal detail and other Michigan proposals 2018 Michigan Statewide Petitions (All) 2018 Michigan Ballot_Proposal_Status_560960_7 2018 Petition Coalition to Regulate Marijuana Like Alcohol-572185_7 2018 ABROGATE PROHIBITION MICHIGAN Proposal 1 Detailed at Ballotpedia (Good) Make the use of the cannabis plant lawful in Michigan. About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry. If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, etc. Please contact our office and ensure you’re defended by an experienced lawyer in the evolving laws. Lead attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube – Komorn (Legal Topics and Advice) Michigan Medical Marijuana Association Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Komorn Law Blogs Michigan Medical Marijuana Association (Forums) The post GET OUT AND VOTE YES ON PROP 1-TUESDAY-NOV 6 appeared first on Komorn Law. View the full article
  12. In Michigan last year, 956 people who were never charged with or convicted of a crime nevertheless lost property to law enforcement and other agencies, based on suspicions that the property may have been connected to an alleged crime. Those 956 individuals represent roughly 14 percent of the 6,666 people in Michigan whose property was taken from them by the government under a process called civil asset forfeiture. Of those 956 individuals, 736 were never charged with a violation for which asset forfeitures are authorized, and 220 were charged but not convicted. A further 228 individuals who cooperated with or assisted law enforcement to avoid criminal charges still had assets forfeited to the government. The law enforcement agencies involved in forfeiture proceedings collected more than $13.1 million worth of property in 2017, of which $11.8 million was cash. In 2016, a total of $15.2 million in cash and property was forfeited to agencies. These figures come from a report compiled by the Michigan State Police. Under a 2015 law, local agencies must send data on forfeiture to the department, which, in turn, must produce a report that it then publishes on the internet. Advocates of reforming the practice of civil asset forfeiture considered it a preliminary step. Jarrett Skorup, a policy analyst at the Mackinac Center for Public Policy, co-authored a report with the ACLU on civil asset forfeiture in Michigan. “Michigan has been making progress over the past few years to do a better job protecting innocent people from forfeiture, by raising the standard of evidence and increasing transparency. But as this report shows, there’s a lot of work to do. More than 3,500 people in Michigan had the government take ownership of their property in 2017 without being convicted of a crime, and nearly 1,000 of them weren’t charged with a crime or were charged and found innocent. This should not happen.” Skorup’s reference to 3,500 people who had their assets forfeited without being convicted of a crime in 2017 includes 2,368 people who were charged with a violation with charges still pending. “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. Say I would like to speak to my lawyer and Contact Komorn Law Immediately 800-656-3557. Nearly 1,000 People Not Charged or Found Not Guilty Lost Their Property Through Forfeiture Even if you aren’t convicted of a crime, you may lose your home Michigan law enforcement agencies took ownership of $11.8 million in cash and $1.3 million in property seized from individuals in 2017, through a legal process called civil asset forfeiture. The figures were obtained from an annual forfeiture report and responses to Freedom of Information Act requests filed by the Mackinac Center for Public Policy. The typical forfeiture involved assets – typically cars and cash – worth less than $500. The forfeited property included eight homes, 711 weapons and 7,999 vehicles, according to the information obtained from Michigan law enforcement. Forfeiture is the process of transferring assets to the government. The assets are first seized by police because they think the items may be connected to illegal activity. An important distinction in the process is that seizure is done by police while forfeiture is processed by prosecutors. In Michigan, no conviction, prosecution or even a formal arrest is required for officials to pursue forfeiture. Out of the 6,666 forfeiture actions in 2017, 736 were never charged with a violation and 220 were charged but not convicted. There were 2,876 people who were charged and convicted, meaning that 57 percent of the people were not convicted before losing their assets. “Before locking someone up permanently, our laws and Constitution require they be proven guilty beyond a reasonable doubt,” said Jarrett Skorup, who co-authored a 2015 report on civil forfeiture with the Mackinac Center for Public Policy. “In the same way, nobody should permanently lose their assets unless they are first convicted in criminal court and it is determined that the assets were gained through illegal activity.” Nearly 75 percent of the forfeiture petitions that prosecutors filed in 2017 to retain seized property never went to trial because the property owner did not contest the claim. Eighty percent of assets taken were valued at $1,000 or less. “This comprehensive report from law enforcement agencies across Michigan shows why Michigan needs to require a criminal conviction prior to taking ownership of anyone’s property,” Skorup said. “While most police and prosecutor offices are acting properly, because of poor state laws, nearly 1,000 people lost their assets despite never being charged with criminal activity or being found not guilty in court.” Skorup said that the law encourages police officers to seize assets and pursue forfeiture whenever possible because doing so gives their agencies money they can use to pay for equipment, personnel and supplies. Dave Hiller, executive director of the Michigan Fraternal Order of Police, takes a different stand on civil forfeiture. He said that it is a vital tool for law enforcement. “It must be done properly, first of all, to assure due process is followed and additionally to eliminate any questions of impropriety,” Hiller said. “A law enforcement agency should work with the local prosecutor to ensure things are done the way the law is intended.” Hiller said that in certain cases, civil forfeiture has a greater impact on criminals than criminal charges do. The Michigan FOP is, he said, open to improving the law to address due process concerns. Michigan requires that police demonstrate “clear and convincing” evidence that an asset is linked to a crime for a police officer to be justified in taking it. But criminal convictions require a higher standard of proof, which is that prosecutors must prove someone committed a crime “beyond a reasonable doubt.” This means that an individual may lose the assets that police seize even if there is not enough evidence for a criminal conviction. The Michigan House has passed a bill that would require a criminal conviction for most cases of civil asset forfeiture. But House Bill 4158 has not been taken up in the state Senate. See 2018 Michigan Asset Forfeiture report here The post 2018 Michigan Asset Forfeiture Report appeared first on Komorn Law. View the full article
  13. Komorn Law clients speak about their experience with the legal system Several of Komorn Law client’s as well as other individuals have chosen to speak about their encounter with law enforcement, the legal system and how it has affected their lives, families and future. Their encounters with law enforcement vary as well as the end results. Here are some of their stories captured on video. Note: In the upper left corner of the video there is a menu which gives you access to a playlist of numerous videos Don’t Forget The Police may legally lie, bluff, mislead and intimidate you. Most “avoidable arrests” occur from trickery and intimidation and failing to understand your rights and when to assert them. Refusing to answer questions is not an admission of guilt Asserting your right to remain silent is not an admission of guilt Demanding to have your lawyer present during any questioning is not an admission of guilt Refusing a search is not an admission of guilt. Be aware of Police Questions: “Have you had anything to drink tonight?” Best response: is no Where are you coming from? It is best to have this answer pre-prepared so as to not raise suspicion.Or answer the Officers questions by stating “Respectfully officer, I don’t have to answer that.” “Not answering is suspicious, why are you not answering my question, clearly you are doing something wrong?” Best Answer: “Officer, respectfully I am aware of my rights, and constitutional protections, and I know I have no legal obligation to answer your questions. “Not answering is resisting me in this investigation” Best Answer: “I’m not resisting, respectfully, I don’t have to answer anything.” “If you have nothing to hide, you don’t mind if I look around.” Best response: “I’m sorry Officer, but I don’t consent to searches.” “If you refuse a search, I’ll have to call a K-9 unit.” Best response: “Officer, are you detaining me, or am I free to go?” Officers cannot detain you past the purpose of the traffic stop and detaining you beyond this purpose is constitutionally illegal. Specifically officers cannot detain you beyond the traffic stop for the purpose of calling for a k-9 unit or drug sniffing dog. If you or someone you know has been charged with a crime you should have an attorney representing your interests. Contact Komorn Law Immediately to protect your rights 800-656-3557. Related Links See The Know Your Rights Library Index Here See The United State Constitution here About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world changes routinely therefore we insist you consult an attorney for the most current legal information. The post Client testimonies about their experience with the legal system appeared first on Komorn Law. View the full article
  14. Coalition to Regulate Marijuana like Alcohol-Proposition 1 The Coalition To Regulate Marijuana Like Alcohol in Michigan released several promotional videos for Marijuana Legalization Michigan Proposition 1 featuring retired Michigan State Trooper Ted Nelson, retired Police Officer and Komorn Law office investigator Steve Miller, Amanda Joslin, Charmie Ghoulson, Josh, Matthew Roman as well some news reports. Take a look... “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. Use both those rights and Contact Komorn Law Immediately to secure your rights 800-656-3557. About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry. If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, etc. Please contact our office and ensure you’re defended by an experienced lawyer in the evolving laws. Lead attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube – Komorn (Legal Topics and Advice) Michigan Medical Marijuana Association Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Komorn Law Blogs Michigan Medical Marijuana Association (Forums) Laws change – so please consult an attorney before taking any legal action or doing anything you may have the slightest feeling is illegal when it comes to marijuana / cannabis personal or commercial use. The post Coalition to Regulate Marijuana like Alcohol-Proposition 1 appeared first on Komorn Law. View the full article
  15. Voting for Marijuana legalization is coming to the Michigan electoral ballot this Tuesday, November 6, 2018. Here is information regarding the Age Regulation in the Proposed Michigan Regulation and Taxation of Marihuana Act Get Out and Vote. Komorn Law receives questions on a daily basis from medical marijuana patients, growers and prospective marijuana business owners about how it differs from the current Michigan Medical Marihuana Act. The ballot is expected to pass and it is important for Michigan marijuana business owners to know what the ballot initiative is about. Officially called the Michigan Regulation and Taxation of Marihuana Act, was written by the Coalition to Regulate Marijuana Like Alcohol (RMLA). The main proposals in the ballot. Age Regulation Possession Amount Taxation and Tax Allocation Penalties Here is a brief look at the proposed distribution of taxes… Taxation The marihuana regulation fund is created in the state treasury. The department of treasury shall deposit all money collected under section 13 of this act and the department shall deposit all fees collected in the fund. The state treasurer shall direct the investment of the fund and shall credit the fund interest and earnings from fund investments. The department shall administer the fund for auditing purposes. Money in the fund shall not lapse to the general fund.2. Funds for the initial activities of the department to implement this act shall be appropriated from the general fund. The department shall repay any amount appropriated under this subsection from proceeds in the fund. 3. The department shall expend money in the fund first for the implementation, administration, and enforcement of this act, and second, until 2022 or for at least two years, to provide $20 million annually to one or more clinical trials that are approved by the United States food and drug administration and sponsored by a non-profit organization or researcher within an academic institution researching the efficacy of marihuana in treating the medical conditions of United States armed services veterans and preventing veteran suicide. Upon appropriation, unexpended balances must be allocated as follows: (a) 15% to municipalities in which a marihuana retail store or a marihuana microbusiness is located, allocated in proportion to the number of marihuana retail stores and marihuana microbusinesses within the municipality (b) 15% to counties in which a marihuana retail store or a marihuana microbusiness is located, allocated in proportion to the number of marihuana retail stores and marihuana microbusinesses within the county; (c) 35% to the school aid fund to be used for K-12 education; and (d) 35% to the Michigan transportation fund to be used for the repair and maintenance of roads and bridges. More Info Initiation of the Michigan Regulation and Taxation of Marihuana Act – Detailed Have you been charged with a drug crime or violation of the Michigan Medical Marijuana Act? Remain Silent and Contact Komorn Law Immediately to protect your rights and freedom 800-656-3557. About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry. If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, etc. Please contact our office and ensure you’re defended by an experienced lawyer in the evolving laws. Lead attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube – Komorn (Legal Topics and Advice) Michigan Medical Marijuana Association Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Komorn Law Blogs Michigan Medical Marijuana Association (Forums) Laws change – so please consult an attorney before taking any legal action or doing anything you may have the slightest feeling is illegal when it comes to marijuana / cannabis personal or commercial use. The post Proposed Michigan Regulation and Taxation of Marihuana Act – Taxation appeared first on Komorn Law. View the full article
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