Jump to content

KLAW Blog

Members
  • Content Count

    728
  • Joined

  • Last visited

    Never
  • Days Won

    6

1 Follower

About KLAW Blog

  • Rank
    Advanced Member

Profile Information

  • Location
    Supreme Leader Headquarters

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. Cannabidiol, or CBD oil, is no longer considered to be marijuana in Michigan under a new legal framework created by the 2018 U.S. Farm Bill and a state law that takes effect this March. Instead of categorizing “all things green and smelly” by default as marijuana, the federal government has defined that the cannabis sativa L. plant that has less than 0.3 percent THC by dry weight as hemp, said Michael Komorn, a lawyer and president of the Michigan Medical Marijuana Association. Yet state officials have not yet determined how it will be regulated. CBD oil is typically derived from hemp — though it can be derived from marijuana — and contains less than 0.3 percent THC, the active component in cannabis that makes someone high. CBD oil is rising in popularity for treatment of pain, anxiety and depression. “CBD and other cannabinoids extracted from the plant are not criminalized anymore but would be subject to FDA regulations,” Komorn said. Have a Law Firm represent your interests to get your state license to operate your Cannabis Business. Contact Komorn Law… 800-656-3557. In May 2018 officials at the Department of Licensing and Regulatory Affairs announced that they regarded CBD oil as marijuana — which sparked backlash from users, who didn’t like the idea of getting a medical marijuana card just to buy a product that contained relatively no THC. Read The Rest Of The Story Here The sounds of flipping and flopping can be heard in the halls The post Michigan officials deal with CBD oil regulation appeared first on Komorn Law. View the full article
  2. Medical Marijuana Patients Protected Under LARA Recommendation Regarding Temporary Operating Facilities January 15, 2019 – The Dept. of Licensing and Regulatory Affairs (LARA) will recommend tomorrow that the Medical Marihuana Licensing Board (MMLB) adopt a resolution which will help maintain patient access to medical marijuana. LARA’s recommendation will allow temporarily operating facilities to reopen without it being an impediment to future licensure and will also allow licensed facilities to source product from caregivers without it resulting in disciplinary action. “We have heard from Michiganders closely affected by the ongoing transition to licensed marijuana facilities,” said Gov. Gretchen Whitmer. “It is important that we ensure that patients have access to their medicine while the medical marijuana industry continues to develop.” “This recommendation will extend the temporary operation of facilities and allow licensed businesses to remain competitive during this transition period,” said LARA Director Orlene Hawks. LARA recommends that the MMLB adopt a resolution that makes it clear that disciplinary action will not be taken against an applicant in the following circumstances: Have a Law Firm represent your interests to get your state license to operate your Cannabis Business. Contact Komorn Law… 800-656-3557. Temporarily Operating Facilities (through March 31, 2019) The applicant’s proposed facility is within a municipality that had an authorizing ordinance in place by December 15, 2017. The applicant applied for a license no later than February 15, 2018. The applicant notifies the Department within one business day of becoming aware of any adverse reaction to a marijuana product sold or transferred. Licensed Provisioning Centers (through March 31, 2019) The Board will not take disciplinary action against a licensed provisioning center for purchasing marijuana products from either a registered primary caregiver or from a temporarily operating facility, as long as the licensee does all the following: Obtain signed patient consent prior to selling any marijuana products that have not been tested in full compliance with the law and administrative rules. Enter all inventory into the statewide monitoring system immediately upon receipt from a caregiver or from a temporarily operating facility. Verify and confirm – before any sale or transfer – with government issued photo identification and the statewide monitoring system that the customer holds a valid registry identification card. Enter all sales in the statewide monitoring system and determine sales will not exceed daily purchasing limits. Notify LARA within one business day of becoming aware of any adverse reaction to a marijuana product sold or transferred. Licensed Growers or Processors (through March 31, 2019) The Board will not take disciplinary action against a licensed grower or processor for purchasing marijuana products from either a registered primary caregiver or from a temporarily operating facility, as long as the licensee does all the following: Enter all marijuana products as inventory into the statewide monitoring system immediately upon receipt. Tag or package all inventory that has been identified in the statewide monitoring system. Only transfer marijuana products that have been tested in full compliance with the law and administrative rules. Notify LARA within one business day of becoming aware of any adverse reaction to a marijuana product sold or transferred. Updated Consent Form for the Sale or Transfer of Untested Marihuana Product The post LARA allows unlicensed dispensaries to reopen appeared first on Komorn Law. View the full article
  3. An article in Hemp Today stated Cannabis activist and hemp entrepreneur Hana Gabrielova was detained and fined $500 in Florida yesterday for being in possession of hemp-based shampoo and lotion. Gabrielova, a Czech citizen and CEO at Jihlava, Czech-based Hempoint s.r.o., was singled out and detained after a sniffer dog alerted authorities to her luggage upon arrival to Fort Lauderdale-Hollywood International Airport, she told HempToday. 3-hour detention U.S. Customs & Border Protection agents detained her for three hours, Gabrielova said. They issued the fine after they claimed analysis showed the presence of THC in lotion Gabrielova picked up in California and a Czech made shampoo she’d carried with her on a business trip to South America after flying from California. The officers did not indicate how much THC their test showed, only saying the analysis was “positive,” Gabrielova said. “I asked them many times to cite the law the fine was based on,” Gabrielova said. “They couldn’t do it. They just kept saying THC is an illegal substance to import. So I got fined for the illegal import of THC in shampoo and lotion.” Starting a Hemp or Cannabis Business? Contact Komorn Law Immediately to secure your place in the growing BILLION dollar industry… 800-656-3557. Getting off easy? In the end, agents told Gabrielova they were letting her off easy, as the maximum fine for such an offense is $5,000. “They made me out to be a criminal for using hemp shampoo. That’s insane,” she said. “They took the CBD-only cream which works for my excema, as well as the shampoo.” The post Hemp firm CEO detained in Florida for carrying lotion, shampoo appeared first on Komorn Law. View the full article
  4. Michigan regulators are recalling marijuana products sold at dispensaries in Detroit and Kalamazoo after failing lab tests for mold and bacteria. The products were sold at the Green Mile on Eight Mile Road in Detroit and Compassionate Care by Design in Kalamazoo. Additionally, regulators announced late Friday the recall of marijuana sold in Lansing because of chemical and bacterial contamination. The Department of Licensing and Regulatory Affairs (LARA) issued two safety and health advisories for the items sold between Dec. 18 and Jan. 3 at the Green Mile in Detroit and Dec. 12 and 29 at Compassionate Care by Design in Kalamazoo. Lost Your License Because You Are A Medical Marijuana Patient? Contact Komorn Law Immediately to secure your rights… 800-656-3557. Products recalled at the Detroit dispensary include Gelato, Superman OG, Mimosa, and Girl Scout Cookies. The Gelato and Girl Scout Cookies items failed the lab testing for yeast and mold, while Superman failed for chemical residue. Bile-tolerant gram-negative bacteria and coliforms were the cause for the recall of the Mimosa strain. Items recalled at the Kalamazoo dispensary include Critical Cali, GMO, Silver Haze, Girl Scout Cookies, Critical Kush, Blueberry, Skunk #1, Chunk D, Amnesia Lemon Kush, Purple Punch, and Special Kush. Read the rest of the story here The post Marijuana products sold in Detroit, Kalamazoo and Lansing recalled appeared first on Komorn Law. View the full article
  5. From the minute Michigan voters approved legal cannabis, communities around the state began to grapple with a pressing question: How can we shut it down? You might not think that’d be the first priority for elected officials in a state whose voters approved the sale and use of recreational marijuana last November by a solid 56-44 percent margin. Yet when it comes to marijuana, many folks are of two minds: Using or buying it shouldn’t be a crime, but … do you really want a weed shop on your street? Metro Detroit communities Allen Park, Pontiac, Livonia, Northville, Birmingham, Troy and Grosse Pointe City are among the more than 60 cities and townships around the state that voted to opt out of the marijuana business since recreational use was approved last year. It’s a pattern that mirrors the aftermath of a successful 2008 ballot proposal that legalized medical marijuana. Because Detroit was slow to promulgate its own regulations, some 250 medical marijuana dispensaries opened in the city. A 2015 survey by Detroit data firm Loveland found that medical marijuana dispensaries were clustered along the city’s suburban borders, and its major thoroughfares, presumably in proximity to a suburban market that wanted access to medical marijuana without housing the dispensaries themselves. Detroit struggled to get a handle on the proliferation of medical marijuana dispensaries within its limits. Detroit’s City Council approved an ordinance to license and regulate those businesses in 2017, but a voter referendum that year complicated the process with a lengthy court battle. Read the rest of the story here The post Communities opting out of recreational adult use of cannabis appeared first on Komorn Law. View the full article
  6. CBD oil regulated as hemp, not marijuana LANSING, Mich. Jan 11, 2019 – A new law will prevent cannabidiol — more commonly referred to as CBD oil — from being regulated under Michigan’s medical marijuana rules. The legislCBD – ENROLLED HOUSE BILL No. 6331 sponsored by state Rep. Steve Johnson, R-Wayland, was passed by late last year and signed into law on New Year’s Eve. It defines CBD oil as a derivative of hemp, not marijuana. That means people who use CBD oil to treat things like seizures, pain and depression won’t have to get a medical marijuana card. Read The Rest Of The Story Here The post CBD oil regulated as hemp, not marijuana appeared first on Komorn Law. View the full article
  7. Toronto man loses his driver’s license after a medical doctor said his daily cannabis use would affect his ability to safely operate a motor vehicle. A Toronto man lost his Ontario driver’s licence after admitting to a doctor he smokes marijuana on a daily basis. The man, age 53, provided part of his medical file and other information to Global News for examination but asked not to be publicly identified out of concern for his employment. Lost Your License Because You Are A Medical Marijuana Patient? Contact Komorn Law Immediately to secure your rights… 800-656-3557. Last October, the man was referred to Dr. Peter Phua, a medical doctor who works in a psychotherapy clinic. He was seeking help with anxiety and claustrophobia, an extreme fear of confined places. The man says he was honest and upfront about his lifetime use of marijuana, which by mid-month was legally obtainable in Canada. He said he has always been truthful with physicians. READ MORE: Police in Canada can now demand breath samples in bars, at home “He’s a doctor, I thought I could trust him. If you can’t trust your doctor who can you trust?” he said. Phua is listed as a family physician in the public record of the College of Physicians and Surgeons of Ontario. At the initial meeting, the man says he told Phua he sometimes smokes five small joints in a day, usually mixed on a 50-50 basis with tobacco. “I told him I don’t smoke and drive,” he said, explaining he owns his own business, has several employees, and is conscientious about his cannabis consumption. He suffers from Crohn’s Disease and has survived two forms of cancer. He says marijuana helps him relax. In the first meeting, the man said Phua warned him he could have his driver’s licence revoked over his marijuana use, but wouldn’t. At a second meeting with the doctor about a week later, he says Phua repeated his warning and the assurance he wouldn’t report him. READ MORE: Returning bottles to the Beer Store? Beware of possible breath test by police “Twice he threatened, twice he said he would not, and then he did,” the man said. A week after the second meeting, the man got a phone call from Phua, who announced he was contacting the Ministry of Transportation of Ontario to have his driver’s licence revoked. “It was unreal, it sucked the air out of me,” he told Global News. On Oct. 15, the man received a notice of suspension of driver’s licence from the ministry, announcing his driving privileges would be revoked as of Oct. 22. The letter cited “evidence of medical condition that would affect your ability to safely operate a motor vehicle” as the reason. “Stop driving. You must not drive while you are suspended,” the letter warned. WATCH: Lawyers warn of possible breath tests by police at bars, home By now, the man had contacted the College of Physicians and Surgeons to file a complaint against the doctor. The College is investigating whether Phua violated the man’s privacy and told the man “he will lie to MTO to get Mr. X’s driver’s licence suspended”, allegations which have not been established by the medical regulator. The College of Physicians and Surgeons did not reply to a call for comment, nor did Phua. The man also applied to appeal the decision by the MTO. He submitted medical evidence from a gastroenterologist who had treated him for several years. “To my knowledge, there is no drug dependent history of impairment,” the doctor wrote, in support of the man’s licence reinstatement. After submitting forms and medical advice, the man got good news. “I got my licence back in two weeks. They (ministry staff) said it was a miracle,” the man said. Medical professionals are obligated to inform the ministry about someone’s medical situation in certain circumstances. According to MTO regulations, the “goal of the medical reporting program is to protect the public from individuals who have a medical condition that may make it unsafe to drive.” The ministry’s rules changed on July 1, 2018. READ MORE: Civil rights advocates question Canada’s new impaired driving law — but feds say don’t worry Under section 203 of the Highway Traffic Act, there are now mandatory reporting requirements for high-risk medical conditions, vision conditions and functional impairments that make it dangerous for a person to drive. The rules now apply to physicians, optometrists and nurse practitioners. “Included in the mandatory high-risk conditions/impairments is uncontrolled substance use disorders. Physicians and nurse practitioners are required to report any patient who has a diagnosis of an uncontrolled substance use disorder, excluding caffeine and nicotine, and the person is non-compliant with treatment recommendations.” But the man whose licence was suspended for marijuana use said he was not given any treatment recommendations or diagnosis by Phua. According to the ministry, someone could also lose driving privileges for excessive consumption of alcohol, even if the patient does not drive while impaired. READ MORE: Cannabis perceived as less dangerous than liquor when it comes to driving: study “Each case is reviewed on an individual basis in the context of regulatory requirements and national medical standards,” said a ministry spokesperson. Relieved that his licence has been returned, the man told Global News he’s concerned for other people who consume marijuana responsibly, hold driver’s licences and expect to be able to speak frankly with their doctor about cannabis use. “It’s going to be a big problem. You want to trust a doctor. But if they suspend your licence, I don’t know.” The post Toronto man loses driver’s license for smoking marijuana appeared first on Komorn Law. View the full article
  8. The state Department of Licensing and Regulatory Affairs (LARA) announced medical marijuana sold at a shop in Lansing has been recalled because it’s contaminated with potentially deadly bacteria. Tests on four types of marijuana sold at HG Lansing came back positive for E. coli, Salmonella, coliform and chemical residue: Citrix 1A4050100000F3D000000009 (E. coli and Salmonella) Gelato 1A4050100000F3D000000010 (chemical residue) Green Crack 1A4050100000F3D000000008 (chemical residue and bile-tolerant gram-negative bacteria, E. coli, Salmonella and total coliforms) Oreoz 1A4050100000F3D000000023 (chemical residue and E. coli and Salmonella) HG Lansing, on Oakland Avenue, must notify customers who bought the recalled marijuana. It was sold between December 27 and December 30 of 2017. The state says customers should return it to the store for proper disposal. https://www.wilx.com/content/news/Recall-issued-for-contaminated-medical-marijuana-sold-in-Lansing-504231931.html The post Medical Marijuana Recall-Lansing appeared first on Komorn Law. View the full article
  9. Is Alex Berenson Just Trolling Us With His Anti-Marijuana Book From Rolling Stone A former ‘New York Times’ journalist wrote about a “hidden epidemic” cause by pot — but it seems he got the science wrong In the past week, there’s been a flurry of media coverage around a new book called Tell Your Children: The Truth About Marijuana, Mental Illness, and Violence. One of the main points is that legalization is a terrible idea, because legal pot is already causing more people to become schizophrenic and psychotic, and people who are schizophrenic and psychotic are more likely to commit violent crimes. Alex Berenson, the book’s author — a former journalist who spent the past decade or so writing mysteries and thriller novels — landed plum op-eds in The New York Times and The Wall Street Journal. He appeared on Fox and Friends and Tucker Carlson Tonight. And the pop-psych theorist Malcolm Gladwell wrote an entire New Yorker article repeating and promoting the book’s thesis. And yet, this theory is deeply flawed. After five years of extensive reporting on the cannabis industry, it seems pretty clear that weed itself isn’t that dangerous — sure, it can be abused like any drug, but it’s weed’s illegality, especially the illegality of the supply chain, that poses a far greater public safety threat. So hearing Berenson promote these distorted, dog-whistle conclusions, it left me with one question: is he trolling us? Does he genuinely believe that the full legalization of marijuana is going to cause a significant rise in murders, assaults and mental illness — or is he just assuming a contrarian position to scare people into buying his book? Read the Rest here at Rolling Stone The post Is Alex Berenson Just Trolling Us With His Anti-Marijuana Book appeared first on Komorn Law. View the full article
  10. Farm Bill Keeps Faith with America’s Farmers and Ranchers Washington, December 20, 2018 Washington, D.C.—Today, President Trump signed H.R. 2, the Agriculture Improvement Act of 2018 (the 2018 Farm Bill) into law. After the signing, House Agriculture Committee Chairman K. Michael Conaway (TX-11) issued the following remarks: Farm Bill signing in 15 minutes! #Emmys #TBT pic.twitter.com/KtSS17xvIn — Donald J. Trump (@realDonaldTrump) December 20, 2018 “With President Trump signing the farm bill today, America keeps faith with those hard-working farm and ranch families who put food on our tables and clothes on our backs. Because of the support of the president, Sec. Perdue and a Republican Congress, we were able to deliver a new farm bill in the same year that the legislation was first introduced, which marks a first in nearly 30 years. I’m proud of this bill and I’m honored to have served as chairman throughout this process. I’m thankful to all those who worked to help make today’s enactment of the farm bill possible.” THE FARM BILL FACT SHEETS Agriculture and Nutrition Act of 2018 Summary Agriculture and Nutrition Act of 2018 Q&A Top 10 Highlights SNAP: Overview SNAP: Workforce Solutions SNAP: Claim vs. Fact Trade Regulatory Relief Why Extending the 2014 Farm Bill Won’t Work Infrastructure Specialty Crops Beginning Farmer The post Trump singing the green acres theme – Farm Bill Signed appeared first on Komorn Law. View the full article
  11. Medical marijuana application easier for some owners under bill headed to governor Lansing — Legislation that would ease the application process for some medical marijuana businesses seeking Michigan operating licenses is headed to the governor’s desk after receiving approvals from the House Thursday. The bills, which expand on abandoned House legislation, would exempt business owners with less than a 10 percent interest from the more rigorous financial background checks required of owners with greater shares. The identities of every business owner would still be made known to the state, but those with less than a 10 percent interest would not need to go through more than a preliminary background check. Publicly held companies would not need to name owners with less than 5 percent interest, according to the legislation. Senate Majority Leader Arlan Meekhof of Grand Haven has said his bills are similar to other banking operations, and expand on legislation introduced by Rep. Klint Kesto of Commerce Township earlier in the lame-duck session. Kesto’s bill would have exempted from disclosure on applications owners with a less than 5 percent interest. The legislation is likely to help large and publicly owned companies and the state that would otherwise need to disclose then vet the backgrounds of thousands of owners. The legislation stands to benefit companies such as New York City-based Acreage Holdings, which acquired Michigan-based medical marijuana business Blue Tire Holdings LLC this year. The publicly traded company, whose board includes former U.S. House Speaker John Beohner of Ohio, told The Detroit News the existing law presented a challenge, but the company remained focused on its plan to acquire and develop properties for eventual clinic use. eleblanc@detroitnews.com (517) 371-3661 The post Medical marijuana application easier for some owners under bill headed to governor appeared first on Komorn Law. View the full article
  12. On Thursday, Trump signed the US Farm Bill into law which legalizes hemp a key source of highly touted wellness ingredient CBD. American farmers will be able to plant and harvest hemp, a strain of the same plant species from which marijuana originates. The bill passed the House last week in a 369 to 47 vote; it passed the Senate the previous day in an 87 to 13 vote. The move changes the language of a drug law that had been unchanged for a long time and loosely defined hemp alongside marijuana as a controlled substance. The new bill exempts hemp from that law and defines it as an agricultural product. That means farmers and researchers of hemp now get some of the same benefits as farmers and researchers of other crops, like the ability to apply for insurance and federal grants. Farm Bill signing in 15 minutes! #Emmys #TBT pic.twitter.com/KtSS17xvIn — Donald J. Trump (@realDonaldTrump) December 20, 2018 The post Trump signed the US Farm Bill into law which legalizes hemp appeared first on Komorn Law. View the full article
  13. In a historic decision that will save Harborside and the legal cannabis industry millions of dollars, the U.S. Tax Court has ruled that the California dispensary is not liable for accuracy-related 280E penalties. What is Harborside? Harborside was founded by Steve DeAngelo and dress wedding in 2006, after being awarded one of the first six medical cannabis licenses granted in the United States. As one of the oldest cannabis retailers in the world, Harborside has played an instrumental role in making cannabis safe and accessible to a broad and diverse community of California consumers. Today, the Harborside brand is well known throughout California and all around the world, and is in rapid expansion, expecting to grow to six or more locations in 2019. What is 280E? 280E is a tax code provision that denies all standard business deductions to businesses whose operations “consist” of of activities that violate the Controlled Substances Act. 26 U.S. Code § 280E – Expenditures in connection with the illegal sale of drugs No deduction or credit shall be allowed for any amount paid or incurred during the taxable year in carrying on any trade or business if such trade or business (or the activities which comprise such trade or business) consists of trafficking in controlled substances (within the meaning of schedule I and II of the Controlled Substances Act) which is prohibited by Federal law or the law of any State in which such trade or business is conducted. (Added Pub. L. 97–248, title III, § 351(a), Sept. 3, 1982, 96 Stat. 640.) According to the Opinion issued by the Court, Harborside acted “reasonably and in good faith” when taking its tax positions for the years at issue. The Court cited Harborside’s timely filing of its tax returns and its maintenance of accurate financial records as a key strength, along with a persuasive argument from Harborside co-founder and Chairman Emeritus, Steve DeAngelo, that he made good-faith efforts to comply with the law, despite a lack of clear legal authority to guide medical marijuana dispensary taxpayers. The ruling comes just a few weeks after the same Court ruled that 280E itself does apply to Harborside — a ruling Harborside intends to appeal to the U.S. 9th Circuit Court of Appeals. “We’re still working on knocking out 280E entirely, but at least for now we have established that cannabis businesses who operate in reasonable, good faith compliance with existing law will not suffer from additional unjust penalties,” said DeAngelo. See the court document here harborsideOpinionDec20 The post The IRS And Marijuana-The Tax Court Harborside Decision appeared first on Komorn Law. View the full article
  14. Michigan’s minor marijuana investors catch a break from the state Kathleen Gray Dec. 21, 2018 Detroit Free Press LANSING — Investors with only a small ownership stake in marijuana businesses would escape financial scrutiny, under a bill that received final passage early Friday morning. Currently, a person with any ownership stake in a marijuana business has to undergo a thorough financial and criminal background check by the state Department of Licensing and Regulatory Affairs or LARA. The Senate passed a bill last week to change the investigation threshold to anyone with at least a 10 percent ownership interest. People with less than 10 percent interest in the business would still have to go through a criminal, but not a financial background check. The bills — SB 1262 and 1263 — are intended to streamline the licensing process for state regulators, who have gotten bogged down with investigating businesses featuring dozens of owners. The original House version of the bill would have put the investigation level at 5 percent, but decided to give final passage to the Senate version of the bill at 4 a.m. Friday morning on a 96-11 vote. Read the rest of the story here The post Michigan’s small marijuana investors catch a break from the state appeared first on Komorn Law. View the full article
  15. On Thursday, December 20, 2018 President Trump signed the US Farm Bill into law which legalizes hemp a key source of highly touted wellness ingredient CBD. “The passage of the 2019 Farm Bill is good news because it provides a strong safety net for farmers and ranchers, who need the dependability and certainty this legislation affords,” Agriculture Secretary Sonny Perdue said in a statement after the bill passed the House. The final bill does include several new changes to the SNAP program, though none will restrict families’ food stamp benefits, according to congressional aides. The final farm bill provides permanent funding for a number of programs Congress was funding on a temporary basis, five years at a time. Some of these include: promotional funds for local farmers markets, research money for organic farming, and funds for organizations working to train the next generation of farmers. The bill also provides permanent funding for veteran and minority farmers. Bottom Line…The farm bill legalizes the production of hemp. Read some history about hemp here The post US Farm Bill signed into law which legalizes hemp appeared first on Komorn Law. View the full article
×