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  1. June 19, 2019 DETROIT – A Detroit-area doctor was sentenced to 60 months in prison today for his role in a scheme to unlawfully distribute more than 23,000 pills of oxycodone. Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Matthew Schneider of the Eastern District of Michigan, Special Agent in Charge Timothy J. Plancon of the U.S. Drug Enforcement Administration’s Detroit Division, Special Agent in Charge Timothy R. Slater of the FBI’s Detroit Division and Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services Office of Inspector General’s Chicago Regional Office made the announcement. Alex Kafi, M.D., 70, of West Bloomfield, Mich., was sentenced by U.S. District Judge Victoria A. Roberts of the Eastern District of Michigan. Kafi pleaded guilty in August 2018 to one count of conspiracy to distribute controlled substances. “Betraying his duties as a licensed physician, Alex Kafi, accepted cash in exchange for writing medically unnecessary prescriptions for addictive opioids as part of a scheme that flooded Michigan with thousands of doses of oxycodone,” said Assistant Attorney General Benczkowski. “Holding corrupt doctors accountable is critical to our ongoing efforts to combat the opioid epidemic nationwide and the Department of Justice will continue to aggressively pursue medical professionals like Alex Kafi.” “Today’s opioid epidemic is fueled, in part, by the greed of certain doctors who knowingly prescribe legitimate pain medications to individuals for no legitimate medical purpose,” said U.S. Attorney Schneider. “Dr. Kafi’s action contributed to Michigan’s opioid crisis for the sole purpose of lining his pockets. We will continue to use every means available to investigate and prosecute these cases.” “Today’s sentencing is a reminder of DEA’s determination to bring medical professionals who betray the trust of their community to justice,” said Special Agent in Charge Plancon. “The DEA, through regulation and enforcement, will continue to partner with other law enforcement agencies to identify, investigate and prosecute licensed physicians, like Dr. Kafi, who use their medical profession and position to conceal the unlawful diversion and distribution of prescription drugs.” As part of his guilty plea, Kafi admitted that from 2013 through May 2017, he engaged in a scheme in which he wrote medically unnecessary prescriptions for oxycodone in exchange for cash. Kafi wrote these fraudulent prescriptions often without ever meeting or communicating with the patient. Instead, Kafi conspired with patient recruiters who provided him with lists of patients, along with $300 per prescription of oxycodone, he admitted. Kafi admitted the scheme involved approximately 693,000 milligrams of oxycodone. He agreed to forfeit $617,208.00, representing proceeds of his criminal activity. Kafi’s co-defendant, Danielle Smith, was sentenced by Judge Roberts to serve 32 months in prison on Feb. 7, 2019. Additional co-defendant Cheryl Ozoh awaits sentencing. Smith and Ozoh each also pleaded guilty to one count of conspiracy to distribute controlled substances. The DEA, HHS-OIG and FBI investigated the case. Trial Attorney Steven Scott of the Criminal Division’s Fraud Section is prosecuting the case. The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and U.S. Department of Health and Human Services to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers. The post West Bloomfield doctor sentenced for diverting thousands of oxycodone pills appeared first on Komorn Law. View the full article
  2. The Marijuana Regulatory Agency (MRA) held its first public meeting on Thursday, June 13, 2019. The meeting took place at the Williams Building, 525 West Ottawa Street, Lansing, Michigan in the First Floor Auditorium at 9:30 A.M. The MRA is required to hold at least four public meetings each calendar year for the purpose of hearing complaints and receiving the views of the public regarding the administration of the authorities, powers, duties, functions, and responsibilities vested in the Agency. The MRA intends to livestream the meeting on the Department of Licensing and Regulatory Affairs’ Facebook page for those who are unable to attend in person. Andrew Brisbo speaks to a medical marijuana patient at the Marijuana Regulatory Agency meeting The purpose of this public hearing is to receive public comment on the MRA’s administration of the following statutes: Michigan Medical Marihuana Act (2008) Michigan Medical Marihuana Facilities Licensing Act (2016) Marihuana Tracking Act (2016) Michigan Regulation and Taxation of Marihuana Act (2018) Recent Posts The post The Marijuana Regulatory Agency (MRA) holds its first public meeting appeared first on Komorn Law. View the full article
  3. (Posted on CNN) Starting in 2020, Nevada employers cannot refuse to hire a job applicant for failing a marijuana screening test, making it the first state to pass such a law. “It is unlawful for any employer in this State to fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the screening test indicate the presence of marijuana,” states the law, signed by Gov. Steve Sisolak on June 5. There are some exceptions. The law does not apply to firefighters, EMTs, employees who operate a motor vehicle, or those who, in the determination of the employer, could adversely affect others’ safety. If an employer requires a new hire to take a screening test, then the new employee has the right to submit to an additional screening test to rebut the results, the law states. The employer must accept that follow-up test, the law says. “As our legal cannabis industry continues to flourish, it’s important to ensure that the door of economic opportunity remains open for all Nevadans,” Gov. Sisolak said. “That’s why I was proud to sign AB132 into law, which contains common-sense exceptions for public safety and transportation professionals.” Read the rest of the report and watch the video from the Original CNN Post here By Eric Levenson and Chris Boyette, CNN Wed June 12, 2019 Charged with Drugged Driving, DUI or Marijuana Related Offenses? For over 25 years Komorn Law has successfully defended clients charged or arrested for criminal offenses for drugged driving, DUI, Marijuana, CCE, Conspiricy and more. Call 248-357-2550 Read client reviews here on AVVO . Recent Posts The Marijuana Regulatory Agency (MRA) holds its first public meeting Nevada bans employers from refusing to hire those who fail marijuana tests USDA To Release Hemp Regulations In Time For 2020 Professionals say CBD products don’t affect drug test results Horn v. Med. Marijuana, Inc. The post Nevada bans employers from refusing to hire those who fail marijuana tests appeared first on Komorn Law. View the full article
  4. The 2018 Farm Bill includes new guidelines for growing hemp. It moves hemp under the Title 1 commodity program. Early this year, USDA issued a Notice to Trade, stating they are in the process of gathering information to initiate rule making necessary to implement this program. The USDA’s goal is to issue regulations in fall 2019 to accommodate the 2020 planting season, the agency said in a recent release. “During the 2019 planting season, the 2018 Farm Bill directs that states, tribes and institutions of higher education may continue operating under authorities of the 2014 Farm Bill until 12 months after USDA establishes the plan and regulations required under the 2018 Farm Bill,” they said in the release. READ THIS – https://michiganhempindustries.com/mdard-industrial-hemp-ag-pilot-program-for-2019-planting-season/ Recent Posts USDA To Release Hemp Regulations In Time For 2020 Posted: May 20, 2019 The 2018 Farm Bill includes new guidelines for growing hemp. It moves hemp under the Title 1 commodity program. Early this year, USDA issued a Notice to Trade, stating they are in the process of gathering information to initiate rule making necessary to implement this program. The USDA’s goal is to issue regulations in fall […] 0 comments Professionals say CBD products don’t affect drug test results Posted: May 20, 2019 DOTHAN, Ala. (WTVY) (5/20/2019) – Cannabidiol oil is becoming very popular around the world and some have raised concern on whether it’s hindering people from passing drug tests. THC is the compound in marijuana that gets people high. Cannabidiol oil (CBD) is another product that can come from hemp or marijuana. Many states have laws for […] 0 comments Case against U.S. CBD firms moves forward Posted: May 20, 2019 A federal court in New York has ruled that a racketeering and fraud case against a trio of related companies can go ahead based on a truck driver’s claims after he failed a drug test after using one of the firms’ CBD products. 0 comments Michigan State Police raid home of Macomb County prosecutor Posted: May 15, 2019 MACOMB TOWNSHIP, Mich. (WXYZ) — Michigan State Police executed a raid at the home of Macomb County Prosecutor Eric Smith in Macomb Township, sources confirm to 7 Action News. 7 Investigator Jim Kiertnzer was on the scene and said agents removed surveillance cameras from Smith’s home. The raid is in connection to state police’s investigation […] 0 comments MICHIGAN ATTORNEY GENERAL PUSHES FOR MARIJUANA BANKING Posted: May 13, 2019 Michigan Attorney General Dana Nessel is taking measures to move the marijuana industry in the state forward by trying to troubleshoot legal issues and supporting federal legislation that would make it easier for weed businesses to bank their money. This week she announced she’s started a legal work group on medical and recreational marijuana issues […] 0 comments MICHIGAN COURT RULES-NO MARIJUANA SMOKING IN PARKED CARS Posted: May 13, 2019 According to MLive the Appeals Court concluded that it is illegal for medical marijuana patients to smoke marijuana in their car when parked in public places. This ruling comes for a case in August of 2013. When a medical marijuana patient, Robert Michael Carlton smoked a joint in his car parked at the Soaring Eagle Casino. […] 0 comments MICHIGAN HEMP INDUSTRIES – MEETING – May 29 2019 Posted: May 8, 2019 MICHIGAN HEMP INDUSTRIES – MEETING – May 29 2019 Who: Michigan Hemp Industries What: Networking – Member Meeting When: Wednesday, May 29, 2019 Where: 30903 Northwestern Hwy, Farmington Hills, MI 48334 Time: 6pm – 8pm Event This event provides a good chance to network and learn more about the Michigan Hemp Industries as well as the current status and the future of […] 0 comments Traveling by Air With CBD-Can You? Posted: May 8, 2019 CBD has swiftly made its way into every aspect of daily life including air travel. Rules and regulations concerning traveling with CBD onto planes and into airports are unclear. CBD is legal in some states and the TSA is a federally ran agency with airports subject to federal laws and marijuana is still considered federally illegal. The […] 0 comments Federal Marijuana Revenue and Regulation Act – The 420 Bill Posted: May 8, 2019 According to the new bill, the Marijuana Revenue and Regulation Act has been given the surname of S. 420 0 comments Marijuana Regulatory Agency Addresses Recent Court Decisions Posted: May 2, 2019 May 2, 2019 – As of April 30, 2019, the Marijuana Regulatory Agency (MRA) was established via Governor Whitmer’s Executive Order 2019-7. Over the next several weeks, the MRA, led by Executive Director Andrew Brisbo, will be implementing new practices to streamline the application process and ensure access to safe marijuana products. Earlier this week, the Court of […] 0 comments The post USDA To Release Hemp Regulations In Time For 2020 appeared first on Komorn Law. View the full article
  5. Michigan Attorney General Dana Nessel is taking measures to move the marijuana industry in the state forward by trying to troubleshoot legal issues and supporting federal legislation that would make it easier for weed businesses to bank their money. This week she announced she’s started a legal work group on medical and recreational marijuana issues to regularly review and analyze laws and regulations that affect the Michigan market. “We are working hard now to avoid the years of uncertainty, lawsuits, appeals and uncertainty that followed the enactment of Michigan’s Medical Marijuana Act in 2008,” Nessel said in a statement. “With new laws and regulations on the books, particularly concerning recreational marijuana, I am confident this diverse group collectively has the knowledge, experience, and thus credibility to make recommendations that will be accepted and implemented by all involved.” The state of Michigan has also faced numerous lawsuits over its implementation of the 2016 law — the Medical Marihuana Facilities Licensing Act — in the past year. Most recently in April, Court of Claims Judge Stephen Borrello chastised officials in the Department of Licensing and Regulatory Affairs for being “ill-equipped” to handle the licensing process in a timely manner — which has led to a market of unlicensed businesses. Also this week, Nessel joined a group of attorneys general from 38 statesin bipartisan support of a proposed federal law — the Secure And Fair Enforcement (SAFE) Banking Act (H.R. 1595). The measure would allow legitimate marijuana businesses to use the federal banking system. “All legal and legitimate businesses should have a safe place to put their revenue and not have to rely on under-the-floorboard safes to store their legally earned money,” Nessel said in a statement. “Michigan expanding its market to include legal recreational sales of marijuana this year compels us to join this effort to ensure we protect Michigan businesses from becoming unnecessary targets of bad actors, keeping everyone safe in the process.” The bill received the approval of the federal House Financial Services Committee in March, and now awaits the vote of the full House. Nessel has brought a new approach to marijuana to the attorney general’s office since starting her tenure in January. By February she announced she had dismissed charges against four people in two pending marijuana cases. Read More Here at MLive The post MICHIGAN ATTORNEY GENERAL PUSHES FOR MARIJUANA BANKING appeared first on Komorn Law. View the full article
  6. According to MLive the Appeals Court concluded that it is illegal for medical marijuana patients to smoke marijuana in their car when parked in public places. This ruling comes for a case in August of 2013. When a medical marijuana patient, Robert Michael Carlton smoked a joint in his car parked at the Soaring Eagle Casino. According to WZZM13, the police were notified that a man was smoking in his car while parked at the casino by the casino’s security workers. The medical marijuana patient was charged with possession of marijuana. The Isabella County Prosecutor’s Office charged him because he was smoking in a public place. The prosecution argued that the smoking in his car was irrelevant. Rather, he was smoking on public property, the casino’s parking lot, and the parking lot is open to the public. The defense believed that because the car is not a public place, but private, that the charges should be dismissed. Carlton is a registered medical marijuana patient. WZZM13 reported that the district court judge “sided with Carlton” and charges were dismissed and the ruling was upheld by the Isabella County Circuit Court. but the Court of Appeals decided to reverse the decision and sent the case back. “It (the Court of Appeals) found that Michigan’s Medical Marijuana Act does not permit card holders to smoke “in any public place.” COA Judge Douglas Shapiro disagreed with the majority ruling. He wrote that because Michigan medical marijuana law has specifically said that smoking on public transportation is prohibited that suggest that vehicles are seen as private in some circumstances. He said, “The majority looks only at whether the vehicle itself is in a place defined as public. But the statutory language leaves open the possibility that in some circumstances a private vehicle can constitute a ‘private place’ even though it is located in an area to which the public has access.” The post MICHIGAN COURT RULES-NO MARIJUANA SMOKING IN PARKED CARS appeared first on Komorn Law. View the full article
  7. CBD has swiftly made its way into every aspect of daily life including air travel. Rules and regulations concerning traveling with CBD onto planes and into airports are unclear. CBD is legal in some states and the TSA is a federally ran agency with airports subject to federal laws and marijuana is still considered federally illegal. The TSA has the authority to ban or stop a traveler with edibles, dried flower or any forms of “marijuana” that contain a certain amount of THC. According to the DEA and FDA, The CBD made from hemp is not considered to be the same as psychoactive marijuana. The agency suggests that if the THC content in the CBD oil is below 0.3 percent, no legal action will be taken place. Some CBD oil is sold in medical dispensaries and is often THC concentrations can be detected easier and test at a higher level making the source of the CBD illegal under federal law. It is said that according to the Drug Enforcement Agency (DEA), along with the Food and Drug Administration (FDA) when it comes to traveling with CBD oil, it must contain THC content below 0.3% to be cleared. Even though the 2018 Farm Bill made Hemp legal on the Federal level, individual states can still elect to make the sale and possession of CBD illegal. The Transport Security Administration (TSA) regulations are required to report any speculated violations of law if they encounter one. Read the TSA What can I Bring. “Meaning an extract containing one or more cannabinoids that have been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plants(58) Marihuana Extract–7350”-DEA. Bottom Line – You can but you can’t…You are on your own and at the mercy of the location, the agency and the agents you encounter along your travels. Recent Posts Traveling by Air With CBD-Can You? Federal Marijuana Revenue and Regulation Act – The 420 Bill Marijuana Regulatory Agency Addresses Recent Court Decisions Bubba Watson partners with CBD company amid PGA Tour warning Michigan officials end caregiver marijuana supply to medical pot shops The post Traveling by Air With CBD-Can You? appeared first on Komorn Law. View the full article
  8. Marijuana could become legal federally thanks to a bill that would make it legal and regulate it like alcohol. The bill was introduced by Democratic Sen. Ron Wyden of Oregon. According to the new bill, the Marijuana Revenue and Regulation Act has been given the surname of S. 420 by Wyden and is a companion measure to H.R. 420, which was initially introduced in the House of Representatives by fellow Oregon Democrat Rep. Earl Blumenauer back in March. A spokesperson for the Senate Finance Committee announced that the new bill aims to “responsibly legalize, tax, and regulate marijuana at the federal level,” according to multiple reports. During a press conference on Friday Wyden explained that ” the time is now for marijuana reform at the national level.” “The federal prohibition of marijuana is wrong, plain and simple. Too many lives have been wasted, and too many economic opportunities have been missed,” Wyden declared. “It’s time Congress makes the changes Oregonians and Americans across the country are demanding.” “Oregon has been and continues to be a leader in commonsense marijuana policies, and the federal government must catch up,” Blumenauer explained. “The American people have elected the most pro-cannabis Congress in American history, and significant pieces of legislation are being introduced. The House is doing its work, and with the help of Senator Wyden’s leadership in the Senate, we will break through.” The new bill is part of a package of laws that are aimed to reform federal cannabis policy, put in place by Wyden and Blumenauer as the Path to Marijuana Reform. These include the Small Business Tax Equity Act to repeal provisions of the tax code that deny cannabis business the right to take the fair tax deductions as would any company in other industries. The Responsibly Addressing the Marijuana Policy Gap Act would diminish any federal criminal penalties and civil assets forfeiture for individuals and business complying with the states law. Under the new bill, it would allow marijuana businesses the legal right to access banking, bankruptcy protection, marijuana research, and advertising. The bill also includes an expungement process for some marijuana convictions, the approval for some financial aid and even placement within federal housing. The bill would also give all veterans legal access to medical marijuana programs in any state and would protect Native Americans from prosecution under federal marijuana laws. State and Local Regulatory Licensing and Compliance Our business law and regulatory attorneys have assisted to facilitate businesses and individuals navigate the complex and ever changing commercial cannabis licensing and regulation landscape. To schedule your consultation with Komorn Law regarding licensing Call our Office at 800-656-3557 Recent Posts Federal Marijuana Revenue and Regulation Act – The 420 Bill by admin | May 8, 2019 | News | 0 Comments According to the new bill, the Marijuana Revenue and Regulation Act has been given the surname of S. 420 Read More Marijuana Regulatory Agency Addresses Recent Court Decisions by admin | May 2, 2019 | Michigan Medical Marhuana Regulation, News | 0 Comments May 2, 2019 – As of April 30, 2019, the... Read More Bubba Watson partners with CBD company amid PGA Tour warning by admin | May 2, 2019 | News | 0 Comments Bubba Watson announced a partnership with cbdMD on Wednesday, which comes less than two months after the PGA Tour reportedly issued a warning to its golfers about the use of CBD. Read More Michigan officials end caregiver marijuana supply to medical pot shops by admin | May 2, 2019 | News | 0 Comments Effective immediately, licensed medical marijuana provisioning centers can no longer stock their shelves with products grown by caregivers, the Marijuana Regulatory Agency announced Thursday in a press release. Read More Michigan judge slams state for ‘freakish’ regulation of medical marijuana businesses by admin | May 2, 2019 | News | 0 Comments “At the outset, the Court notes that LARA’s entire method of handling license applications has been ‘apt to sudden change, freakish, or whimsical,’” Read More Mich. police can’t search passengers in stops without consent, ruling finds by admin | April 28, 2019 | News | 0 Comments A recent Michigan Supreme Court ruling on police searches of passengers during traffic stops can give people more power to challenge such probes and is expected to affect police training in Metro Detroit and across the state, officials and legal experts say. Read More Want Grow Hemp In Michigan This Year? Here’s What You Need To Do. by admin | April 22, 2019 | Hemp, News | 0 Comments On April 18, 2019 – Governor Whitmer launched an Ag pilot program for farmers interested in farming hemp this year. Under the 2014 Farm Bill, this program is meant for research purposes. Read More Lawsuit served to remove marijuana from controlled substances list in Michigan by admin | April 4, 2019 | Medical Marijuana, Medical Marijuana Attorney Michael Komorn, News | 0 Comments John Sinclair, The Michigan Medical Marijuana Association, Komorn Law and others filed a lawsuit to remove marijuana from the Michigan controlled substance list. Read More CBD declared marijuana by the pharmacy board by admin | April 3, 2019 | News | 0 Comments Stores throughout Ohio continue to sell... Read More FDA Chief Clarifies Enforcement Priorities For CBD Products by admin | April 3, 2019 | News | 0 Comments At his final hearing before a Senate... Read More There’s a new report out on marijuana and impaired driving by admin | April 2, 2019 | News | 0 Comments A new report suggests that there should be no... Read More ISRAEL TO PARTIALLY DECRIMINALIZE MARIJUANA POSSESSION by admin | April 2, 2019 | News | 0 Comments The plan which went into effect at midnight on... Read More 400 plus Michigan communities opt out of recreational cannabis businesses. by admin | April 2, 2019 | Hemp, LARA-MMFLA Info, News | 0 Comments After Proposal 1 passed in Michigan which legalized adult-use marijuana and industrial hemp as well as the 2018 U.S. Farm Bill which legalized hemp nationwide there has been a rise of products made with CBD. Read More Michigan Officials-Adding CBD oil to food and drinks is illegal. by admin | March 31, 2019 | Hemp, LARA-MMFLA Info, News | 0 Comments After Proposal 1 passed in Michigan which legalized adult-use marijuana and industrial hemp as well as the 2018 U.S. Farm Bill which legalized hemp nationwide there has been a rise of products made with CBD. Read More LARA-Board Meeting Resolution 3-21-19 – Product Access For Patients by admin | March 21, 2019 | LARA-MMFLA Info, News | 0 Comments The resolution of Marijuana product access to... Read More New Michigan marijuana proposal: What would change if it passes by admin | March 15, 2019 | Blog, News | 0 Comments Amid concerns about minority businesses being... Read More Cerebral Palsy approved as Condition for Medical Marijuana Patients by admin | March 12, 2019 | Medical Marijuana, News | 0 Comments March 11, 2019 – The Department of Licensing and... Read More MI Attorney General Drops Marijuana Charges Against Four Defendants by admin | March 1, 2019 | Blog, News | 0 Comments FOR IMMEDIATE RELEASE Monday, Feb. 25, 2019... Read More Case Dismissed Against Man Charged With Growing Pot by admin | February 28, 2019 | Blog, News, Recent Victories | 0 Comments Charges have been dropped against a local man accused of illegally growing large quantities of marijuana. Read More Michigan State Police to expand roadside drug testing pilot by admin | February 21, 2019 | Blog, News | 0 Comments Last November the Michigan State Police wrapped... Read More Supreme Court Puts Limits on Police Power to Seize Private Property by admin | February 20, 2019 | Blog, News | 0 Comments WASHINGTON — Siding with a small-time drug... Read More Marijuana and the workplace questions by admin | February 14, 2019 | Blog, News | 0 Comments A Connecticut man whose bid to become a firefighter in the state’s largest city was rejected because he uses medical marijuana has sued. Read More Sued over job rejection due to medical marijuana by admin | February 14, 2019 | Blog, News | 0 Comments A Connecticut man whose bid to become a firefighter in the state’s largest city was rejected because he uses medical marijuana has sued. Read More Do pot and heroin have anything in common? by admin | February 7, 2019 | Blog, News | 0 Comments February 4th, 2019 What do pot and heroin have... Read More Opioid Alternative Pilot Program in Illinois by admin | February 7, 2019 | Blog, News | 0 Comments The Opioid Alternative Pilot Program launched... Read More The post Federal Marijuana Revenue and Regulation Act – The 420 Bill appeared first on Komorn Law. View the full article
  9. Michigan officials end caregiver marijuana supply to medical pot shops The stock of medical marijuana products at licensed Michigan businesses will soon change, as a result of new guidance from state officials. Effective immediately, licensed medical marijuana provisioning centers can no longer stock their shelves with products grown by caregivers, the Marijuana Regulatory Agency announced Thursday in a press release. Licensed shops can only buy from state-licensed growers and processors. Caregivers, however, will be allowed to sell to state-licensed growers and processors — who will be required to test the product and enter it into the state’s tracking system. The switch away from the illegal supply of caregiver weed to the regulated market was supposed to occur April 1, but was delayed for a month due to a barrage of lawsuits filed against the state in a separate but entangled issue over the ability of unlicensed pot shops to operate. Court of Claims Judge Stephen Borrello issued his orders two days ago — which allow unlicensed pot shops to stay open until 60 days after officials decide on their license applications. Borrello left the issue of caregiver product up to the Marijuana Regulatory Agency to decide. Now the embattled medical marijuana market will switch over to regulated product as its main source. Corporate mega-growers have criticized the use of caregiver marijuana for the past five months, as it has tested positive for E. coli, Salmonella, mold, lead and other heavy metals. No illnesses have been reported to the state from its use. Read More From MLive By Amy Biolchini | abiolch1@mlive.com The post Michigan officials end caregiver marijuana supply to medical pot shops appeared first on Komorn Law. View the full article
  10. Michigan judge slams state for ‘freakish’ regulation of medical marijuana businesses A year-long saga of changing compliance deadlines for 50 medical marijuana shops allowed to operate unlicensed is over. Court of Claims Judge Stephen Borrello ordered Tuesday that Michigan regulators cannot set any new compliance deadline for unlicensed pot shops. In his 12-page opinion, Borrello chastised officials in the Department of Licensing and Regulatory Affairs for being “ill-equipped” to handle the licensing process in a timely manner — which has led to the current market of unlicensed businesses. “At the outset, the Court notes that LARA’s entire method of handling license applications has been ‘apt to sudden change, freakish, or whimsical,’” Borrello wrote. Temporarily operating provisioning centers will be allowed to operate until their license applications are considered by the state — and officials can only ask them to shut down 60 days after their license application has been denied, Borrello ordered in a ruling that affects eight consolidated cases. Borrello has left the issue of whether caregiver marijuana can be used to supply the licensed market up to the state to decide. The state’s new Marijuana Regulatory Agency is reviewing the court orders before issuing a statement, said David Harns, spokesman for the agency. The state has been trying to hold unlicensed businesses to a licensing deadline since June 2018 but have been thwarted by court orders. Borrello has previously extended the deadline. The most recent attempt to enforce a deadline was brought forward by Governor Gretchen Whitmer, who had proposed March 31 — but another barrage of last-minute legal filings from medical marijuana businesses stopped that under a ruling from Borrello. Read the rest of the story here at MLive By Amy Biolchini | abiolch1@mlive.com The post Michigan judge slams state for ‘freakish’ regulation of medical marijuana businesses appeared first on Komorn Law. View the full article
  11. Medical Marijuana Now Available to Patients Immediately After Receiving Online Approval May 1, 2019 – Effective today, medical marijuana patients in Michigan who apply for their marijuana registry card online may now use their approval email as a temporary substitute for a valid registry card in order to obtain their medication the same day they are approved. The Marijuana Regulatory Agency (MRA) has implemented a change to the Michigan Medical Marijuana Program (MMMP) to ensure that patients with debilitating medical conditions are able to obtain marijuana for medical use as quickly as possible. “A process that used to take several weeks now can be done in a single day,” said MRA Executive Director Andrew Brisbo. “We are excited to offer this new online approval option for the state’s medical marijuana patients.” The email that patients receive after an online application has been approved may serve as a temporary substitute for a valid registry card. This approval email is valid until patients receive their card in the mail or for up to 10 days from the date of the approval email. As a result, patients will not have to wait to receive their registry cards in the mail and will be able to purchase or obtain medication the same day they are approved. A valid driver’s license or government-issued identification card with a photographic image is also required to purchase marijuana. To utilize this online service please visit www.michigan.gov/mmp and note the following: A patient’s certifying physician must have an online account with the MMMP. A patient must register for an online account. The patient must submit an online application. In the past, registry cards could only be obtained through the traditional mail-in process, which took up to five weeks for patients to receive their card. The process was recently updated to allow for online processing – but a patient still had to wait for 7-10 business days to receive their registry card. This new process allows for medical marijuana patients to gain access to their medicine immediately after receiving approval. The post Medical Marijuana Now Available to Patients Immediately After Receiving Online Approval appeared first on Komorn Law. View the full article
  12. I’m a current/prospective medical marijuana patient. Should I go to a third-party business to get/renew my registry identification card? Can my application and physician certification serve as a temporary registration card? The Michigan Medical Marijuana Program (MMMP) is a state registry program that administers the Michigan Medical Marihuana Act (MMMA) as approved by Michigan voters on November 4, 2008. MMMP is a division within the Bureau of Marijuana Regulation (BMR), is separate from the Facilities Licensing Division within BMR, and is governed by a different law. MMMP is not affiliated with any third-party business operations, “dispensaries,” provisioning centers, caregivers, or certifying physicians and is not associated with any business operation that uses the terms “Michigan Medical Marijuana Program” or “MMMP” in their name or advertising. Applicants often receive inaccurate information from third parties that result in their applications being delayed or denied. Third-party business operations which tell patients that their application and physician certification serve as a temporary registration card are putting the patients at risk of possible arrest. As outlined in the MMMA, a patient or caregiver must present their valid registry identification card and a valid driver license – or government-issued identification card with photo – to law enforcement to be protected from arrest. BMR recommends that applicants wait until they receive a registry card before engaging in the medical use of marijuana. You may now register, renew or make changes to your registry card online. You must be a qualified patient without a caregiver and your physician must have an online account. Instructions and the online portal are available on our website at www.michigan.gov/mmp. If a patient or caregiver is submitting a paper application or an amendment to the MMMP, it is important to read and follow the instructions for completing the form and include all required supporting documents listed in the instructions. If a patient or caregiver is unsure about the instructions, they should call the MMMP before mailing the documents. It is also important for patients to only submit one application and its supporting documentation per envelope. If a patient was denied after submitting a paper application and is reapplying, it is important that they read and follow the instructions in the denial letter and – if they are unsure about the instructions – call the MMMP before mailing the documents. Patients should date the new application on the date they sign it – do not backdate or use the same date that was on the application that was denied. Patients should not allow other individuals or third parties to submit their applications or any other documents to the MMMP as patients will be unable to determine when or if their applications were submitted. Patients should not allow other individuals or third parties to retain copies of their documents, state-issued driver licenses, personal identification cards, or voter registrations as that increases the possibility of fraudulent submissions. The most recent approved application and forms are available on the MMMP website at www.michigan.gov/mmp. Applicants, registered patients, and registered caregivers are required to use these updated forms. Failure to use current forms will result in a denial or the form being rejected. Those submitting an application or request for changes to his or her registration should only download forms from the MMMP’s website. Patients who wish to acquire medical marijuana or medical marijuana-infused products from licensed provisioning centers must first present a valid registry identification card at the time of purchase. The post LARA FAQ – Temporary Registration Card appeared first on Komorn Law. View the full article
  13. PLANET GREEN TREES RADIO CELEBRATES SHOW #420 Planet Green Trees radio celebrated it’s 420th episode on April 18, 2019. The show was broadcast from the Grow Green Warehouse location in Whitmore Lake courtesy of Tony Portelli owner of Grow Green. Your host Attorney Michael Komorn presided over the show the usual suspects of Jim Powers- Michigan Parents for Compassion co- founder, Steve Miller, Jamie Lowell, Rick Thompson and Debra Young. Special Guests making an appearence on the show included the legendary John Sinclair, Adam L Brook (Hash Bash Organizer), Michigan State Sen. Jeff Irwin, D-18th District, Nick Zettell and many more guests who have made the show a success. One guest invaded the scene just as he did during the Hash Bash, Cannabis Cup A2 and the Monroe Street Fair. Who was it? The Promoto Dragon of course. Thinking of Starting a Cannabis or Hemp Business? Komorn Law has associated our law firm expanding its cannabis and hemp industry services across the globe. If you are thinking about starting a business in this area you will need legal guidance and corporate counsel. Contact our office to find out more information. Call 800-656-3557 Some Past Shows PGT #420 – 420th Episode! 107 8 18 Apr 157:01 Consoler of the Lonely 90 9 28 Mar 131:54 PGT #418 – I Have Realized bunny muffin Shows Are My Muse 67 6 21 Mar 300:58 PGT #417 – They’re the making whoopee worst 59 5 14 Mar 151:30 PGT #416 – Fully Cocked 75 8 07 Mar 300:59 PGT #415 – Under the Influence 85 12 14 Feb 132:36 PGT #414 – On the road again 85 7 07 Feb 151:32 PGT #413 – We’ll Settle 79 7 24 Jan 128:45 PGT #412 – Where’s the weed at? 84 7 17 Jan 139:22 PGT #411 – It cannot be described as anything but a failure 88 11 10 Jan 146:55 See More Want Grow Hemp In Michigan This Year? Here’s What You Need To Do. On April 18, 2019 – Governor Whitmer launched an Ag pilot program for farmers interested in farming hemp this year. Under the 2014 Farm Bill, this program is meant for research purposes. Read More Lawsuit served to remove marijuana from controlled substances list in Michigan John Sinclair, The Michigan Medical Marijuana Association, Komorn Law and others filed a lawsuit to remove marijuana from the Michigan controlled substance list. Read More CBD declared marijuana by the pharmacy board Stores throughout Ohio continue to sell... Read More FDA Chief Clarifies Enforcement Priorities For CBD Products At his final hearing before a Senate... Read More There’s a new report out on marijuana and impaired driving A new report suggests that there should be no... Read More ISRAEL TO PARTIALLY DECRIMINALIZE MARIJUANA POSSESSION The plan which went into effect at midnight on... Read More 400 plus Michigan communities opt out of recreational cannabis businesses. After Proposal 1 passed in Michigan which legalized adult-use marijuana and industrial hemp as well as the 2018 U.S. Farm Bill which legalized hemp nationwide there has been a rise of products made with CBD. Read More Michigan Officials-Adding CBD oil to food and drinks is illegal. After Proposal 1 passed in Michigan which legalized adult-use marijuana and industrial hemp as well as the 2018 U.S. Farm Bill which legalized hemp nationwide there has been a rise of products made with CBD. Read More LARA-Board Meeting Resolution 3-21-19 – Product Access For Patients The resolution of Marijuana product access to... Read More New Michigan marijuana proposal: What would change if it passes Amid concerns about minority businesses being... Read More The post Mich. police can’t search passengers in stops without consent, ruling finds appeared first on Komorn Law. View the full article
  14. PLANET GREEN TREES RADIO CELEBRATES SHOW #420 Planet Green Trees radio celebrated it’s 420th episode on April 18, 2019. The show was broadcast from the Grow Green Warehouse location in Whitmore Lake courtesy of Tony Portelli owner of Grow Green. Your host Attorney Michael Komorn presided over the show the usual suspects of Jim Powers- Michigan Parents for Compassion co- founder, Steve Miller, Jamie Lowell, Rick Thompson and Debra Young. Special Guests making an appearence on the show included the legendary John Sinclair, Adam L Brook (Hash Bash Organizer), and many more. One guest invaded the scene just as he did during the Hash Bash, Cannabis Cup A2 and the Monroe Street Fair. Who was it? The Promoto Dragon of course. Thinking of Starting a Cannabis or Hemp Business? Komorn Law has associated our law firm expanding its cannabis and hemp industry services across the globe. If you are thinking about starting a business in this area you will need legal guidance and corporate counsel. Contact our office to find out more information. Call 800-656-3557 Some Past Shows PGT #420 – 420th Episode! 107 8 18 Apr 157:01 Consoler of the Lonely 90 9 28 Mar 131:54 PGT #418 – I Have Realized bunny muffin Shows Are My Muse 67 6 21 Mar 300:58 PGT #417 – They’re the making whoopee worst 59 5 14 Mar 151:30 PGT #416 – Fully Cocked 75 8 07 Mar 300:59 PGT #415 – Under the Influence 85 12 14 Feb 132:36 PGT #414 – On the road again 85 7 07 Feb 151:32 PGT #413 – We’ll Settle 79 7 24 Jan 128:45 PGT #412 – Where’s the weed at? 84 7 17 Jan 139:22 PGT #411 – It cannot be described as anything but a failure 88 11 10 Jan 146:55 See More Want Grow Hemp In Michigan This Year? Here’s What You Need To Do. On April 18, 2019 – Governor Whitmer launched an Ag pilot program for farmers interested in farming hemp this year. Under the 2014 Farm Bill, this program is meant for research purposes. Read More Lawsuit served to remove marijuana from controlled substances list in Michigan John Sinclair, The Michigan Medical Marijuana Association, Komorn Law and others filed a lawsuit to remove marijuana from the Michigan controlled substance list. Read More CBD declared marijuana by the pharmacy board Stores throughout Ohio continue to sell... Read More FDA Chief Clarifies Enforcement Priorities For CBD Products At his final hearing before a Senate... Read More There’s a new report out on marijuana and impaired driving A new report suggests that there should be no... Read More ISRAEL TO PARTIALLY DECRIMINALIZE MARIJUANA POSSESSION The plan which went into effect at midnight on... Read More 400 plus Michigan communities opt out of recreational cannabis businesses. After Proposal 1 passed in Michigan which legalized adult-use marijuana and industrial hemp as well as the 2018 U.S. Farm Bill which legalized hemp nationwide there has been a rise of products made with CBD. Read More Michigan Officials-Adding CBD oil to food and drinks is illegal. After Proposal 1 passed in Michigan which legalized adult-use marijuana and industrial hemp as well as the 2018 U.S. Farm Bill which legalized hemp nationwide there has been a rise of products made with CBD. Read More LARA-Board Meeting Resolution 3-21-19 – Product Access For Patients The resolution of Marijuana product access to... Read More New Michigan marijuana proposal: What would change if it passes Amid concerns about minority businesses being... Read More The post PLANET GREEN TREES RADIO CELEBRATES SHOW #420 appeared first on Komorn Law. View the full article
  15. In a lawsuit served this week to the Michigan Board of Pharmacy and its chairwoman, Nichole Cover, the plaintiffs claim the current law that issues medical marijuana cards to patients and licenses dispensaries is contradictory to the state’s Controlled Substance Act that classifies the drug as contraband. Because of that, they say its status violates their due process and equal protection rights and freedom from unreasonable searches and seizures. “It’s not a Schedule 1 drug,” Sinclair told The Detroit News. “It’s been legalized by the citizens and approved by the state. There are thousands that take it and licenses to sell marijuana. That’s why it needs to be corrected in my opinion.” A Schedule 1 classification refers to substances that have no currently accepted medical use and a high potential for abuse. It includes drugs such as heroin and ecstasy. The Michigan Board of Pharmacy determines the scheduling. The lawsuit focus on the 2016 Medical Marihuana Facilities Licensing Act in which the state legislature granted the state permission to license marijuana businesses. The state Licensing and Regulatory Affairs Department’s Medical Marihuana Licensing Board began issuing licenses for businesses to grow, process, transport and sell medical marijuana last spring. As a result, the plaintiffs that include medical patient Josey Scoggin, physician Dr. Christian Bogner, pharmacist Paul Littler, the National Organization for the Reform of Marijuana Laws of Michigan Inc. and the Michigan Medical Marijuana Association claim marijuana’s Schedule 1 listing is repealed by implication. Michael Komorn, one of the attorneys for the plaintiffs, stated: “This is not a controlled substance.” He added “The idea that someone would be growing an opioid … and bringing it to a pharmacy because they were running low on their meds is the scenario that would have to exist in order for marijuana to remain as a scheduled drug.” Poet and activist John Sinclair has been a cannabis activist in Michigan for more than 50 years. He stated: “For 80 years they’ve been locking people up and taking their possessions and harassing and terrorizing us as citizens because we like to smoke weed,” adding “I want to be part of every effort to completely remove the police from our lives regarding marijuana. They’ve got nothing at all to do with marijuana.” The lawsuit argues that Michigan laws recognize the medical benefits of marijuana, and yet the Michigan Board of Pharmacy continues to list marijuana as a Schedule 1 drug — a designation that means it has no accepted medical benefits and has a high potential for abuse. “The Michigan Department of Attorney General is in the process of reviewing and preparing a response to the complaint,” according to a statement from spokeswoman Kelly Rossman-McKinney. The “absurdity” of the legal conflict between the Medical Marihuana Facilities Licensing Act and the Public Health Code has to be addressed, said Michael Komorn, one of the attorneys behind the case. “It’s intellectually dishonest,” Michael Komorn of Komorn Law said. Sinclair has a long history of advocacy in Michigan; his 1967 arrest over two joints sparked the first Hash Bash in Ann Arbor. The Michigan Supreme Court in 1972 noted in the opinion that overturned Sinclair’s conviction that “not only that there is no rational basis for classifying marijuana with the ‘hard narcotics’, but, also, that there is not even a rational basis for treating marijuana as a more dangerous drug than alcohol.” Federally, marijuana remains listed as a Schedule 1 Controlled Substance and its use remains illegal. The U.S. Attorney General’s office has declined to prosecute states or businesses that have launched medical and recreational marijuana programs. President Donald Trump’s nominee for attorney general, Bill Barr, has said he’ll continue that approach — but believes overarching change is needed. Thinking of Starting a Cannabis or Hemp Business? Komorn Law has associated our law firm expanding its cannabis and hemp industry services across the globe. If you are thinking about starting a business in this area you will need legal guidance and corporate counsel. Contact our office to find out more information. Call 800-656-3557 Lawsuit served to remove marijuana from controlled substances list in Michigan The Michigan Regulation and Taxation of Marihuana Act (MRTMA) In a lawsuit served this week to the Michigan Board of Pharmacy and its chairwoman, Nichole Cover, the plaintiffs claim the current law that issues medical marijuana cards to patients and licenses dispensaries is contradictory to the state’s Controlled Substance Act that classifies the drug as contraband. Because of that, they say its status violates their due process and equal protection rights and freedom from unreasonable searches and seizures. “It’s not a Schedule 1 drug,” Sinclair told The Detroit News. “It’s been legalized by the citizens and approved by the state. There are thousands that take it and licenses to sell marijuana. That’s why it needs to be corrected in my opinion.” Read More Want Grow Hemp In Michigan This Year? Here’s What You Need To Do. On April 18, 2019 – Governor Whitmer launched an Ag pilot program for farmers interested in farming hemp this year. Under the 2014 Farm Bill, this program is meant for research purposes. Read More CBD declared marijuana by the pharmacy board Stores throughout Ohio continue to sell... Read More FDA Chief Clarifies Enforcement Priorities For CBD Products At his final hearing before a Senate... Read More There’s a new report out on marijuana and impaired driving A new report suggests that there should be no... Read More ISRAEL TO PARTIALLY DECRIMINALIZE MARIJUANA POSSESSION The plan which went into effect at midnight on... Read More 400 plus Michigan communities opt out of recreational cannabis businesses. After Proposal 1 passed in Michigan which legalized adult-use marijuana and industrial hemp as well as the 2018 U.S. Farm Bill which legalized hemp nationwide there has been a rise of products made with CBD. Read More Michigan Officials-Adding CBD oil to food and drinks is illegal. After Proposal 1 passed in Michigan which legalized adult-use marijuana and industrial hemp as well as the 2018 U.S. Farm Bill which legalized hemp nationwide there has been a rise of products made with CBD. Read More LARA-Board Meeting Resolution 3-21-19 – Product Access For Patients The resolution of Marijuana product access to... Read More New Michigan marijuana proposal: What would change if it passes Amid concerns about minority businesses being... Read More The post Lawsuit served to remove marijuana from controlled substances list in Michigan appeared first on Komorn Law. View the full article
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