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  1. To establish that property seized from a person because it may be associated with a suspected drug crime is not subject to forfeiture unless the individual is actually convicted. The bill would also prohibit officials from requiring a person to negotiate for return of their property. However, the conviction requirement would only apply to forfeitures of less than $50,000 (meaning police and prosecutors could still take and keep those assets using a lower burden of proof). Introduced by Rep. Peter Lucido (R) on February 2, 2017 Passed 83 to 26 in the House on May 8, 2018. See Who Voted – Yes / No – below to establish that property seized from a person because it may be associated with a suspected drug crime is not subject to forfeiture unless an individual is actually convicted. Official Government Site IN FAVOR HOUSE DEMOCRATS Brinks (D) Byrd (D) Camilleri (D) Chang (D) Clemente (D) Durhal (D) Ellison (D) Garrett (D) Gay-Dagnogo (D) Geiss (D) Greig (D) Hammoud (D) Hertel (D) Hoadley (D) Jones (D) LaGrand (D) Lasinski (D) Liberati (D) Moss (D) Pagan (D) Peterson (D) Phelps (D) Rabhi (D) Robinson (D) Scott (D) Singh (D) Sneller (D) Sowerby (D) Wittenberg (D) Zemke (D) HOUSE REPUBLICANS Afendoulis (R) Albert (R) Alexander (R) Allor (R) Barrett (R) Bellino (R) Bizon (R) Brann (R) Calley (R) Canfield (R) Chatfield (R) Cole (R) Farrington (R) Frederick (R) Glenn (R) Griffin (R) Hauck (R) Hernandez (R) Hoitenga (R) Hornberger (R) Howell (R) Howrylak (R) Hughes (R) Iden (R) Inman (R) Johnson (R) Kahle (R) Kelly (R) LaFave (R) Lauwers (R) Leonard (R) Leutheuser (R) Lilly (R) Lower (R) Lucido (R) Marino (R) McCready (R) Noble (R) Pagel (R) Reilly (R) Rendon (R) Roberts (R) Runestad (R) Sheppard (R) Tedder (R) Theis (R) VanderWall (R) VanSingel (R) Vaupel (R) Verheulen (R) Wentworth (R) Whiteford (R) Yaroch (R) AGAINST HOUSE DEMOCRATS Cambensy (D) Chirkun (D) Cochran (D) Dianda (D) Elder (D) Faris (D) Green (D) Greimel (D) Guerra (D) Kosowski (D) Love (D) Neeley (D) Sabo (D) Santana (D) Yancey (D) Yanez (D) HOUSE REPUBLICANS Cox (R) Crawford (R) Garcia (R) Graves (R) Kesto (R) LaSata (R) Maturen (R) Miller (R) Victory (R) Webber (R) 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 Michigan 2017 House Bill 4158 – Require conviction for property forfeiture appeared first on Komorn Law. View the full article
  2. An interesting read about a 5 year trend (2013-2017) accident and crash trends for drivers who admitted they were using cellphone. There is a link toward the bottom of the page to the PDF which has some detailed statistics with a pretty picture. But you’ll read most of it here. Michigan Traffic Crash Facts Cell phone use can be a distraction for the driver, the bicyclist, and the pedestrian. Cell phone use in crashes is measured by reported use, which is recorded by the police officer at the scene of the crash. 2017 Traffic Crash Data A total of 3,099 crashes occurred in Michigan where a motor vehicle driver, pedestrian, or bicyclist was using a cell phone. Twenty-one of those crashes involved a fatality. A total of 3,076 motor vehicle drivers, 25 pedestrians, and nine bicyclists were reported to be using cell phones in the 3,099 crashes. Of the 25 pedestrians using a cell phone, three pedestrians were killed, six suffered a suspected serious injury, ten suffered a suspected minor injury, and five suffered a possible injury. Of the 3,076 motor vehicle drivers using cell phones, 618 (20.1%) were 20 years of age or younger. There were 1,490 (48.1%) rear-end crashes where a driver was using a cell phone. Charged with distracted driving or driving under the influence of marijuana or alcohol? Contact Komorn Law for a free case evaluation 800-656-3557. Of the total 3,099 crashes involving cell phone use, 609 (19.7%) also involved a lane departure. Of the total 3,099 crashes involving cell phone use, 1,236 (39.9%) were intersection related. There were 3,076 motor vehicle drivers using a cell phone in crashes: 2,713 passenger cars, 292 pickup trucks, 28 trucks or buses over 10,000 lbs., 11 small trucks under 10,000 lbs., ten vans or motorhomes, one motorcycle, four vehicle types coded as “other,” and 17 uncoded and errors. *In 2016, the data field measuring cell phone use was changed to include multiple distraction elements. Increases in the number of cell phone crashes in 2016 and future years may be the result of the police report change. See a Detailed Stats Report on Drivers Tested Positive for Cannabinoid Drugs Michigan Traffic Crash Facts (Main Website) 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 2017 Data Statistics on Cell Phone Use and driving accidents appeared first on Komorn Law. View the full article
  3. An interesting read about a 5 year trend (2013-2017) accident and crash trends for drivers who tested positive for cannabinoid drug. There is a link toward the bottom of the page to the PDF which has very detailed statistics. Michigan State Police (MSP) Drivers Tested Positive for Cannabinoid Drugs (Delta 9, Hashish Oil, Hashish, Marijuana/Marihuana, Marinol, Tetrahydrocannabinols, THC, or Cannabinoid, type unknown) 2017 Traffic Crash Data There were 174 drivers who tested positive for cannabinoid drug use involved in 169 motor vehicle crashes. Of those crashes, 131 were classified as fatal, resulting in 144 fatalities. An additional 156 persons were injured. The highest number of motor vehicle crashes with drivers who tested positive for cannabinoid drug use (19) occurred in April and May, and the highest number of fatal crashes (17)and persons killed (19) occurred in May. Charged with driving under the influence of marijuana or alcohol? Contact Komorn Law for a free case evaluation 800-656-3557. Michigan driver statistics indicate 6.5 percent of licensed drivers who tested positive for using cannabinoid drugs were age 16-20, and 16.7 percent of drivers who tested positive for using cannabinoid drugs in crashes were also in that age group. See the entire PDF report here which has very detailed breakdowns. Michigan Traffic Crash Facts (Main Website) 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 2017 Stats for Drivers Tested Positive for Cannabinoid Drugs appeared first on Komorn Law. View the full article
  4. THETFORD TOWNSHIP (WJRT) – Thetford Township Police Chief Robert Kenny was arrested this week in connection with an investigation into surplus military equipment his department received. Genesee County Sheriff Robert Pickell scheduled a press conference for Thursday morning to discuss “the arrest and charges” Kenny is facing. Court records show Kenny is charged with embezzlement and obstruction of justice dating back to 2012. The sheriff’s office has been investigating Thetford Township’s use of more than $1 million worth of surplus military equipment obtained through the Law Enforcement Supports Office over the past decade. Kenny obtained the equipment, including a large forklift down to several used sleeping bags, on behalf of the township’s two-person police department. Thetford Township Supervisor Gary Stevens has challenged Kenny for months to account for the whereabouts of the equipment. Much of it had been stored on private property inside and outside the township. Earlier this year, a resident dropped off a large forklift and other equipment at the township hall after storing it on his land for years. The forklift then ended up in Stevens’ driveway a few weeks later, leading to a $1,300 towing bill to remove it. Kenny also turned in an envelope this spring containing nearly $5,000, which he told officials was the proceeds from selling some of the equipment for scrap metal. In April, the sheriff’s office raided the Thetford Township offices and seized several boxes of evidence. The Thetford Township Board had planned to seek a public vote in November on whether residents wanted to continue the police department, but those plans were nixed when board members learned it was too late to get a question on the ballot. Report From ABC12 News Team (8/22/2018) Thetford Township has to return its military surplus after police chief arrest Michigan Radio By TRACY SAMILTON 9/11/18 Thetford Township will have to return its federal military surplus – if it can locate it – to the government, if there are no other police departments that want it. That’s after Thetford Township police chief Robert Kenny was arrested for allegedly embezzling from the program. Kenny acquired a large amount of federal military surplus since 2012 – nearly 4,000 items, with a retail value of $2.7 million. He was arrested in late August for allegedly pocketing the proceeds from selling some of it. Larry Goerge is the state coordinator for the surplus program. He says today, it’s unlikely Kenny would have been able to get so much. “There’s been a lot of changes in the program since he was originally participating,” says Goerge. “We’ve covered a lot of those little loopholes that departments would have in the past.” Kenny faces up to five years in prison for the embezzlement. He was also charged with obstruction of justice after he staged a fake “discovery” of missing money. Yet another problem came to light after Kenny’s arrest. The police department wasn’t paying back a loan on a truck it purchased. The loan came from the township’s sewerage department. Township supervisor Gary Stevens says he may have to reduce the hours of one of the police department’s two remaining employees, in order to fix the budgets for the police department and the sewerage department. There are some other consequences from Kenny’s arrest. A day after the arrest, the township’s clerk, a Kenny supporter, resigned. There may have to be a special election to replace her, because township trustees who supported Kenny wanted to hire one person and trustees who were instrumental in exposing Kenny’s alleged crimes wanted another. 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 Thetford Township police chief arrested amid military equipment investigation appeared first on Komorn Law. View the full article
  5. The Michigan Cannabis Business Licensing Deadline September 15, 2018 The Medical Marihuana Licensing Board’s September 15th deadline for unlicensed provisioning centers to close is approaching fast. Only about 16 licenses out of a reported 637 applications have been approved. There are approximately over 200 provisioning centers operating temporarily under state emergency rules. Most will have to shut down on the deadline date. “The implementation is insufficient,” says attorney Josh Colton of the Komorn Law firm. “Patients need safe access to their medicine. Extending the deadline from June to September was for this purpose. To all of a sudden shut this down is going to leave quite a few people scrambling.” “Even though I think [MMLB] are doing everything they possibly can, even if they are successful in getting 20 more facilities licensed, it is simply not enough to take care of the patient base,” says Colton. “I have many cannabis business clients looking for answers” said attorney Michael Komorn who has experience and is recognized as an expert in Michigan Medical Marijuana laws. The post Michigan Cannabis Business Licensing Deadline appeared first on Komorn Law. View the full article
  6. Below are links to various proposals 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 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 2018 Statewide Ballot Proposal Status in the State of Michigan appeared first on Komorn Law. View the full article
  7. Medical marijuana home delivery under consideration in Michigan 8/29/18 Medical marijuana patients might be able to soon have their medicine delivered… right to their homes under a proposed set of rules. Michigan officials are reviewing this with consideration. Provisioning centers could send out an employee to deliver products to patients directly in a transaction as simple as ordering a pizza or Chinese food. Marijuana home deliveries are allowed in Oregon, California and Nevada — though their programs are not all universal. Colorado, Washington, Alaska and Washington D.C. don’t allow for home delivery. Under the proposed rules in Michigan, medical patients could order online and pay online for home deliveries. Provisioning centers would be allowed to staff one person to make home deliveries, who could only deliver to three patients at a time, according to the proposed rules. The provisioning center would have to be able to track the delivery’s GPS location at all times during the delivery, and logs would have to be kept. Deliveries would only be allowed to the home address of the patient. Medical patients living in a city or township that has banned medical marijuana businesses from operating could receive deliveries from provisioning centers, said David Harns, spokesman for the state’s Bureau of Medical Marijuana Regulation. A hearing on the permanent rules is set for Sept. 17. The emergency rules and permanent rules are largely the same, save for the ability of provisioning centers to make deliveries, Copenhaver said. From MLive Read the PDF Version of this Article Join Komorn and other special guests at the Bay City MMLE Networking Meeting on 9/12/18 Read About The LARA Meeting on 9/17/18 The post Medical marijuana home delivery? appeared first on Komorn Law. View the full article
  8. Join Michigan Marijuana Licensing Experts for an update and networking event regarding MMFLA Wednesday, September 12th 2018 @ 11am Facilitated by MMLE’s own and MILegalize board member, Jamie Lowell. Our speaker line up includes, Michigan Top Business and Cannabis Attorney, Michael Komorn, The Godfather of Marijuana Reform, Tim Beck Creator of Michigan Cannabis Industries Report, Rick Thompson Justin Pullin, Michigan Representative of Advanced Nutrients. Network with other industry experts at an event tailored specifically to businesses getting licensed, municipalities working through licensure and those currently operating under Emergency Rules. Hurry to RSVP because seating is limited. RSVP no later than Friday, September 7th. REGISTER NOW 300 Center Avenue Bay City, Michigan 48708 (Suite 201) 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 Network with MMLE and other industry professionals appeared first on Komorn Law. View the full article
  9. Do you have a criminal record? Do you want to keep that criminal record? The time to get it expunged is now. The laws and the requirements have changed making it easier to remove that debacle from your life that you may or may not have done (but plead to it anyway). Get your future back in order and feel confident about filling out job applications, social activities and so much more. Komorn Law can help you get rid of that criminal record Call us us for a free no-obligation case evaluation 800-656-3557. Explanation of Recent Changes to the Expungement Statute, MCL 780.621 et seq., amended by 2014 PA 463(eff. Jan 12, 2015) 1.16 The Former Criminal Expungement Rule. The eligibility rules before 2011 were (1) that the offender had to have only one conviction on his or her record, (2) that the conviction was for an eligible offense, and (3) that the petition could not be filed until five years after the imposition of sentence or completion of incarceration, whichever was later. Ineligible offenses were those with a maximum penalty of life and attempts to commit those crimes, certain sex crimes and attempts to commit those crimes, and traffic offenses. 2011 Criminal Expungement Rule Change. In June 2011, the legislature expanded the list of eligible offenders but narrowed the list of eligible offenses. An eligible offender included an individual with a single conviction on his or her record and also an individual who had one felony conviction and not more than two “minor offense” convictions. “Minor offense” was defined as an offense committed before the offender’s 21st birthday and for which the maximum penalty was not more than 90 days and a fine of not more than $1,000. The list of ineligible offenses was expanded to include child sexually abusive activity, using the Internet or computer to commit a crime, and attempts to commit those crimes. 2011 PA 64 (eff. June 23, 2011). 2015 Criminal Expungement Rule Change. Once again, the legislature expanded the list of eligible offenders but narrowed the list of eligible offenses. The legislature also changed the timing rules and expanded the definition of “misdemeanor” and “felony” conviction to include deferred and diverted matters. Practical Implications 1.17 Eligible Offender. As of January 12, 2015, an eligible offender includes (1) an individual with a single conviction, (2) an individual with one felony conviction and two misdemeanor convictions, or (3) an individual with no felony convictions and two misdemeanor convictions. In the second scenario, the offender may petition to expunge the felony conviction alone. In the third scenario, the individual may petition to expunge one or both misdemeanor convictions. MCL 780.621(1)(a)–(b), .624. Eligible Offenses. An individual may not petition for the expungement of a felony conviction for which the maximum penalty is life imprisonment or attempts to commit those crimes, certain sex crimes and attempts to commit those crimes (including child sexually abusive activity; second degree child abuse; CSC first, second, third, and fourth degree; and assault with intent to commit CSC), and traffic offenses including drunk driving. The list also includes human trafficking convictions and a felony domestic violence conviction if the offender has a prior misdemeanor domestic violence conviction. MCL 780.621(3). CSC Fourth Degree. If the offender was convicted of CSC fourth degree before January 12, 2015, the individual may petition to expunge this conviction if the individual has no more than two “minor offenses” on his or her record (see the definition of “minor offense” above). There is no relief for a CSC fourth degree conviction entered after January 12, 2015. The statute is unclear about what happens for a CSC fourth degree conviction entered on January 12, 2015. MCL 780.621(1)(c). Misdemeanor Conviction. This term is now defined to include misdemeanor offenses under a penal law of this state, another state, an Indian tribe, the law of the United States, a local ordinance, etc. It also includes misdemeanor and felony matters deferred or dismissed under certain liquor code provisions, drug court diversions, veterans court diversions, HYTA, MCL 333.7411, domestic violence diversion, parental kidnapping diversion, and certain health care violations. MCL 780.621(2), (16)(f). Felony Conviction. For purposes of the offense to be set aside, this term applies to Michigan crimes for which the maximum penalty is more than one year or crimes that are designated by law to be a felony. For purposes of determining the offender’s prior record, this term includes convictions from this state, another state, or the United States if the offense is punishable by imprisonment for more than one year or is designated by law to be a felony. MCL 780.621(16)(c). Five-Year Wait. Previously, the individual was not allowed to file a petition until five years from the date of sentencing or five years from the completion of incarceration, whichever was later. Now, the five-year period runs from the completion of probation; the completion of parole; the completion of a prison sentence if no parole is granted (or is revoked); the completion of a jail sentence if no probation is imposed; or the date of sentencing if there is no incarceration, probation, or parole. MCL 780.621(5). Renewed Petitions. If the application is denied, it may not be refiled for at least three years unless the court specifies an earlier date in the order denying the application. MCL 780.621(6). Prostitution Convictions.Effective January 14, 2015, an individual may petition to expunge one or more prostitution convictions under MCL 750.448, .449, and .450, if the individual can prove by a preponderance of the evidence that the crime was committed as a direct result of being a victim of human trafficking (i.e, forced prostitution). There appears to be no limit on the number of prostitution convictions that may be expunged, and there is no time limitation for the filing of the petition (i.e., it may be filed without a five-year wait). MCL 780.621(4), (7), (13), amended by 2014 PA 335 (eff. Jan 14, 2015). Minor Offense.This term is now relevant only for CSC fourth degree convictions entered before January 12, 2015. “Minor offense” means a misdemeanor or ordinance violation committed before the age of 21 with a maximum penalty not to exceed 90 days and a maximum fine not to exceed $1,000. MCL 780.621(1)(c). About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry, the criminal justice system and criminal record expungement. 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 Changes to Criminal Record Expungement Laws appeared first on Komorn Law. View the full article
  10. In late May, Detroit police, along with federal law enforcement agencies, raided what the media described as a “massive marijuana grow operation.” It turned out to be Vola Brands a temporary licensed medical marijuana and cannabis company in Detroit that was founded by former NBA player Al Harrington. It was raided even though they should have known it was legal. The license address was listed on this document. Six people were arrested and charged with felonies. The crop — more than 1,000 plants valued at several million of dollars, 100 pounds of marijuana along with lights, fans and testing equipment, were seized. U.S. Border Patrol was credited with an assist. A Border Patrol agent who works in “gang intel” and was “embedded” with the Detroit Police Department conducted a “thorough investigation,” and obtained a search warrant, Detroit police Sgt. Gerry Johnson told a local television station. “This is one of the most sophisticated operations I’ve seen in a long time,” Johnson said. There was a reason for that. The “bust” was a raid of a licensed medical marijuana cultivation facility run by Viola Brands, a cannabis company founded by former NBA star Al Harrington. Viola Brands had a state permit as well as local building permits. Case Dismissed On July 31, Komorn Law as well as other defense attorneys got Judge Kenneth King of 36th District Court to dismissed the case “in the interest of fairness.” On July 31, a judge dismissed all charges filed against the six people arrested at the grow “in the interest of fairness,” according to the Detroit News. According to a defense attorney involved in the case The Detroit Police apparently forgot — or did not bother — to secure the door to the facility after the raid, allowing burglars to enter and make off with expensive equipment the police did not seize How did Detroit Police manage to “investigate” and “raid” a “marijuana operation” without figuring out that it was licensed by the city? Detroit’s building inspection department is owed at least some of the blame. When police called to see if the operation was legitimate — the “investigation” referred to above — Detroit building inspectors gave the wrong answer and said that there shouldn’t have been a grow there. Detroit building inspectors are digging in their heels, insisting that the grow at Viola Brands was illegal. In court, prosecutors argued that Viola Brands was licensed only to “sell” at the facility, and not to grow. “That’s absurd,” said medical marijuana defense attorney Michael Komorn in an interview with the Detroit News. “It’s a semantic issue because I would say everyone would understand that if they’ve been given permission to sell it, of course a medical marijuana caregivers center includes growing and cultivating marijuana.” Komorn’s question — as well as the many other questions of who might be liable to damages done to Viola Brands during the raid now appears headed to a courtroom. See Related Article Here See various news video 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. 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 Detroit Warehouse Marijuana Bust appeared first on Komorn Law. View the full article
  11. PLANET GREEN TREES Radio Blog Show About Today’s Medical Marijuana Topics THE BEST RESOURCE FOR EVERYTHING RELATED TO MICHIGAN MEDICAL MARIJUANA WITH YOUR HOST ATTORNEY MICHAEL KOMORN. EVERY THURSDAY EVENING FROM 8 -10 PM EASTERN TIME. August 2, 2018 July 26, 2018 97 PLAYS To see the list of available past episodes click the link below. Planet Green Trees-Past Shows 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. The post Planet Green Trees Radio Blog Show-180802 appeared first on Komorn Law. View the full article
  12. Is Facebook and Twitter Shadow Banning Marijuana Pages? Shadow banning Shadow banning is the act of blocking a user or their content from an online community such that the user does not realize that they have been banned. Thanks Wikipedia Anyhow… What’s up Facebook and Twitter. I hear you are trying to control what we read and see? Are you saying we have had too much to think…and you have to cut us off? Someone asked me to write a blog about Facebook and Twitter shadow banning. There have been a lot of reports out lately of you elite tech overlords “shadow banning” specific topics or groups of people like marijuana even including some Government pages. I have been reading and hearing about it and I just don’t really care about it at the moment. I don’t believe the news anymore and things on the internet and I don’t use Facebook or Twitter. Some would say that makes one socially inept and somewhat a criminal. I say GFY. Shadow banning, shunning, exiling, manipulation, agenda, propaganda whatever you want to call it. It’s been going on in some shape or form since the dawn of man…whoops…humans…whoops..people or whatever we are today. I am just going to post the article someone found and forwarded to me and give the writer all the credit. Because it’s Monday and I just don’t give a crap today to have to think about this and all the BS that is being spewed from so many orafices on the TV, radio, internet and office talk. I am taking the rest of the day off as a “mental health day” in a safe space without my tethering gadgets. In other words I will be relaxing in the pool – in the deep end – without my phone, tablet or laptop with friends. This is the article someone sent. probably because we are a criminal defense law firm that focuses on marijuana and medical marijuana charges in Michigan. Here’s the article… Is Facebook Shadow Banning Marijuana Pages, Including Government Ones? August 1, 2018 Chris Roberts Something’s up with Facebook and marijuana—again. Recently, pages with “marijuana” and “cannabis” in their names stopped appearing in search results. The pages are still active and can be found via direct links, but users without the URLs or bookmarks are out of luck, leading to questions about whether the social network is “shadow banning” the pages. Facebook has yet to offer an explanation for this snafu, which is, for example, affecting the page for the California Bureau of Cannabis Control, the official government agency that regulates the state’s multi billion-dollar industry, as well as cannabis-focused media outlets like Marijuana Moment and Marijuana Business Daily and nonprofit advocacy groups like the Marijuana Policy Project. Wow. Facebook is shadow-banning @BCCinfo_dca, the California state agency regulating cannabis, putting it on the same level as InfoWars. pic.twitter.com/rFipqeWSSa — Sylvia Chi, Esq. (@sylviachiesq) July 31, 2018 A “shadow ban” is the term used for when a user’s web resource–a social-media page or a web-forum post–isn’t deleted or blocked, but is only visible to the individual user. bureau-of-cannabis-control bureau-of-cannabis-control 2 Since 2014, when legal marijuana marketplaces opened up in Washington and Colorado, all major social networks declared cannabis-related ads verboten. To this day, significant limitations remain. Advertisements for marijuana businesses or advocating cannabis use are regularly blocked on Facebook and other social-media websites—including Instagram, which is also a Facebook property—for violating community standards, which ban the sale of “illegal drugs.” Algorithms often block promotions for news articles or other noncommercial posts that merely mention “marijuana” or “cannabis,” a situation that often requires lengthy appeals processes to clear automatically flagged content that doesn’t actually violate terms of service. Last year, Twitter, which has more than 330 million active monthly users, briefly blocked all searches on its site for “marijuana.” But this may be the first time access to a government agency’s marijuana-related page has been interrupted in this way. In this case, the disruption is significant: Marijuana industry attorneys, entrepreneurs and businesspeople rely on BCC’s Facebook page for notices of upcoming meetings and for easy access to the latest iteration of the state’s lengthy and complication rules for the marijuana industry. BCC staff are aware of the issue and have contacted Facebook for an explanation, but have yet to receive one. “We have reached out to Facebook with no response so far,” BCC spokesman Alex Traverso said in an email to Marijuana Moment. “This is the first time something like this has happened. In fact, we’ve even done promoted posts on Facebook before without any issue.” Reached via email, a spokesperson for Facebook asked for more information about the situation. After it was provided, the spokesperson did not respond to further requests for comment. “It’s clear that something’s happened,” said Sylvia Chi, an Oakland, California-based attorney with clients in the marijuana space. “But it’s not clear what.” It’s not just BCC; this “shadowban” seems to work by not surfacing any page that has “cannabis” or “marijuana” in the title through Facebook’s search, EXCEPT on the Facebook app for iOS. Other affected pages include @NCIAorg@MarijuanaPolicy, @MarijuanaMoment, and @MJBizDaily. — Sylvia Chi, Esq. (@sylviachiesq) August 1, 2018 Users accessing Facebook via the iOS app have been able to find cannabis-related pages they already follow on the main search results tab, but tapping the “Pages” tab yields an empty result. Chi theorized that the snafu is a “bug” or glitch rather than a conscious choice to de-list or shadow ban marijuana pages. Facebook has in the past been criticized for inconsistent, incoherent and unrealistic community guidelines. Until 2016, users were able to conduct firearms transactions. And critics have faulted the social network for its inability to police hate speech, including posts and pages from white-supremacist organizations. “I think their community standards around marijuana are problematic,” said Chi, who noted Facebook had earlier this year updated its guidelines to prohibit minors from seeing advertisements of gun accessories. “It seems like they could do the same thing for marijuana, but just don’t want to.” You’re welcome for the BLs Here are some more articles on the internet. Google News Search on Shadow Banning…Unless they shadow banned your search. Thought Crime-The Future Reddit Forum-3 Years ago – 2018 is late to the party The post Is Facebook and Twitter Shadow Banning Marijuana Pages appeared first on Komorn Law. View the full article
  13. According to some cannabis attorneys patients and caregivers as well as cultivators in Michigan can’t process their plants without breaking the law as a result of a Court of Appeals decision. During the drying process between when a marijuana plant is harvested and completely dried for use (AKA -wet marijuana), that time is not covered by the state law, according to a Michigan Court of Appeals decision ruling on July 19, 2018. The appeals court case — People v. Vanessa Mansour — arises from a police raid at Mansour’s Troy home. There they found marijuana plants and marijuana buds in different stages of wet and drying. They also found dried marijuana buds. Mansour was a medical marijuana patient at the time. Mansour’s defense argued that the marijuana that was drying was not usable and therefore qualified her for immunity under state law. They argued the drying marijuana should not be considered as authorities made up their charges. “To say that the legislature makes it legal to possess growing plants and to possess a limited amount of finished product — but that in between, everybody is just illegal — that’s the interpretation that the Court of Appeals has hoisted on everybody,” Neil Rockind said. The Carruthers ruling is outdated and not relevant, Rockind said. Court’s interpretation of § 4 of the MMMA in People v Carruthers, 301 Mich App 590, 609; 837 NW2d 16 (2013), was controlling, and that the holding of Carruthers required the trial court to consider the total amount of marijuana possessed by defendant, not just the total amount of usable marijuana. Rockind said it conflicts with state law and with People vs. Manuel, which the Court of Appeals previously decided. The Michigan Supreme Court has already had to refer a medical marijuana case back to the Court of Appeals due to the Manuel ruling, Rockind said. In Manuel, the defendant was “both a qualifying patient and a primary caregiver for five patients, so he was allowed . . . to possess up to 15 ounces, or approximately 425.24 grams, of usable marijuana under the MMMA.” Manuel, 319 Mich App at 300. The marijuana he possessed was well in excess of that amount, however. The trial court held that “the marijuana . . . was unusable because it was in ‘various stages of drying.’ ” Id. at 122. It therefore ruled “that the defendant was entitled to § 4 immunity and dismissed the charges against him.” But the COA referred to the second prong of Carruthers analysis stating. Importantly, however, neither the prosecution nor the defendant in Manuel cited to Carruthers. Nor, perhaps largely for that reason, did this Court in Manuel cite to Carruthers. And, consequently, neither the parties nor this Court in Manuel ever reached the second prong of the Carruthers analysis: In short, the question of whether a possessor of marijuana possesses an allowed quantity of usable marijuana is only the beginning of the relevant inquiry under 4. A further pertinent and necessary inquiry, for purposes of a § 4 analysis, is whether that person possesses any quantity of marijuana that does not constitute usable marijuana under the term-of-art definition of the MMMA. If so, and without regard to the quantity of usable marijuana possessed, the person then does not possess “an amount of marihuana that does not exceed . . . 2.5 ounces of usable marihuana . . . .” MCL 333.26424 (a) and (b)(1) (emphasis added). Instead, he or she then possesses an amount of marijuana that is in excess of the permitted amount of usable marijuana. In other words, the language establishing limited immunity in § 4 of the MMMA expressly conditions that immunity on the person possessing no amount of marijuana that does not qualify as usable marijuana under the applicable definitions. Carruthers, 301 Mich App at 610. Rockind said he plans to take the case to the Michigan Supreme Court. Michigan voters will soon be asked to consider a ballot proposal Nov. 8, 2018 that would make recreational marijuana legal in the state. Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry. Contact Us For More Information. 800-656-3557 The post Court of Appeals Opinion-Wet Marijuana Not Protected By MMMA appeared first on Komorn Law. View the full article
  14. July 31, 2018 A Judge dismissed felony charges against six people arrested in a raid of a Detroit medical marijuana grow facility. 2 months ago, the authorities raided what they believed was an illegal marijuana grow operation in Detroit. But an attorney in the marijuana business now says all the charges have been dropped. FOX 2 TV Report All charges against Curtis Williams, 36; Cotea Jeanne Walsh, 37; Jones, 53; Travis Davison, 27; Jabari Currie, 31; and James Frazier, 32, of Detroit, were dismissed following a raid in the city of Detroit on May 29, 2018. “We knew that it had to go this way. Fundamental fair play, you come to expect that to a certain degree,” says lawyer Thomas Lavigne. He represents Viola Brands, the cannabis company operating in southwest Detroit that police and federal agents raided back in May. The Wayne County Prosecutor’s Office says the court held that the defendants, Viola Employees, operated in good faith in complying with the law and the number of plants they could have inside the building, and it was on the City of Detroit to inform them about what was required – and it failed to do so. But a defense attorney says Viola had less than the maximum of 1,500 plants in the building and all of its affairs, from its temporary state license to its certificate of occupancy, were in order. SEE TEMPORARY PROVISIONING CENTER LIST HERE Judge Kenneth King of 36th District Court dismissed the case “in the interest of fairness.” Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry. Contact Us For More Information. 800-656-3557 The post Judge Dismisses Felony Charges Against Marijuana Grow Facility in Detroit appeared first on Komorn Law. View the full article
  15. July 31, 2018 -A Detroit Judge dismissed felony charges against six people arrested in a raid of a Detroit medical marijuana grow facility. All charges against Curtis Williams, 36; Cotea Jeanne Walsh, 37; Jones, 53; Travis Davison, 27; Jabari Currie, 31; and James Frazier, 32, of Detroit, were dismissed following a raid in the city of Detroit on May 29, 2018. Charges included felony drug delivery and manufacturing charges, both carrying up to 15 years in prison. Prosecutors argued that the facility on the 4400 block of West Jefferson Avenue was not licensed to grow marijuana. (Photo: Detroit Police Department) The Detroit Police Department’s Gang Intelligence Unit executed a search warrant at the medical marijuana facility and seized 200 marijuana plants, about $1 million worth, authorities said. “Over 1,000” plants were found in the raid, according to the Wayne County prosecutor’s office. (Note: 1000 or 200 plants or whatever) Officers seized marijuana and held employees at gunpoint during the May 29 raid, according to Harrington and his partners in the Denver-based marijuana company Viola Brands. All cannabis at the site was taken, the business’ accounts were frozen and employees’ vehicles were seized, according to the company. A defense attorney in the case, Michael Komorn, said the facility was granted a temporary operation’s certification from the city, allowing up to 1,500 plants while the facility waited for the filing process to be approved by the city. Komorn said the Wayne County Prosecutor’s Office made the argument that the facility only was allowed to sell, and not grow, at the facility. “That’s absurd,” Komorn said. “It’s a semantic issue because I would say everyone would understand that if they’ve been given permission to sell it, of course a medical marijuana caregivers center includes growing and cultivating marijuana.” The grow op’s certificate of occupancy from the city stated the intent for a greenhouse at the site, and the operation holds a temporary Class C license under Michigan’s Medical Marihuana Facilities Licensing Act allowing up to 1,500 plants, said 36th District Court Judge Kenneth King. Judge Kenneth King of 36th District Court dismissed the case “in the interest of fairness.” “In the interest of fairness and in the spirit of always trying to do the right thing, this court is left with no other choice but to dismiss this matter,” the judge said. King said he stayed up until 3:30 a.m. reading briefs in the case and sorting out the web of acronyms tied to Michigan’s medical marijuana law and the “seed-to-sale” tracking and tax, regulation and licensing system for marijuana growers and dispensaries that took effect late last year. “That kind of leads me to the burning question: if you’re able to dispense but you can’t grow it, how are you supposed to get it? Where are you supposed to get it from?” “I don’t believe the police had any malintent. The police are doing their job,” King said. “I think the real blame lies on the documents that were submitted and someone didn’t pay close attention to what the defendants were asking for.” Komorn said King understood his argument, and said the judge responded: “That kind of leads me to the burning question: ‘If you’re able to dispense but you can’t grow it, how are you supposed to get it? Where are you supposed to get it from?’ ” The case had been set for a preliminary exam Tuesday. King said he expected his ruling to be appealed regardless of whether it favored the prosecution or defense. Here is a statement from the Wayne County Prosecutor’s Office: “I have confirmed that the court granted the defense motion to dismiss the case. However, I don’t have a written opinion. “It is my understanding that the court held that the defendants operated in good faith regarding all the provisions of the law that they knew about the class C license (1500 plants) for a grow operation. The duty was on the city of Detroit to inform them about what was required and they failed to do so.” All charges were dismissed Tuesday July 31, 2018. Also…Michigan voters will decide on a ballot question Nov. 6 that would legalize and tax recreational marijuana for users 21 and older. Medical marijuana was legalized in Michigan via a ballot proposal in 2008. Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry. Contact Us For More Information. 800-656-3557 The post Detroit Judge Dismissed Felony Charges Against Medical Marijuana Grow Facility appeared first on Komorn Law. View the full article
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