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  1. March 11, 2019 – The Department of Licensing and Regulatory Affairs (LARA) has approved adding Cerebral Palsy to the list of debilitating medical conditions set forth in the Michigan Medical Marihuana Act of 2008. Cerebral Palsy was approved by LARA after the Medical Marihuana Review Panel members unanimously recommended approval. LARA also denied the condition of Chronic Aggressive Behavior after panel members unanimously recommended denial. The Medical Marihuana Review Panel made their recommendations to the department after receiving citizen comments in February related to the petitions to add these conditions to the list of debilitating medical conditions identified in the Michigan Medical Marihuana Act (MCL 333.26423). The approval or denial of the petitions by the department are considered final department actions. Effective immediately, Cerebral Palsy is now added to the following current list of debilitating medical conditions already approved for medical marijuana in Michigan: Acquired Immune Deficiency Syndrome Agitation of Alzheimer’s disease Amyotrophic Lateral Sclerosis Arthritis Autism Cancer Chronic Pain Colitis Crohn’s Disease Glaucoma Hepatitis C Inflammatory Bowel Disease Nail Patella Obsessive Compulsive Disorder Parkinson’s Disease Positive status for Human Immunodeficiency Virus Post-Traumatic Stress Disorder Rheumatoid Arthritis Spinal Cord Injury Tourette’s Syndrome Ulcerative Colitis A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: Cachexia or Wasting Syndrome Severe and Chronic Pain Severe Nausea Seizures, including but not limited to those characteristic of epilepsy Severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis ← Medical Marihuana Facilities Licensing Act (MMFLA)-8.8 Immunity and Protected Activities The post Cerebral Palsy approved as Condition for Medical Marijuana Patients appeared first on Komorn Law. View the full article
  2. FOR IMMEDIATE RELEASE Monday, Feb. 25, 2019 LANSING – Citing weak cases and changing laws, Michigan Attorney General Dana Nessel will this week move to dismiss all the charges against four defendants in two of the three marijuana cases pending in the office’s Criminal Division, and will offer pleas to reduced charges to most of the remaining defendants in all three cases. “We are focusing all of our efforts and resources on the truly bad actors and those who have non-marijuana related charges,” said Nessel. “They will be held accountable and we will pursue them.” With that said, added Nessel, “Juries don’t want to convict people on charges concerning something that is now legal,” referring to Michigan’s recent change to legalize recreational marijuana. “The dismissals against some of the defendants in these cases also reflect that they either were not major players in these marijuana cases or that the evidence is simply insufficient to prove beyond a reasonable doubt that they committed the charged crimes” said Nessel. The Attorney General will be moving to dismiss all the charges against the following defendants in the following two cases: People v Mark Sochacki, Terra Sochacki, James Amsdill, Debra Amsdill, Amanda Amsdill – St. Clair County Circuit Court Mark Sochacki. Charged with felony delivery/manufacture of marijuana. Terra Sochacki. Charged with felony delivery/manufacture of marijuana. Amanda Amsdill. Charged with conducting a criminal enterprise. People v Landon Boggs, Tyler Stanley, Ronald Earley, William Stewart, Robert Bruton, Nichole Lathers, Mark Hanna, Daniel McCready and John Lougheed – Hillsdale County Circuit Court, Jackson County Circuit Court Noelle Lathers. Charged with 2 counts of felony delivery/manufacture of marijuana and 2 counts of felony conspiracy to deliver/manufacture marijuana. In the third case, People v Darryl Berry and Johnny Cooper, Genesee County Circuit Court and Livingston County Court (Berry only), there will be no dismissals at this time, but there may be an offer to allow a plea to reduced charges. The law enforcement agencies involved in each of the listed cases has already been contacted by the Attorney General regarding the office’s new position on the pending cases. The post MI Attorney General Drops Marijuana Charges Against Four Defendants appeared first on Komorn Law. View the full article
  3. Feb 28, 2019 – Charges have been dropped against a local man accused of illegally growing large quantities of marijuana. 45-year-old Anthony Portelli of Whitmore Lake, along with two other men, was charged almost four years ago with various counts of delivering and manufacturing marijuana. The case against the men has spanned years, with motions alleging various medical marijuana defenses being held in abeyance. At a status conference Thursday, prosecutors agreed to dismiss the case against Portelli and a motion to do so was granted by a Livingston County Circuit Court judge. In an email to WHMI Prosecutor Bill Vailliencourt stated, “In light of the legalization of recreational marijuana in Michigan, we determined that it was no longer an appropriate use of resources to proceed.” The charges against Portelli, Jeffrey Mote of South Lyon and Richard Lee Riley of Brighton were filed in 2015, following a police raid in 2013 at an alleged marijuana dispensary in Brighton Township and two other homes. Authorities had claimed that Portelli managed the dispensary, Riley grew the marijuana plants and Mote owned the homes where they were being grown. The case against Mote was dismissed in 2016 due to insufficient evidence, while Riley was sentenced that same year to six months of probation after pleading guilty to maintaining a drug house in exchange for the original charges being dismissed. (DK) The post Case Dismissed Against Man Charged With Growing Pot appeared first on Komorn Law. View the full article
  4. Last November the Michigan State Police wrapped up a year long pilot program in five Michigan counties to test the accuracy of a roadside drug test. In December lawmakers agreed to fund an expansion of the program based on its success. A fatal crash in the Upper Peninsula city of Gladstone in 2013 was the catalyst behind the drug testing pilot. A semi-truck driver was convicted on six-felony charges in connection with the crash, including two counts of operating a motor vehicle with the presence of a controlled substance causing death. According to MSP the number of drug-impaired fatal crashes has increased over the ten year period between 2007 and 2017 by 151%, up from 98 to 246. When his parents were killed in 2016, the couple’s son contacted his legislator who got the ball rolling on legislation to curb drugged driving. Senator Thomas Casperson introduced a pair of bills to combat the problem and come up with a solution to roadside testing. Public Act 242 and 243 of 2016 became known as the Barbara J. and Thomas J. Swift Law, and police started looking at test instruments. Members of MSP, prosecuting attorneys, toxicologists and forensic experts got together, forming the Oral Fluid Roadside Analysis Pilot Program Committee. Their report was recently released along with the recommendation to expand the pilot state-wide for at least a year. The oral fluid roadside test is the Alere DDS2, which detects six different drugs, including a component of cannabis known as Delta 9 THC. It also tests for the presence of amphetamine, cocaine, methamphetamine, opiates and benzodiazepines. Program director, F/Lt. Jim Flegel said an independent laboratory as well as the MSP Forensic Lab tested the results, and across the board they proved accurate. In all 92 people were tested and 89 were arrested. According to the report 83 people tested positive for substances; and over 80% of those who tested positive for cannabis. As a result of the five-county pilot, MSP plans to continue working on the accuracy of the equipment, which it hopes will support permanent changes to the Motor Vehicle Code. MSP is also training more officers across the state as Drug Recognition Experts (DRE) who can spot impaired drivers and test them at the roadside. A date to start the yearlong pilot program has not been set, but is expected to be sometime within 2019. Media + Blog Planet Green Trees Podcast Komorn Law In The News Media Michigan State Police to expand roadside drug testing pilot Feb 21, 2019 Last November the Michigan State Police wrapped up a year long pilot program in five Michigan counties to test the accuracy of a roadside drug test. In December lawmakers agreed to fund an expansion of the program based on its success. A fatal crash in the Upper... Supreme Court Puts Limits on Police Power to Seize Private Property Feb 20, 2019 WASHINGTON — Siding with a small-time drug offender in Indiana whose $42,000 Land Rover was seized by law enforcement officials, the Supreme Court on Wednesday ruled that the Constitution places limits on civil forfeiture laws that allow states and localities to take... Latest Videos From Komorn Law Feb 14, 2019 NEWS and POSSIBLY IMPORTANT STUFF Marijuana and the workplace questions Feb 14, 2019 A Connecticut man whose bid to become a firefighter in the state’s largest city was rejected because he uses medical marijuana has sued. Sued over job rejection due to medical marijuana Feb 14, 2019 A Connecticut man whose bid to become a firefighter in the state’s largest city was rejected because he uses medical marijuana has sued. Do pot and heroin have anything in common? Feb 7, 2019 February 4th, 2019 What do pot and heroin have in common? Nothing, says poet John Sinclair — which is why he is suing John Sinclair is famous for many things. He’s a poet, civil rights activist and, certainly not least, one of Michigan’s leading potheads. His... Opioid Alternative Pilot Program in Illinois Feb 7, 2019 The Opioid Alternative Pilot Program launched Jan. 31, with registration open through the Illinois Department of Public Health, or IDPH. The pilot program is part of the Alternative to Opioids Act, which former Gov. Bruce Rauner signed into law in August 2018, with... LARA – BMR News Releases Feb 6, 2019 LARA - BMR Releases PUBLIC HEALTH AND SAFETY Nine Marijuana Products Recalled from Elite Wellness in Vassar LARA Updates Marijuana Guidelines for Active Ingredients, Safety Tests, and Remediation Protocols Thirteen Marijuana Products Recalled from The Patient Station... Michigan “The Voice” finalist Laith Al-Saadi sentenced on drug charge. Feb 5, 2019 Monday, February 4th 2019 OTSEGO COUNTY, Mich., A Michigan musician who was a finalist on "The Voice" has been sentenced to 1 year probation. Laith Al-Saadi plead no contest to one count of possession of a controlled substance. Two other drug charges were dropped with... « Older Entries The post Michigan State Police to expand roadside drug testing pilot appeared first on Komorn Law. View the full article
  5. WASHINGTON — Siding with a small-time drug offender in Indiana whose $42,000 Land Rover was seized by law enforcement officials, the Supreme Court on Wednesday ruled that the Constitution places limits on civil forfeiture laws that allow states and localities to take and keep private property used to commit crimes. Civil forfeiture is a popular way to raise revenue, and its use has been the subject of widespread criticism across the political spectrum. The SCOTUS has ruled that the Eighth Amendment, which bars “excessive fines,” limits the ability of the federal government to seize property. On Wednesday, the court ruled that the clause also applies to the states. Previously, the Supreme Court had not really addressed that question. It had addressed the status of the Excessive Fines Clause, but only in the context of the federal government. The court had, however, previously ruled that most protections under the Bill of Rights apply to the states — or were incorporated against them, in the legal jargon — under the 14th Amendment. Justice Ruth Bader Ginsburg, writing for eight justices, said the question was an easy one. “The historical and logical case for concluding that the 14th Amendment incorporates the Excessive Fines Clause is overwhelming,” she wrote. “For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history: Exorbitant tolls undermine other constitutional liberties,” she wrote. “Excessive fines can be used, for example, to retaliate against or chill the speech of political enemies.” Supreme Court Puts Limits on Police Power to Seize Private Property Latest Videos From Komorn Law Marijuana and the workplace questions Sued over job rejection due to medical marijuana Do pot and heroin have anything in common? The post Supreme Court Puts Limits on Police Power to Seize Private Property appeared first on Komorn Law. View the full article
  6. NEWS and POSSIBLY IMPORTANT STUFF THE HEMP INDUSTRY IS LITERALLY GROWING – Komorn Law is focused on cannabis and hemp industry services both in the legal arena and the investment groups. Join the growing Michigan Hemp Industries membership and be informed with local meetings and conventions. THE HEMP INDUSTRY IS LITERALLY GROWING – Call Komorn Law to be a part of it.The Michigan Medical Marijuana Association Just one of the ways The Michigan Medical Marijuana Association has been at work for the cannabis community. Leading the way for decades. Read through the forums present and historical of the discussions during the struggles for legalization and the fight for medical marijuana patients and caregivers Cannabis advocates sue state to deschedule marijuana 1-24-2019 . The Michigan Medical Marijuana Association has been in the struggle for the cannabis community for decades. https://www.mlive.com/news/2019/01/cannabis-advocates-sue-to-remove-marijuana-from-controlled-substances-list-in-michigan.html https://www.michiganmedicalmarijuana.org/topic/53369-cannabis-advocates-want-to-remove-marijuana-from-controlled-substances-list/ Double Take The next two videos contradict which goes to show how one can be entangled in the fog of grayness in the marijuana system and should seek an attorney to protect their rights. Bob Hendricks says patients are not allowed to gift MJ Komorn Law Case Michigan “The Voice” finalist Laith Al-Saadi sentenced on drug charge. Just what it says Just what it saysLords of the Land Landlords have rights in the new MRTMA Legalization law of Michigan Latest Posts Visit The Komorn Law – You Tube Channel for More Videos Latest Videos From Komorn Law Marijuana and the workplace questions Sued over job rejection due to medical marijuana Do pot and heroin have anything in common? Opioid Alternative Pilot Program in Illinois The post Latest Videos From Komorn Law appeared first on Komorn Law. View the full article
  7. TROY — A majority of Michigan voters approved the legalization of recreational marijuana for those ages 21 and older, but what will that mean in the workplace? The proposal allows people 21 or older to purchase, possess and use marijuana and marijuana-infused edibles, and to grow up to 12 marijuana plants for personal consumption. Regulations and licensing for retailers should be in place to allow for the purchase of pot for recreational use by the end of this year. James E. Baiers — the chief legal officer of the Troy-based Trion Solutions Inc., which manages the human resources administration for approximately 150 small- to midsize businesses in Michigan and 450 companies across the United States — spoke with Trion COO Craig Vanderburg on issues facing employers and employees at a program hosted by the Auburn Hills Chamber of Commerce Feb. 7. Baiers said he planned to talk about the steps that businesses should take to revise company policies regarding drug and alcohol testing if the owner, occupier or manager of the property wishes to prohibit the use or consumption of marijuana. Driving under the influence of pot, and consuming it or using it on public and some private property — including hotels, businesses and office buildings — remain illegal. Baiers explained that employee testing is threefold: pre-employment testing; reasonable suspicion testing if behavior or other signs indicate that someone may be under the influence, if that’s in the company policy; and random drug testing. Denied Employment Because of Medical Marijuana Use? Contact Komorn Law… CALL 800-656-3557 and Protect Your Rights In the latter case, companies need to institute policies to ensure that testing is uniformly enforced — “truly random” and not used selectively or to discriminate against someone, Baiers said. “One of the issues, unlike alcohol, is that a positive result will not necessarily reveal if someone is under THC (tetrahydrocannabinol, the active ingredient in marijuana) influence at the time,” Baiers said. He noted that marijuana could have been ingested or consumed two or three days prior and still show up in a urinalysis, even though the person would no longer be under the influence. “With marijuana, we don’t have such a (definitive) test at this point,” he said. See the rest of the article here Marijuana and the workplace questions Sued over job rejection due to medical marijuana Do pot and heroin have anything in common? Opioid Alternative Pilot Program in Illinois LARA – BMR News Releases The post Marijuana and the workplace questions appeared first on Komorn Law. View the full article
  8. Man sues over job rejection due to medical marijuana. A Connecticut man whose bid to become a firefighter in the state’s largest city was rejected because he uses medical marijuana has sued. Denied Employment Because of Medical Marijuana Use? Contact Komorn Law… 800-656-3557 and Protect Your Rights The Connecticut Post reports that James Bulerin III says in his lawsuit that he passed all eligibility requirements to become a Bridgeport firefighter, but he was denied after he tested positive for marijuana. His lawyer, Thomas Bucci, says Bulerin has a medical marijuana card, and his client’s undisclosed condition does not affect his ability to serve as a firefighter. Bucci says as long as he’s not using pot during work hours, his client cannot be denied the employment opportunity under state law. Sued over job rejection due to medical marijuana Do pot and heroin have anything in common? Opioid Alternative Pilot Program in Illinois LARA – BMR News Releases Michigan “The Voice” finalist Laith Al-Saadi sentenced on drug charge. The post Sued over job rejection due to medical marijuana appeared first on Komorn Law. View the full article
  9. February 4th, 2019 OTSEGO COUNTY, MICHIGAN: A musician who was a finalist on “The Voice” has been sentenced to 1 year probation. Laith Al-Saadi plead no contest to one count of possession of a controlled substance. The charges came from a traffic stop in February 2017 when Al-Saadi was pulled over by Michigan State Police for an expired license plate. According to the trooper, there was a strong smell of marijuana coming from the vehicle. “I fully recognize that it was stupid, and I have attempted to use this to better my life in the best way possible,” said Laith Al-Saadi at sentencing. Honorable George J. Mertz of the 46th Circuit Court said he took multiple things into consideration during sentencing, including the fact that Al-Saadi is 41 years old and does not have a criminal record. “My point is that I don’t think that you are using these things recreationally, and that makes a difference to me in sentencing,” said Judge Mertz. “You do have a very successful career and from what I’ve read you’ve used that in ways to help the community which I think is important, and I think it’s important you continue to be able to do that.” Although the case has had an impact on Al-Saadi’s career, his attorney says they are satisfied with the sentencing. “This a situation where he [Al-Saadi] had a previous prescription for the narcotic that he was found with, and it had lapsed, as that sometimes happens,” said Attorney Michael Komorn. “Also, I think it’s important that the court recognized that he is under a doctor’s care, and most remarkable I think is that the court agreed with us that he does not have a controlled substance problem.” Charged with a DUI or Drugged Driving? Contact Komorn Law… 800-656-3557 While on probation Al-Saadi will be allowed to travel in and out of the state, as well as the country, if it is for work purposes. LAITH AL-SAADI His next performance in northern Michigan is a charity concert to support mental health will be held at the Traverse City Opera House on February 15th at 7:30 p.m. ‘Cure for the Winter Blues‘ Visit Laith Al-Saadi website For more information Finalist on “The Voice” sentenced to 1 year probation. Opioid Alternative Pilot Program in Illinois Michigan “The Voice” finalist Laith Al-Saadi sentenced on drug charge. Chronic pain drives patients to use medical marijuana study states The Michigan Supreme Court, Local Control and Medical Marijuana The post Finalist on “The Voice” sentenced to 1 year probation. appeared first on Komorn Law. View the full article
  10. The Opioid Alternative Pilot Program launched Jan. 31, with registration open through the Illinois Department of Public Health, or IDPH. The pilot program is part of the Alternative to Opioids Act, which former Gov. Bruce Rauner signed into law in August 2018, with the aim of combating the opioid epidemic. The pilot program will allow patients that receive or are qualified to receive opioid prescriptions access to medical marijuana as an alternative to prescription opioid medications such as OxyContin, Percocet and Vicodin. The pilot program comes amid a nationwide epidemic of fatal opioid-related drug overdoses. Of the 70,200 drug overdose deaths that occurred nationwide in 2017, opioids caused 47,600, according to the National Institute on Drug Abuse. There were six times more opioid deaths that year than in 1999. Serious about getting a license to operate a Cannabis Business? PROTECT YOURSELF – DO IT THE LEGAL WAY FROM THE START Contact Komorn Law… 800-656-3557 Opioid-related overdose deaths in Illinois increased to 15.3 per 100,000 persons in 2016 from 3.9 per 100,000 persons in 1999. The Alternative to Opioids Act also lifted restrictions included in Illinois’ original medical marijuana law, the Compassionate Use of Medical Cannabis Pilot Program Act, which took effect January 2014. That law required providers to fingerprint and perform criminal background checks on all applicants. In fiscal year 2017, IDPH denied 635 qualifying patients, some solely on the basis of failed background checks. The Alternative to Opioids Act eliminated the fingerprint and background check requirements. “There is not a singular answer to the [opioid] crisis … it’s a piece of an answer,” state Rep. Kelly Cassidy, D-Chicago, chief co-sponsor of the bill. “But the minute we passed this bill, New York state introduced a version of it. We were the first in the country to contemplate short-term access as a way to prevent addiction.” Recent Posts Opioid Alternative Pilot Program in Illinois Michigan “The Voice” finalist Laith Al-Saadi sentenced on drug charge. Chronic pain drives patients to use medical marijuana study states The Michigan Supreme Court, Local Control and Medical Marijuana RECALL-Michigan faced with health risks from tainted medical marijuana “everyone’s journalist nowadays” The post Opioid Alternative Pilot Program in Illinois appeared first on Komorn Law. View the full article
  11. Monday, February 4th 2019 OTSEGO COUNTY, Mich., A Michigan musician who was a finalist on “The Voice” has been sentenced to 1 year probation. Laith Al-Saadi plead no contest to one count of possession of a controlled substance. Two other drug charges were dropped with the plea deal The charges came from a traffic stop in February 2017 when Al-Saadi was pulled over by Michigan State Police for an expired license plate. According to the trooper, there was a strong smell of marijuana coming from the vehicle. The prosecutor said the troopers then searched the vehicle and found a backpack that contained marijuana, as well as other drugs including hydrocodone. “I fully recognize that it was stupid, and I have attempted to use this to better my life in the best way possible,” said Laith Al-Saadi at sentencing. Honorable George J. Mertz of the 46th Circuit Court said he took multiple things into consideration during sentencing, including the fact that Al-Saadi is 41 years old and does not have a criminal record. “My point is that I don’t think that you are using these things recreationally, and that makes a difference to me in sentencing,” said Judge Mertz. “You do have a very successful career and from what I’ve read you’ve used that in ways to help the community which I think is important, and I think it’s important you continue to be able to do that.” Although the case has had an impact on Al-Saadi’s career, his attorney says they are satisfied with the sentencing. “This a situation where he [Al-Saadi] had a previous prescription for the narcotic that he was found with, and it had lapsed, as that sometimes happens,” said Attorney Michael Komorn. “Also, I think it’s important that the court recognized that he is under a doctor’s care, and most remarkable I think is that the court agreed with us that he does not have a controlled substance problem.” Charged with a DUI or Drugged Driving? Contact Komorn Law… 800-656-3557 While on probation Al-Saadi will be allowed to travel in and out of the state, as well as the country, if it is for work purposes. LAITH AL-SAADI His next performance in northern Michigan is a charity concert to support mental health will be held at the Traverse City Opera House on February 15th at 7:30 p.m. ‘Cure for the Winter Blues‘ Visit Laith Al-Saadi website For more information “the best show of musicianship I’ve ever seen on The Voice.” — Adam Levine https://laithalsaadi.com/ Michigan “The Voice” finalist Laith Al-Saadi sentenced on drug charge. Chronic pain drives patients to use medical marijuana study states The Michigan Supreme Court, Local Control and Medical Marijuana RECALL-Michigan faced with health risks from tainted medical marijuana Oakland County gets its ‘first licensed marijuana dispensary’ The post Michigan “The Voice” finalist Laith Al-Saadi sentenced on drug charge. appeared first on Komorn Law. View the full article
  12. New study seeks to understand whether people are using cannabis for evidence-based reasons Date: February 4, 2019 Source: Michigan Medicine – University of Michigan Summary: A new study seeks to understand whether people are using medical cannabis for evidence-based reasons. Slowly but surely, the stigma surrounding marijuana use is losing its grip in the U.S. Since the 1990s, advocates have pushed for a re-evaluation of cannabis (the plant species name often used interchangeably with marijuana) as a viable treatment for a host of ailments. As of 2018, 33 states and the District of Columbia have approved the medical use of cannabis, while 10 states have legalized marijuana for recreational use. Despite this fact, at the federal level, marijuana remains a Schedule 1 drug under the Controlled Substances Act, defined as a drug with no currently accepted medical use and a high potential for abuse. New research from the University of Michigan, published in the February issue of Health Affairs, takes a deeper dive into state medical marijuana registry data to provide more insight into its use. Hmm…what data? “We did this study because we wanted to understand the reasons why people are using cannabis medically, and whether those reasons for use are evidence based,” says lead author Kevin Boehnke, Ph.D., research investigator in the department of anesthesiology and the Chronic Pain and Fatigue Research Center. He and his U-M colleagues Daniel J. Clauw, M.D., a professor of anesthesiology, medicine, and psychiatry and Rebecca L. Haffajee, Ph.D., assistant professor of health management and policy, as well as U-M alum Saurav Gangopadhyay, M.P.H., a consultant at Deloitte, sought out data from states with legalized medical use of marijuana. To examine patterns of use, the researchers grouped patient-reported qualifying conditions (i.e. the illnesses/medical conditions that allowed a patient to obtain a license) into evidence categories pulled from a recent National Academies of Sciences, Engineering and Medicine report on cannabis and cannabinoids. The report, published in 2017, is a comprehensive review of 10,000 scientific abstracts on the health effects of medical and recreational cannabis use. According to the report, there was conclusive or substantial evidence that chronic pain, nausea and vomiting due to chemotherapy, and multiple sclerosis (MS) spasticity symptoms were improved as a result of cannabis treatment. Serious about getting a license to operate a Cannabis Business? PROTECT YOURSELF – DO IT THE LEGAL WAY FROM THE START Contact Komorn Law… 800-656-3557 Evidence-based relief One major finding of the Health Affairs paper was the variability of available data. Less than half of the states had data on patient-reported qualifying conditions and only 20 reported data on the number of registered patients. The authors also noted that the number of licensed medical users, with 641,176 registered medical cannabis patients in 2016 and 813,917 in 2017, was likely far lower than the actual number of users. However, with the available data, they found that the number of medical cannabis patients rose dramatically over time and that the vast majority — 85.5 percent — of medical cannabis license holders indicated that they were seeking treatment for an evidence-based condition, with chronic pain accounting for 62.2 percent of all patient-reported qualifying conditions. “This finding is consistent with the prevalence of chronic pain, which affects an estimated 100 million Americans,” the authors state. This research provides support for legitimate evidence-based use of cannabis that is at direct odds with its current drug schedule status, notes Boehnke. This is especially important as more people look for safer pain management alternatives in light of the current opioid epidemic. Notes Boehnke, “Since the majority of states in the U.S. have legalized medical cannabis, we should consider how best to adequately regulate cannabis and safely incorporate cannabis into medical practice.” BUT WAIT…WHAT’S THIS ??? A CONTRADICTION Major study finds ‘no evidence’ that cannabis relieves chronic pain Go Here and Read it. Medical News Today Recent Posts Chronic pain drives patients to use medical marijuana study states The Michigan Supreme Court, Local Control and Medical Marijuana RECALL-Michigan faced with health risks from tainted medical marijuana Oakland County gets its ‘first licensed marijuana dispensary’ The Weekend in News Feb 1, 2019 thru Feb 3, 2019 “everyone’s journalist nowadays” The post Chronic pain drives patients to use medical marijuana study states appeared first on Komorn Law. View the full article
  13. Do cities and townships have the ability to restrict where caregivers grow medical marijuana? Over the course of the legalization of Medical and Recreational marijuana many have debated about whether control over dispensaries should be at the local or state level. Well the Michigan Supreme Court has decided to take that question on as it relates to the Medical Marijuana market. A 2016 event in Byron Township, which is located south of Grand Rapids. A medical marijuana caregiver as well as patient registered with the state as a medical marijuana commercial grower back in 2016. The township has zoning laws that restrict medical marijuana caregivers to use their homes for their grow operations and prohibits the use of commercial property. The township also requires caregivers to obtain a local permit. The Township then ordered the patient to stop all operations the same year. The medical marijuana grower then sued the Township. In July of 2018 when the Michigan Court of Appeals upheld a lower trial court’s decision that stated there is no provision in the Michigan Medical Marihuana Act that would allow a municipality to restrict where caregivers can grow medical marijuana. Serious about getting a license to operate a Cannabis Business? PROTECT YOURSELF – DO IT THE LEGAL WAY FROM THE START Contact Komorn Law… 800-656-3557 The Court of Appeals concluded: We conclude that the Michigan Medical Marihuana Act permits medical use of marijuana, particularly the cultivation of marijuana by registered caregivers, at locations regardless of land use zoning designations as long as the activity occurs within the statutorily specified enclosed, locked facility After that Court of Appeals ruling Byron Township, the Michigan Townships Association and the Michigan Municipal League appealed the ruling to our state Supreme Court. That is the status today. Lawyers for the Michigan Municipal League wrote in their amicus brief: The voters who approved the MMMA did not clearly intend to immunize medical marijuana patients and caregivers from all local land use laws, and the Court of Appeals’ finding of such immunity ignores both that lack of intent and the very concept of local home rule It makes a lot more sense to have people who are truly accountable to the public making the decisions This situation will certainly have an eye kept on it The Michigan Supreme Court, Local Control and Medical Marijuana RECALL-Michigan faced with health risks from tainted medical marijuana Oakland County gets its ‘first licensed marijuana dispensary’ The Weekend in News Feb 1, 2019 thru Feb 3, 2019 Judge makes an example of marijuana user who killed a motorcyclist The post The Michigan Supreme Court, Local Control and Medical Marijuana appeared first on Komorn Law. View the full article
  14. Reported in the The Detroit News Feb 4, 2019 The recalls of six batches of medical marijuana available on the state’s regulated market since January have prompted industry and health expert concerns about continuing to let caregivers grow and create pot products to meet a shortage in the licensed market. More than 50 pounds of medical marijuana product were recalled in January from provisioning centers in Detroit, Lansing, Jackson, Kalamazoo and Ypsilanti for issues such as chemical residue, E. coli, arsenic, cadmium and Salmonella. The majority of the 43 products failing the testing were caregiver grown, the state has said. Despite the recalls, the state Medical Marihuana Licensing Board approved a resolution in mid-January allowing licensed facilities to purchase medical marijuana from caregivers through March 31 in an effort to meet an industry shortage while newly licensed growers prepare their first harvests. The state’s testing of caregiver products sold at provisioning centers lasted two weeks, from early to mid-January. The potential for contaminated product to slip through the licensed system for lack of testing could pose a risk to patients, in particular those with compromised immune systems, said Jamie Alan, an assistant professor in Michigan State University’s Department of Pharmacology and Toxicology. “If it’s not tested, you don’t know what’s in it,” Alan said. “But the alternative is that they’re in pain. It’s probably a somewhat small risk, but you can’t guarantee that.” While licensed facilities want the state’s 350,000 patients to have access to medical marijuana, “we also want people to be able to know what they’re ingesting.” said Joe Neller of Green Peak Innovation in Dimondale, which grows marijuana. “There’s no way to know how contaminated that product that patients have been consuming has been.” Over the next two months, patients searching for medical marijuana from a licensed provisioning center can buy from a small supply of tested product or sign a release and purchase untested, caregiver-supplied marijuana, said David Harns, a spokesman for the state Department of Licensing and Regulatory Affairs. Patients also have the option of bringing their untested marijuana to a licensed safety compliance facility for testing, Harns said. “The products will not be required to have met state testing standards, so patients need to understand that fact and assume the potential risk that the products may present,” he said in a statement. The batches recalled in the past month largely consisted of marijuana flower, as well as other products such as marijuana concentrate, patches and tinctures. Marijuana flower can be used in a variety of ways; marijuana tinctures are consumed on their own or added to a food or beverage, while concentrate is usually inhaled as a vapor. ‘Selective enforcement’ As the grace period for untested product continues through March, licensed growers and processors will be required to continue testing their own product, giving caregivers and unlicensed sellers a market edge over licensed facilities. The resolution penalizes “certain licensed facilities by selective enforcement” and fails to provide patients access to safe medical marijuana, the Michigan Coalition of Independent Cannabis Testing Laboratories said in a statement. “Under this new ruling, Michigan’s most vulnerable patients are buying purported medical cannabis products that could legitimately harm them,” the group said in a statement. The coalition, made up of more than a dozen licensed testers, growers and processors, proposed the state instead test caregiver marijuana prior to sale and put restrictions on caregiver product based on failure rates for chemical residue, heavy metals and residual solvents. Because most users will be buying from regulated provisioning centers in the future, the Michigan Cannabis Industry Association is not overly concerned by the short-term use of untested product, said association spokesman Josh Hovey. Many caregivers had tested their product voluntarily prior to the state’s regulatory framework requiring as much for licensed facilities, Hovey noted. “This is especially true for those that were serving pediatric patients and patients with autoimmune deficiencies,” he said. While not ideal, the state’s decision to allow caregiver product to be used on the regulated market through March was the appropriate response to the shortage, said Jamie Lowell, a board member of MILegalize and representative for the medical marijuana group, Americans for Safe Access. “I agree that people should not be consuming things with contaminants in them, but just because a couple things showed up in this testing, you cannot label all caregiver product as being bad for consumers,” Lowell said. Caution urged amid recalls Medical marijuana batches in Lansing Jan. 11 tested above state limits for chemicals, such as the mite-killing insecticide Spiromesifin, Salmonella and E. coli. Some items tested at more than double the state limit for Spiromesifin, while others tested positive for Salmonella and E. coli, which the state has ruled should not be detected at all. Some kinds of E. coli can cause diarrhea, urinary tract infections, pneumonia and other illnesses, according to the Centers for Disease Control and Prevention. A Salmonella infection can result in diarrhea, fever, abdominal cramps and, in severe cases, hospitalization and death, according to federal health officials. The state contaminant limits for the marijuana products seem reasonable, especially given the historical context of a marijuana-linked Salmonella outbreak in the Midwest in the 1980s, MSU’s Alan said. “With the chemical it’s hard to say,” Alan said, noting there’s little research of the impact of Spiromesifen on humans. “With the bacteria, certainly if you’re immuno-compromised or have any serious illnesses, they pose a significant concern.” The infection risk to the immuno-compromised — a population likely to consume medical marijuana product — is a real concern when it comes to the continued use of untested product, said Dr. Preeti Malani, the University of Michigan’s chief health officer and a professor of medicine in the division of infectious diseases. A 2017 nationwide poll of people between the ages of 50 and 80 found 6 percent of those polled used medical marijuana and 31 percent said marijuana definitely provided pain relief. The survey, called the National Poll on Healthy Aging and conducted by a UM team Malani directed, should be a wake-up call to physicians, especially those dealing with immuno-compromised populations like the elderly, she said. Read More here at the Detroit News Recent Posts RECALL-Michigan faced with health risks from tainted medical marijuana Oakland County gets its ‘first licensed marijuana dispensary’ The Weekend in News Feb 1, 2019 thru Feb 3, 2019 Judge makes an example of marijuana user who killed a motorcyclist PLANET GREEN TREES INTERNET RADIO – LIVE BROADCAST The post RECALL-Michigan faced with health risks from tainted medical marijuana appeared first on Komorn Law. View the full article
  15. Reported in the Detroit Free Press Feb 1, 2019 As Michigan enters the new world of legal recreational cannabis, some long-time holdouts in law enforcement are expected to stand down. Although 63 percent of Michigan voters approved medical marijuana in 2008, Bouchard has been a leader, along with former Michigan Attorney General Bill Schutte, in quashing efforts in the decade since then to allow sales outlets for medical marijuana. That’s a one of the reasons why dozens of the outlets called dispensaries sprung up along the south side of Eight Mile Road in Detroit in Wayne County. Now, it looks like even Bouchard must yield to the tide of legal cannabis after Michigan voters in November legalized the recreational use of marijuana. On Friday, a shop billed as Oakland County’s “first licensed dispensary” opened in Walled Lake. Angie Roullier has muscular dystrophy and she said that “cannabis really changed my life” after she weaned herself from three decades of prescription drugs. The opening comes a decade after Bouchard ordered undercover officers from OAKNET — the Oakland County Narcotics Enforcement Team — to gather evidence prior to a police raid of what then-Ferndale Mayor Craig Covey said was the county’s first dispensary, called Clinical Relief. That shop had opened with the Ferndale City Council’s enthusiastic approval. But the ill-fated venture never reopened after OAKNET officers arrested more than two dozen people at the site. In Walled Lake, the City Council has been equally enthused about the opening of the Greenhouse on Pontiac Trail. And the new outlet’s CEO, Jerry Millen, said he doesn’t expect trouble from Sheriff Bouchard or the county’s narcotics investigators, after he paid $66,000 for a state license and gained full approval to open under the state’s new law. Read More Here THE REAL QUESTION: IS OAKLAND COUNTY READY? Recent Posts Oakland County gets its ‘first licensed marijuana dispensary’ The Weekend in News Feb 1, 2019 thru Feb 3, 2019 Judge makes an example of marijuana user who killed a motorcyclist PLANET GREEN TREES INTERNET RADIO – LIVE BROADCAST Are parents being wrongly accused by Child Abuse Pediatricians The post Oakland County gets its ‘first licensed marijuana dispensary’ appeared first on Komorn Law. View the full article
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