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  1. Knock knock… Whose there? It’s the Michigan State Police Marijuana and Tobacco Investigation Division The Marijuana and Tobacco Investigation Section has statewide responsibility for conducting administrative inspections of all retailers of tobacco products as well as all businesses licensed to grow, process, sell, transport, and test medical marijuana. In addition to administrative inspections, the section investigates criminal activity of individuals and businesses who are in violation of the state’s Tobacco Products Tax Act, Marijuana Facilities Licensing Act, and related laws. After a visit from the enforcers you should probably call us to mitigate your dilemma. Because … if it’s not something this time – it will be next time. Komorn Law – We are the top cannabis legal defense team in Michigan. Meet the Team Other Stuff MSP: illegal Saginaw County marijuana grow raid yields more than a thousand plantsMichigan State Police make major drug bust in Van Buren Township, finding 400 grams of cocaine and $30KMichigan State Police raid multiple black market weed shopsHandcuffed Man Pulls a Houdini Komorn Law Social Media Recent Posts Meet the Michigan State Police Marijuana Investigation Division Possession of Body Armor in Michigan MRA – Immature Plant Sales Approval Process (Clones) Governor Whitmer Signs Marijuana Legislation with More to Come Another Circuit Court Victory – Suppressed Evidence Leads to Dismissal Tag Cloud 2020 2021 autism BMMR cannabis CBD corona virus corruption. prosecutors covid-19 DEA detroit dispensary DUI expungement federal forfeiture ginnifer hency hemp komorn komornlaw lara LARA ALERTS LARA Bulletin LARA FAQ law enforcement abuse laws legal Legalization marijuana medical Medical Marijuana Michigan MMFLA MMMA MMMA Regulations MRA news police politics Recreational Cannabis science shattuck supreme court victory Vote DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. The post Meet the Michigan State Police Marijuana Investigation Division appeared first on Komorn Law. View the full article
  2. Recently we had a client who was also a medical marijuana patient (no firearms) who had an issue with being in possession of a “bulletproof” vest or as legally defined “Body armor” meaning clothing or a device designed or intended to protect an individual’s body or a portion of an individual’s body from injury caused by a firearm. Here is the law in The State of Michigan 750.227g Body armor; purchase, ownership, possession, or use by convicted felon; prohibition; issuance of written permission; violation as felony; definitions. (1) Except as otherwise provided in this section, a person who has been convicted of a violent felony shall not purchase, own, possess, or use body armor. (2) A person who has been convicted of a violent felony whose employment, livelihood, or safety is dependent on his or her ability to purchase, own, possess, or use body armor may petition the chief of police of the local unit of government in which he or she resides or, if he or she does not reside in a local unit of government that has a police department, the county sheriff, for written permission to purchase, own, possess, or use body armor under this section. (3) The chief of police of a local unit of government or the county sheriff may grant a person who properly petitions that chief of police or county sheriff under subsection (2) written permission to purchase, own, possess, or use body armor as provided in this section if the chief of police or county sheriff determines that both of the following circumstances exist: (a) The petitioner is likely to use body armor in a safe and lawful manner. (b) The petitioner has reasonable need for the protection provided by body armor. (4) In making the determination required under subsection (3), the chief of police or county sheriff shall consider all of the following: (a) The petitioner’s continued employment. (b) The interests of justice. (c) Other circumstances justifying issuance of written permission to purchase, own, possess, or use body armor. (5) The chief of police or county sheriff may restrict written permission issued to a petitioner under this section in any manner determined appropriate by that chief of police or county sheriff. If permission is restricted, the chief of police or county sheriff shall state the restrictions in the permission document. (6) It is the intent of the legislature that chiefs of police and county sheriffs exercise broad discretion in determining whether to issue written permission to purchase, own, possess, or use body armor under this section. However, nothing in this section requires a chief of police or county sheriff to issue written permission to any particular petitioner. The issuance of written permission to purchase, own, possess, or use body armor under this section does not relieve any person or entity from criminal liability that might otherwise be imposed. (7) A person who receives written permission from a chief of police or county sheriff to purchase, own, possess, or use body armor shall have that written permission in his or her possession when he or she is purchasing, owning, possessing, or using body armor. (8) A law enforcement agency may issue body armor to a person who is in custody or who is a witness to a crime for his or her own protection without a petition being previously filed under subsection (2). If the law enforcement agency issues body armor to the person under this subsection, the law enforcement agency shall document the reasons for issuing body armor and retain a copy of that document as an official record. The law enforcement agency shall also issue written permission to the person to possess and use body armor under this section. (9) A person who violates this section is guilty of a crime as follows: (a) For a violation of subsection (1), the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both. (b) For a violation of subsection (7), the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both. (10) As used in this section: (a) “Body armor” means that term as defined in section 227f. (b) “Violent felony” means that term as defined in section 36 of 1953 PA 232, MCL 791.236. Statute – THE MICHIGAN PENAL CODE (750.1 – 750.568) Section 750.227gHistory: Add. 2000, Act 224, Eff. Oct. 1, 2000 750.227f Committing or attempting to commit crime involving violent act or threat of violent act against another person while wearing body armor as felony; penalty; consecutive term of imprisonment; exception; definitions. Sec. 227f. (1) Except as provided in subsection (2), an individual who commits or attempts to commit a crime that involves a violent act or a threat of a violent act against another person while wearing body armor is guilty of a felony, punishable by imprisonment for not more than 4 years, or a fine of not more than $2,000.00, or both. A term of imprisonment imposed for violating this section may be served consecutively to any term of imprisonment imposed for the crime committed or attempted. (2) Subsection (1) does not apply to either of the following: (a) A peace officer of this state or another state, or of a local unit of government of this state or another state, or of the United States, performing his or her duties as a peace officer while on or off a scheduled work shift as a peace officer. (b) A security officer performing his or her duties as a security officer while on a scheduled work shift as a security officer. (3) As used in this section: (a) “Body armor” means clothing or a device designed or intended to protect an individual’s body or a portion of an individual’s body from injury caused by a firearm. (b) “Security officer” means an individual lawfully employed to physically protect another individual or to physically protect the property of another person. History: Add. 1990, Act 321, Eff. Mar. 28, 1991 ;– Am. 1992, Act 218, Imd. Eff. Oct. 13, 1992 ;– Am. 1996, Act 163, Imd. Eff. Apr. 11, 1996 ;– Am. 2000, Act 226, Eff. Oct. 1, 2000 Statute – THE MICHIGAN PENAL CODE (750.1 – 750.568) Section 750.227f See the federal law here Looking for a frontline attorney that will fight in the trench beside you against the “justice” system ? Attorney Michael Komorn – provides aggressive DUI, drugged driving and criminal defense. Call The Office 248-357-2550 or visit KomornLaw.com Below because it contained the word body armor (You should read it anyway) THE STATE SCHOOL AID ACT OF 1979 (EXCERPT) Act 94 of 1979 ***** 388.1697.added THIS ADDED SECTION IS EFFECTIVE OCTOBER 1, 2021 ***** 388.1697.added School safety grant program; application process requirements; department of state police; administration; report; work project. Sec. 97. (1) For 2021-2022, from the state school aid fund money appropriated under section 11, there is allocated an amount not to exceed $7,500,000.00 and from the general fund money appropriated under section 11, there is allocated an amount not to exceed $2,500,000.00 for competitive grants to public schools, nonpublic schools, districts, and intermediate districts to purchase technology equipment, upgrade hardening measures, or conduct school building safety assessments to improve the safety and security of school buildings, pupils or students, and school staff with the goal of creating a safer school environment through equipment and technology enhancements. The department of state police, grants and community services division, shall administer the grant program described in this subsection. All grants under this subsection must be funded on a reimbursement-only basis. Grants under this subsection must not exceed $50,000.00 for each public school or nonpublic school and $250,000.00 for each district or intermediate district. (2) All of the following apply to the application process for funding under subsection (1): (a) To receive funding under subsection (1), a public school, nonpublic school, district, or intermediate district shall submit an application for funding under subsection (1) directly to the department of state police, grants and community services division. (b) An application from a district or intermediate district under this subsection must be for 1 or more buildings that have some or all of pre-K to grade 12 classrooms and pupils. (c) An applicant may submit only 1 application. (d) An individual public school may submit its own application but must not also be included in its district’s application if the district submits an application under this subsection. (e) The department of state police shall award grants to applicants based on eligibility, the project description, and whether the project reflects the highest security need of the applicant within grant funding constraints, the budget narrative, the budget, project goals, objectives, and performance measures. (f) The department of state police shall give priority to all of the following applicants: (i) Applicants seeking funding for projects that involve multiple agencies working in partnership. (ii) Applicants seeking funding for proposals that seek to secure exterior access points of school buildings. (iii) Applicants that did not receive a school safety grant in the past. (iv) Applicants that did not receive a grant under section 1001 of article XX of 2018 PA 207 or under section 115 of 2018 PA 618. (g) To be awarded a grant, an applicant must demonstrate proof that the public school, nonpublic school, district, or intermediate district has an emergency operation plan that was updated after August 1, 2017 to align with the state emergency operations plan guidance and statewide school safety information policy developed under section 1308 of the revised school code, MCL 380.1308. (h) The department of state police shall issue grant guidance and application materials, including required performance measures, not later than February 1, 2022. (3) The department of state police shall not award funding under subsection (1) to a public school, nonpublic school, district, or intermediate district in relation to the same school building more than once. If a district submits an application under subsection (2) relating to a school building and a public school within that district also submits an application for funding in relation to that same school building, the department of state police shall not allocate funding under subsection (1) twice for that school building. If a public school, nonpublic school, district, or intermediate district submits more than 1 application, the department of state police shall first consider the most recent application submitted in considering funding under subsection (1). (4) Eligible expenses for reimbursement under subsection (1) must be consistent with the recommendations of the school safety task force created by Executive Order No. 2018-5. The department of state police shall list the eligible expenses in the grant guidance and application materials described under subsection (2). The following items are not eligible expenses for which grant funds under subsection (1) may be applied: (a) Weapons, including tasers. (b) Personal body armor for routine use. (c) Construction of new facilities. (d) Costs in applying for the grant, such as consultants and grant writers. (e) Expenses incurred before the date of the award or after the end of the performance period of the grant award. (f) Personnel costs or operation costs related to a capital improvement. (g) Indirect costs or indirect administrative expenses. (h) Travel. (i) Contributions or donations. (j) Management or administrative training and conferences, except as otherwise preapproved by the department of state police. (k) Management studies or research and development. (l) Memberships and dues, except for a specific requirement of the project that has been preapproved by the department of state police. (m) Vehicles, watercraft, or aircraft, including unmanned or remotely piloted aircraft and vehicles. (n) Service contracts and training beyond the performance period of the grant award. (o) Food, refreshments, and snacks. (5) A grantee under section 1001 of article XX of 2018 PA 207 that is a public school, nonpublic school, district, or intermediate district or a grantee under section 115 of 2018 PA 618 that is a public school, nonpublic school, district, or intermediate district is not prohibited from applying for, and receiving, a grant award under this section. (6) The department of state police shall begin issuing awards for grants under subsection (1) not later than May 1, 2022. A project that is awarded a grant under this section must be completed by July 1, 2023. (7) The department of state police shall report on grant activities under this section, including available performance outcomes as identified in individual grant agreements, to the senate and house appropriations subcommittees on state police, the senate and house fiscal agencies, and the state budget office by August 1, 2023. (8) The funds allocated for school safety grants under this section for 2021-2022 are a work project appropriation, and any unexpended funds for 2021-2022 do not lapse to the state school aid fund or general fund and are carried forward into 2022-2023. The purpose of the work project is to continue promoting safer school environments. The estimated completion date of the work project is July 1, 2023. (9) The department of state police shall ensure that a grant to a nonpublic school under this section is funded from the general fund money allocated under this section. History: Add. 2021, Act 48, Eff. Oct. 1, 2021 Compiler’s Notes: The repealed section pertained to competitive grants to improve the safety and security of school buildings, pupils, and staff.Former MCL 388.1697, which pertained to competitive grants to improve the safety and security of school buildings, pupils, and staff was repealed by Act 146 of 2020, Imd. Eff. July 31, 2020. Then there is this Responsible Body Armor Possession Act This bill prohibits the purchase, ownership, or possession of enhanced body armor by civilians. Enhanced body armor refers to body armor, including a helmet or shield, the ballistic resistance of which meets or exceeds the ballistic performance of Type III armor, determined using the National Institute of Justice standard. The bill provides exceptions for (1) the purchase, ownership, or possession by or under the authority of the United States or any state or political subdivision; (2) qualified law enforcement officers; and (3) enhanced body armor that was lawfully possessed before the effective date of the bill. A violator is subject to criminal penalties—a fine, a prison term of up to 10 years, or both. [Congressional Record Volume 165, Number 157 (Friday, September 27, 2019)] [House] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] By Ms. MENG: H.R. 4568. Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 18 of the Constitution [Page H8082] About Constitutional Authority Statements On January 5, 2011, the House of Representatives adopted an amendment to House Rule XII. Rule XII, clause 7(c) requires that, to be accepted for introduction by the House Clerk, all bills (H.R.) and joint resolutions (H.J.Res.) must provide a document stating “as specifically as practicable the power or powers granted to Congress in the Constitution to enact the bill or joint resolution.” https://www.congress.gov/bill/116th-congress/house-bill/4568/text The post Possession of Body Armor in Michigan appeared first on Komorn Law. View the full article
  3. The administrative rules for marijuana businesses provide a pathway for cultivators – any type of grower under the Medical Marihuana Facilities Licensing Act or the Michigan Regulation and Taxation of Marihuana Act – to transfer or sell immature plants to marijuana sales locations (provisioning centers, retailers, and microbusinesses). The administrative rules also provide a pathway for marijuana sales locations to sell immature plants to customers. This bulletin provides information regarding the relevant administrative rules and requirements that licensed cultivators and licensed sales locations need to begin the sale of immature plants Administrative Rules: Immature Plants Rule 1 of the Marijuana Sampling and Testing Rule Set – R 420.301 (k) – a nonflowering marijuana plant that is no taller than 8 inches from the growing or cultivating medium and no wider than 8 inches produced from a cutting, clipping, tissue culture, or seedling that is in a growing or cultivating medium or in a growing or cultivating container. Rule 6 in the Marijuana Operations Rule Set – R 420.206 (2) – a cultivator who has obtained good agricultural collection processes certification may sell immature plants to a marijuana sales location under the allowances published by the agency. Rule 6 in the Marijuana Sale or Transfer Rule Set – R 420.506 (4) – a marijuana sales location may sell no more than 3 immature plants to a marijuana customer per transaction. Requirements for Cultivators A cultivator must meet/comply with the following requirements to sell immature plants: Hold the good agricultural collection practices (GACP-GMP) certification prior to making sales of immature plants.For immature plant sales, use the existing “immature plants” category in Metrc with testing status “not required.” These sales are for immature plants only and should not be used to transfer or sell seeds.Only transfer pre-ordered immature plants (plant packages) to sales locations.Once immature plants have been pre-ordered, include a sell-by date on the package label to ensure plants at sales locations do not advance in their growth beyond the immature growth phase. The sell-by date must be no more than seven days from the date the plant package was created at the cultivator.Ensure each transfer of immature plants to a sales location includes written instructions for basic care and environmental considerations for the immature plants (light, water, temperature controls) while they are at the sales location, and the method for destruction if necessary, such as if the plants develop disease, or die.Ensure each transfer of immature plants to a sales location includes a written, signed document from the cultivator attesting that only active ingredients approved by the Marijuana Regulatory Agency (MRA) were used in the cultivation of the immature plants. The bulletin that details the MRA’s approved active ingredients for growers can be found here.Approval Process for Growers/Cultivators Once a cultivator has achieved certification for GACP-GMP, they must submit a plan for the sale of immature plants to the MRA at MRA-Compliance@michigan.gov before selling any immature plants to a sales location. The plan must include, at a minimum: The name of the business and the cultivator’s license numberProof the cultivator is GACP-GMP certifiedA copy of the general care instructions the cultivator will provide to sales locationsStandard Operating Procedures (SOPs) that includes the following, at a minimum:• How the cultivator will ensure plants have been pre-ordered and how plants will be packaged for transfer Plants will need to be packaged in plant packages for each sales transaction Each plant package will consist of one to three plants depending on the individual customer pre-order There can be no more than three plants per package in accordance with the administrative rules Plant package labels must include the license number of the cultivator, plant strain name, and sell-by date • A detailed description of the method of transportation to sales locations A secure transporter is not necessary for these transfers The wholesale transfer type will be used in the transfer manifest The means by which the cultivator will ensure the plants are not exposed to contaminants or hazards during the transport must be provided The procedure that will be followed during transportation of the immature plants • Refund and return policies if sales locations request to return immature plants in their inventory Provisioning centers are not permitted to return products to growers. Only adult-use retailers can return immature plants to growers. The MRA will review the plan and provide approval, request additional information, or request changes to the proposed plan. Once the plan has been approved, the cultivator may begin the sale of immature plants to marijuana sales locations. Requirements for Sales Locations Sales locations are permitted to accept transfers of immature plants from cultivators approved by the MRA to sell immature plants to a sales location. Sales locations should adhere to the basic care instructions provided by the cultivators. These may include instructions for adequate lighting, water, and temperature control but should not include advanced care instructions such as application of fertilizers, pesticides, etc. Sales locations do not need to obtain approval from the MRA to sell immature plants, but they must adhere to the administrative rules and the following requirements: • Sales locations must have a procedure in place for pre-orders of immature plants • Each plant a sales location orders from a cultivator must be accounted for in a pre-ordered sale • If a pre-ordered sale occurs but the customer does not attempt to collect the immature plant(s) purchased, the sales location is responsible for initiating the return/refund policy set by the cultivator and destruction of any plants that remain beyond the sell-by date • Sales locations must ensure customers are provided a copy of the information provided by the cultivator that attests that only approved active ingredients for growers were used on the immature plants • Upon sale of the immature plants to a customer, the plants must be placed in a sealed package/bag to exit the sales location • Sales locations must notify customers that the plants are not required to be, and have not been, safety compliance tested. MRA Document This advisory bulletin does not constitute legal advice and is subject to change. Licensees are encouraged to seek legal counsel to ensure their operations comply with all applicable laws and rules. Check the MRA website for any changes or updated information Komorn Law PLLC – Contact our Office for legal consultation or evaluation (248) 357-2550 The post MRA – Immature Plant Sales Approval Process (Clones) appeared first on Komorn Law. View the full article
  4. Governor Whitmer Signs Marijuana Legislation Putting Michiganders’ Health and Safety First LANSING, Mich. – July 13, 2021, Governor Whitmer signed legislation that protects the public health and safety of Michigan residents by regulating the intoxicating substance delta-8 THC derivative that is currently being sold – untested and unregulated – in convenience stores, gas stores, and tobacco/smoke shops throughout the state. Starting on October 11, 2021 Starting on October 11, 2021, these products – which were available for sale to individuals of all ages by businesses that cannot currently sell licensed adult-use or medical marijuana products – will be covered by state law and regulated by the state’s Marijuana Regulatory Agency (MRA). This package of bills also updates definitions regarding products derived from the cannabis plant so that all intoxicating substances will be safety-tested through the MRA’s statewide monitoring system and will tracked through the state’s seed-to-sale tracking system. Michigan is the model for the nation “This package of bills continues to show Michigan is the model for the nation in regard to protecting its residents and making sure that those who consume marijuana products do so in a safe manner,” said Gov. Whitmer. “I am glad to see Michigan continuing to lead on the implementation and regulation of a safe, secure marijuana industry, which has already brought tens of millions of dollars in new tax revenue to the state, as well as thousands of well-paying jobs.” “The team at the MRA has always been committed to transparency and forward thinking and this was once again the case regarding delta-8,” said MRA Executive Director Andrew Brisbo. “We were proud to work with legislators and industry stakeholders to pro-actively address this issue and move an untested, unlicensed intoxicating synthetic product into our licensed and regulated system.” “The voters of Michigan chose to legalize and regulate marijuana in the interests of justice and public health,” said Rep. Yousef Rabhi, D-Ann Arbor. “The voters of Michigan chose to legalize and regulate marijuana in the interests of justice and public health,” said Rep. Yousef Rabhi, D-Ann Arbor. “We know that banning these substances is not the best way to keep the public safe. But we also know that these psychoactive compounds are currently being sold with no public health standards to anyone, regardless of age. Instead of allowing these new hemp derivatives like Delta 8 to circumvent our world-class regulated system, this new law will apply the same rigorous testing and commercial standards that currently protect consumer safety in the legal marijuana marketplace.” “I appreciate the support of Governor Whitmer and my legislative partner Representative Rabhi in helping Michigan take an important step in streamlining regulations for the safety of cannabis businesses and people around our state,” said Rep. Jim Lilly, R-Park Twp. “By mirroring Michigan’s existing liquor dram shop law and clearly defining the requirements for a proper injury lawsuit, we are bringing clarity to a previously murky area of our cannabis laws. I am extremely excited to see the Governor not only sign these bills, but also sign bills to protect Michigander’s from unregulated and untested Delta-8 hemp products. This legislation does the right thing by taking these products out of the unregulated marketplace and bringing them under the purview of a well-functioning Marijuana Regulatory Agency.” “We applaud Governor Whitmer’s decision to sign this package of bills into law,” said Robin Schneider, Executive Director of the Michigan Cannabis Industry Association. “Regulating Delta 8 rather than banning the product is a smart and progressive move that is in the best interest of public health and safety. We are grateful that medical marijuana patients will have improved access to their certifying physicians and that state licensed cannabis businesses will have clearer standards and improved liability insurance coverage.” “The U.S. Hemp Roundtable, the hemp industry’s national advocacy organization, applauds Governor Whitmer and legislative leaders for developing a sound, common-sense approach to regulating delta-8 THC products that will not only serve Michigan residents well, but will also provide a model for the nation,” said Jonathan Miller, General Counsel of the U.S. Hemp Roundtable. “House Bill 4517 ensures that intoxicating products are not sold at retail stores, under the guise of hemp; rather that they are regulated akin to adult-use cannabis, restricted to adults and monitored for safety and potency. This is a win-win for Michigan farmers and consumers; we hope other states follow Michigan’s lead.” House Bill 4745 House Bill 4745 will allow telemedicine for Michigan residents participating in the Michigan Medical Marijuana Program, a state registry program that administers the MMMA as approved by Michigan voters on November 4, 2008. “I’m thrilled that medical marijuana patients now have access to telemedicine, just like the rest of Michigan’s medical patients do,” said Gov. Whitmer. “This package of bills makes a huge difference in the lives of those who rely on the medical properties of marijuana.” HB 4745 was sponsored by Rep. Jim Lilly, R-Park Twp., and a copy can be found here. House Bill 4517 House Bill 4517 amends the Michigan Regulation and Taxation of Marihuana Act to: Define “THC” and modify the definitions of “industrial hemp” and “marihuana” Require the MRA to promulgate a limit on the total amount of THC that a product intended for human or animal consumption could contain Allow the MRA to promulgate rules to exclude from the definition of THC a tetrahydrocannabinol if the MRA determined, based on specified factors, that it did not have a potential for abuse HB 4517 was sponsored by Rep. Yousef Rabhi, D-Ann Arbor, and a copy can be found here. House Bill 4740 House Bill 4740 amends the Medical Marihuana Facilities Licensing Act to modify the definitions of “industrial hemp”, “marihuana”, and “marihuana-infused product.” HB 4740 was sponsored by Rep. Pat Outman, R-Six Lakes, and a copy can be found here. House Bill 4741 House Bill 4741 amends the Industrial Hemp Growers Act to modify the definitions of “industrial hemp” and “marihuana”, and defined “THC.” HB 4741 was sponsored by Rep. TC Clements, R-Temperance, and a copy can be found here. House Bill 4742 House Bill 4742 amends the Marihuana Tracking Act to modify the definition of “marihuana.” HB 4742 was sponsored by Rep. Tenisha Yancey, D-Grosse Pointe, and a copy can be found here. House Bill 4743 House Bill 4743 amends the Public Health Code to modify the definitions of “marihuana” and “industrial hemp.” HB 4743 was sponsored by Rep. Julie Calley, R-Portland, and a copy can be found here. House Bill 4744 House Bill 4744 amends the Industrial Hemp Research and Development Act to modify the definitions of “industrial hemp” and “THC.” HB 4744 was sponsored by Rep. Richard Steenland, D-Roseville, and a copy can be found here. House Bill 4746 House Bill 4746 amends the Michigan Liquor Control Code to modify the definition of “marihuana.” HB 4746 was sponsored by Rep. Roger Hauck, R-Mt. Pleasant, and a copy can be found here. Delta-8 Komorn Law Social Media Recent Posts Governor Whitmer Signs Marijuana Legislation Putting Michiganders’ Health and Safety First Another Circuit Court Victory – Suppressed Evidence Leads to Dismissal Justice Clarence Thomas says marijuana laws may no longer be needed anymore. Marijuana Regulatory Agency, Michigan’s Electric Providers Offer Advice for Marijuana Home Grows UAW signals for GM to drop drug testing for cannabis and raise starting wage Tag Cloud 2020 2021 autism BMMR cannabis CBD corona virus corruption. prosecutors covid-19 DEA detroit dispensary DUI expungement federal forfeiture ginnifer hency hemp komorn komornlaw lara LARA ALERTS LARA Bulletin LARA FAQ law enforcement abuse laws legal Legalization marijuana medical Medical Marijuana Michigan MMFLA MMMA MMMA Regulations MRA news police politics Recreational Cannabis science shattuck supreme court victory Vote DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. The MRA has created a one-page document with information about delta-8 and has made it available on their website here. The post Governor Whitmer Signs Marijuana Legislation Putting Michiganders’ Health and Safety First appeared first on Komorn Law. View the full article
  5. Summary: Komorn Law has won another case in Circuit Court. The Judge suppressed the 26 pounds of marijuana of evidence seized following a traffic stop and then lead to the dismissal of the case. The police conducted an unlawful inventory search, contrary to the police department’s established procedures. Michael A. Komorn and Alyssa L. McCormick won suppression of evidence in the 56A Judicial District Court on an inventory search / People v. Toohey (438 Mich. 265; 475 N.W. 2d 16 (1991)) issue. Circuit Court Opinion of the Month: Unlawful Inventory Search The Honorable Julie A. O’Neill, of the 56A Judicial District Court, in May suppressed evidence seized following a traffic stop and then dismissed the case. Judge O’Neill found that police conducted an unlawful inventory search, contrary to the police department’s established procedures, and, pursuant to People v. Toohey, 438 Mich. 265; 475 N.W.2d 16 (1991), the improperly seized evidence had to be suppressed. Once the evidence was suppressed, there was no evidence to support bindover to circuit court, so the case was dismissed. The defendant was stopped by Potterville Police Chief Barry for speeding and improper use of a turn signal. The defendant did not have on his person his driver’s license, but subsequent investigation revealed that the defendant was properly licensed and had no outstanding warrants. Chief Barry, upon approaching the pickup truck, saw a black plastic trash bag on the passenger seat; the Chief, who later testified he could smell marijuana, asked the driver multiple times about the contents of the bag; the defendant replied that it was trash. The defendant also replied that he had some marijuana wax in his possession. Backup arrived, and the defendant was told to exit the vehicle; he complied and then locked it. He consented to a search of his person but declined a request by police to search the truck. The driver was handcuffed and placed into the Chief’s vehicle. Officers looked through the windows of the pickup and noticed another plastic trash bag in the behind the seats, as well as a smaller plastic bag with a leafy, green substance visible. The Chief called a prosecutor, who advised that an arrest could be made for the misdemeanor of not having a license in his possession. The driver was arrested. Later, 6 Criminal Defense Newsletter June 2021 during a search of the pickup truck, just over 26 pounds of marijuana was found. The defendant challenged the arrest as illegal because, he argued, he constructively possessed his license. His wife was able to text a photo of the license, which Chief Barry was able to observe. Judge O’Neill rejected that argument and held that the statute, M.C.L. 257.311, expressly requires a driver to have an operator’s license “in his or her immediate possession at all times.” The defendant also challenged the inventory search as illegal, and Judge O’Neill, as noted above, agreed. The Toohey case requires that inventory searches be conducted “in accordance with established departmental procedures … and must Reports and Studies not be used as a pretext for criminal investigation.” Judge O’Neill rejected the prosecution arguments, which included that police had probable cause to search due to either plain-view or the automobile exception. The defendant was represented by Michael A. Komorn; the opinion in People v. Michael Anthony Gonzalez, 56A Judicial District Court No. 20-111-FY. The post Another Circuit Court Victory – Suppressed Evidence Leads to Dismissal appeared first on Komorn Law. View the full article
  6. June 28 (UPI) — Federal regulations on marijuana may “no longer be necessary” as individual states enact their own laws on its use and sale, Supreme Court Justice Clarence Thomas wrote in an opinion Monday. Thomas, one of the high court’s most conservative justices, cited what he called the federal government’s “half-in, half-out” approach that “simultaneously tolerates and forbids local use of marijuana” and concludes that federal pot laws and policies may now be obsolete. “A prohibition on intrastate use or cultivation of marijuana may no longer be necessary or proper to support the federal government’s piecemeal approach,” he wrote in dismissing the appeal of a Colorado medical marijuana dispensary that was denied federal tax breaks. In the case, Standing Akimbo vs. United States, the dispensary argued that it is prohibited by the Internal Revenue Service from deducting certain business expenses — as other businesses are allowed — even though it operates in Colorado, where marijuana use is legal. The reason is an IRS public policy provision that bars such deductions for companies dealing in controlled substances. With 36 states now legally allowing marijuana for medical use and 18 for recreational use, Thomas wrote that the case illustrates a growing disconnect between federal and state laws. Since the Supreme Court upheld federal marijuana laws in 2005, Thomas said the legal landscape has greatly changed. Further, he said, the Justice Department since 2009 has declined to intrude on state legalization efforts or prosecute those who comply with state laws. Finish the story here https://www.upi.com/Top_News/US/2021/06/28/supreme-court-clarence-thomas-marijuana/1951624899877/ Komorn Law Social Media Recent Posts Justice Clarence Thomas says marijuana laws may no longer be needed anymore. Marijuana Regulatory Agency, Michigan’s Electric Providers Offer Advice for Marijuana Home Grows UAW signals for GM to drop drug testing for cannabis and raise starting wage Michigan Officials Wipe Away Past Marijuana-Related Convictions Michigan House Passes Bill to Close Loophole in Cannabis Legislation Tag Cloud 2020 2021 autism BMMR cannabis CBD corona virus corruption. prosecutors covid-19 DEA detroit dispensary DUI expungement federal forfeiture ginnifer hency hemp komorn komornlaw lara LARA ALERTS LARA Bulletin LARA FAQ law enforcement abuse laws legal Legalization marijuana medical Medical Marijuana Michigan MMFLA MMMA MMMA Regulations MRA news police politics Recreational Cannabis science shattuck supreme court victory Vote DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. The post Justice Clarence Thomas says marijuana laws may no longer be needed anymore. appeared first on Komorn Law. View the full article
  7. June 25, 2021 – Michigan’s Marijuana Regulatory Agency – in conjunction with the Michigan Public Service Commission, the Bureau of Fire Services, the Dept. of Environment, Great Lakes, and Energy, and electric providers in the state of Michigan – today produced and distributed materials to inform Michigan residents growing marijuana in their homes about the best ways to keep themselves, their neighbors, and their community safe while continuing to protect Michigan’s electric grid. Michigan residents with medical marijuana patient and caregiver registration cards have been able to grow a limited number of marijuana plants in their homes since 2008. After Michigan voters legalized marijuana in 2018, Michigan residents over the age of 21 have also been able to grow up to 12 plants at their home. These developments have resulted in an influx of new residential marijuana grows that have a major impact on Michigan’s electric grid. Since the energy demand for growing marijuana plants is so intensive – often requiring nonstop grow lights, ventilation systems, and other high-demand equipment – it is essential residential marijuana growers understand the impact the increased energy usage in their homes may have on their safety, the safety of their communities, and the safety of electrical workers and first responders. A Michigan resident growing 12 plants in a home can increase that home’s energy demand by 2.75 times. Maximizing the 72-plant limit for a medical marijuana caregiver’s residential grow operation could result in energy usage equivalent to the average use of 10.75 houses. Residential marijuana growers should understand the proper steps to take while planning their grow operation to ensure their safety, as well as the protection of their home and utility equipment. Overloading electrical equipment can create fire hazards and damage electrical equipment, which can also lead to extended power outages in your community. Growing marijuana in a home is a legal right and it must be done safely and responsibly. Before starting a home grow, individuals should: become familiar with local rules and ordinanceshire a licensed electrical contractorcontact their local utility to ensure their electrical service is sized appropriately to serve the increased energy demandWhen residential growers work together with their electric company, significant damage can be avoided, including: Unanticipated significant overloading can lead to catastrophic failure of utility and customer-owned equipment. If a significant customer load is added before the energy provider has an opportunity to review and utility equipment is damaged as a result, the customer causing the issue may be held responsible for associated costs of repair. There could be lengthy delays in the restoration of service. The utility must determine what caused the issue, find out what the true load sizes are, and upgrade its equipment to serve it.In addition to damaging the equipment of the customer that added the significant load, there could be possible damage to property of other customers receiving service from the same transformer. This damage can range from appliances to sensitive electronics, smart TVs, computers and more.Structural fire dangers are by far the worst-case scenario for marijuana home grows. When circuits are overloaded beyond their rating, it becomes a hazard and the cost associated with this kind of incident is immeasurable as it has the potential to cause death in addition to widespread damage to the electrical system and people’s property.The Michigan Public Service Commission’s website has important information available for Michigan residents, including: Contact Information for Michigan’s Electric UtilitiesMPSC’s Utility Provider Search (Geographic Lookup)Michigan’s Electric Utility Service Area MapThe Electrical Safety: Residential Growing informational document can be found here or by visiting Michigan.gov/MRA. Team012021 Veteran Marijuana Research Grant Program RFP Now Available PAST MRA Releases June 25 In Partnership with the Marijuana Regulatory Agency, Michigan’s Electric Providers Offer Advice for Marijuana Home Grows17 Marijuana Regulatory Agency Announces June Business Resource Workshop, Featuring Our Cannabis10 Michigan’s Marijuana Regulatory Agency Announces its June Education and Outreach Session Featuring a Presentation by the MRA’s Enforcement Team01 2021 Veteran Marijuana Research Grant Program RFP Now AvailableMay 13 MRA Business Resource Workshop: Setting Aside Marijuana-Related Adult Criminal Records in Michigan04 Licensing and Social Equity Work GroupApril 29 MRA’s Social Equity Program Announces May Business Resource Workshop, Featuring Rocky Mountain Cannabis Consulting19 MRA’s Social Equity Program Announces April Business Resource Workshop, Featuring Sensi ConnectsMarch 12 MRA’s Social Equity Program Announces March Business Resource Workshop, Featuring Calyxeum05 MRA’s Social Equity Program Announces March Education and Outreach Session, Featuring the MRA Enforcement DivisionFebruary 26 MRA Reminds Applicants of Upcoming License Eligibility Changes18 MRA’s Social Equity Program Announces February Business Resource Workshop, Featuring Our Cannabis02 MRA Takes Next Step Towards Diversity, Equity, and Inclusion by Posting Adult-Use Marijuana Licensees’ Social Equity PlansJanuary 29 MRA’s Social Equity Program Announces February Business Resource Workshop, Featuring Cresco Labs21 Marijuana Regulatory Agency Announces Diversity, Equity, and Inclusion Workgroup19 Marijuana Regulatory Agency Issues Final Recommendations of the Racial Equity Advisory Workgroup06 MRA’s Social Equity Program Announces January Education and Outreach Session, Featuring Maurice Morton Komorn Law Social Media Recent Posts Marijuana Regulatory Agency, Michigan’s Electric Providers Offer Advice for Marijuana Home Grows UAW signals for GM to drop drug testing for cannabis and raise starting wage Michigan Officials Wipe Away Past Marijuana-Related Convictions Michigan House Passes Bill to Close Loophole in Cannabis Legislation Federal ruling overshadows legal challenge to Detroit’s recreational marijuana law Tag Cloud 2020 2021 autism BMMR cannabis CBD corona virus corruption. prosecutors covid-19 DEA detroit dispensary DUI expungement federal forfeiture ginnifer hency hemp komorn komornlaw lara LARA ALERTS LARA Bulletin LARA FAQ law enforcement abuse laws legal Legalization marijuana medical Medical Marijuana Michigan MMFLA MMMA MMMA Regulations MRA news police politics Recreational Cannabis science shattuck supreme court victory Vote DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. The post Marijuana Regulatory Agency, Michigan’s Electric Providers Offer Advice for Marijuana Home Grows appeared first on Komorn Law. View the full article
  8. The UAW calls for GM to cease drug testing for cannabis and raise starting wages. General Motors is having trouble finding employees for two of its busiest assembly plants. The company is looking to hire 400 temporary employees for its Flint assembly plant and another 275 temporary employees in Fort Wayne. But when the company conducted a job fair in Fort Wayne two weeks ago, it attracted just 60 applicants, or only 22% of the Indiana plant’s needs. While finding employees is an issue plaguing many businesses, UAW officials for GM’s Flint and Fort Wayne plants believe the solution is quite simple — stop testing for marijuana, and raise the starting wage. UAW Local 598 Shop Chairman Eric Welter told the Detroit Free Press he believes that marijuana testing is a deterrent and many applicants don’t return after finding out about the mandatory testing. “When you have a line of people waiting for a job, then it’s OK to test for it,” Welter told the Detroit Free Press. “But if you don’t have enough candidates, testing for marijuana might turn people off from applying.” Michigan voters approved cannabis use for medicinal purposes in 2008 and for recreational use for adults age 21 and older in 2018. GM conducts hair follicle tests on its potential employees, which unlike a urine sample, can detect marijuana dating back several weeks. While the strand test was once considered a foolproof testing method for marijuana use, the current laws surrounding hemp and cannabis could disrupt testing accuracy. Plus, CBD products, which don’t get you high, are legal in the state of Michigan and available at many retail establishments. A 2012 study in the Journal of Analytical Toxicology found that CBD can produce a false positive for THC. Not only does strand testing weed out otherwise qualified candidates, it could disqualify innocent ones. While drug testing serves as a detractor, the company’s starting wage of $16.67 may also turn off many applicants. Rich LeTourneau, shop chairman at GM’s Fort Wayne Assembly, told the Detroit Free Press the recent increase in pay at other establishments has made GM look less appealing to applicants. LeTourneau says an increase in wages would help draw people to apply. “What really needs to happen is lift that $16.67 cap and hire them in at $18, LeTourneau told the Detroit Free Press. “Pizza Hut is paying $20 an hour to deliver pizza here.” Though GM has continued to set up job fairs and promote employment opportunities online, they have not commented on the union’s ideas to appeal to more applicants. GM Spokesperson Dan Flores told the Free Press the issues were being discussed internally. Komorn Law Social Media Recent Posts UAW signals for GM to drop drug testing for cannabis and raise starting wage Michigan Officials Wipe Away Past Marijuana-Related Convictions Michigan House Passes Bill to Close Loophole in Cannabis Legislation Federal ruling overshadows legal challenge to Detroit’s recreational marijuana law MICHIGAN HOUSE BILL 4085 – MARIJUANA USE TAX Tag Cloud 2020 2021 autism BMMR cannabis CBD corona virus corruption. prosecutors covid-19 DEA detroit dispensary DUI expungement federal forfeiture ginnifer hency hemp komorn komornlaw lara LARA ALERTS LARA Bulletin LARA FAQ law enforcement abuse laws legal Legalization marijuana medical Medical Marijuana Michigan MMFLA MMMA MMMA Regulations MRA news police politics Recreational Cannabis science shattuck supreme court victory Vote DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. Source: https://www.metrotimes.com/detroit/uaw-calls-for-gm-to-drop-drug-testing-for-pot-amid-worker-shortage-raise-starting-wage/Content?oid=27378805 The post UAW signals for GM to drop drug testing for cannabis and raise starting wage appeared first on Komorn Law. View the full article
  9. Governor Gretchen Whitmer and Lt. Governor Garlin Gilchrist joined Attorney General Dana Nessel, Secretary of State Jocelyn Benson, Congressman Dan Kildee and Genesee County Sheriff Christopher Swanson in Flint for the state’s first expungement event since the governor signed the Clean Slate bills into law. During her 2018 campaign, Governor Whitmer made expungement for marijuana convictions one of her key priorities. Upon taking office, Governor Whitmer worked with the Republican-majority legislature to pass crucial Clean Slate legislation that will help thousands of Michiganders gain employment, housing and education. “Clean Slate legislation is crucial for Michiganders who are seeking opportunities for employment, housing, and more,” said Governor Whitmer. “Expungement is an opportunity to grow our workforce and expand access to job training and education for so many people. Let’s recommit ourselves to empowering every Michigander to pursue their potential as we emerge from the pandemic and turbocharge our economic recovery. ” Read the rest here Michiganders are encouraged to check their eligibility and apply to participate in an expungement fair. FYI – You should not wait for it to magically be wiped away. You have to take the initiative to get it done. Komorn Law Social Media Recent Posts Michigan Officials Wipe Away Past Marijuana-Related Convictions Michigan House Passes Bill to Close Loophole in Cannabis Legislation Federal ruling overshadows legal challenge to Detroit’s recreational marijuana law MICHIGAN HOUSE BILL 4085 – MARIJUANA USE TAX Lawsuit: Michigan State Police, Ingham County ‘reckless’ to rely on informant in false drug arrest Tag Cloud 2020 2021 autism BMMR cannabis CBD corona virus corruption. prosecutors covid-19 DEA detroit dispensary DUI expungement federal forfeiture ginnifer hency hemp komorn komornlaw lara LARA ALERTS LARA Bulletin LARA FAQ law enforcement abuse laws legal Legalization marijuana medical Medical Marijuana Michigan MMFLA MMMA MMMA Regulations MRA news police politics Recreational Cannabis science shattuck supreme court victory Vote DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. The post Michigan Officials Wipe Away Past Marijuana-Related Convictions appeared first on Komorn Law. View the full article
  10. The Michigan House has passed legislation that would close a loophole allowing the sale of unregulated THC products. Currently, some products use THC from marijuana, but are not regulated the same way. The new legislation would define all THC products as marijuana, making them subject to the same testing and regulations. Michigan legalized medical marijuana back in 2008, and recreational marijuana 10 years later in 2018. The new bill now heads to the state Senate. A new bill, HB 4517, would expand Michigan’s definition of marijuana to include THC, regardless of whether it is artificially or naturally derived. The post Michigan House Passes Bill to Close Loophole in Cannabis Legislation appeared first on Komorn Law. View the full article
  11. A federal judge in Detroit heard arguments Thursday in a legal battle that has halted the processing of applications for recreational marijuana businesses in the city. U.S. District Judge Bernard Friedman last month ordered Detroit to temporarily stop processing applications amid a lawsuit that argues a provision of a new ordinance regulating recreational pot operations gives unfair preference to longtime residents deemed legacy Detroiters. Friedman granted the preliminary injunction in favor of Crystal Lowe, a resident and prospective marijuana business operator, who sued the city over the ordinance on claims the law is “discriminatory” and limits her chances. Lowe’s attorney Kevin Blair argued to the judge Thursday that the ordinance is a penalty for people, like Lowe, who temporarily moved out of the city and it does nothing to help “folks who have been disproportionally affected by the war on drugs.” CRIMINAL DEFENSE Komorn Law has the experience and history of providing results-focused legal defense to clients in marijuana, drugged driving, DUI, criminal charges, as well as many other case types. From the first encounter with law enforcement to districts courts all the way to the supreme court. CANNABIS BUSINESS LICENSING AND LEGAL COUNSEL If you are starting or have an established Cannabis Business in Michigan. Komorn Law has the legal team you will need. With a 100% success rate in licensing our firm offers legal counsel services with connections and assets in the world’s leading and most refined cannabis industry network. Call our Office 248-357-2550 “The city has stated they’re purposely restricting to allow ‘naïve and unsophisticated’ legacy applicants to get ahead,” Blair told Friedman. Emily Palacios, an Ann Arbor-based attorney representing the city, countered Blair has failed to demonstrate how the ordinance provisions violate Lowe’s equal protection rights under the Michigan Constitution. The ordinance, Palacios told the judge, only gives preference in the order in which applications are certified and it gives a boost to Detroiters who would be disadvantaged. “The city’s licensing program is not causing residents and nonresidents to face-off in direct competition,” Palacios argued to Friedman. “The city has constructed a program by which there are two sets of licenses available; 50% of the licenses are going to go to Detroit legacy applicants and 50% to non-Detroit legacy applicants. Their opportunity to compete is equal on both sides of the ledger.” READ THE REST OF THE STORY HERE: Federal ruling looms in legal challenge to Detroit’s recreational pot law RELATED REPORT: Michigan’s recreational pot sales dampened by pandemic but projected to set records Komorn Law Social Media Recent Posts Federal ruling overshadows legal challenge to Detroit’s recreational marijuana law MICHIGAN HOUSE BILL 4085 – MARIJUANA USE TAX Lawsuit: Michigan State Police, Ingham County ‘reckless’ to rely on informant in false drug arrest Michigan Legislature introduces bills to regulate Delta-8 and other cannabinoids Michigan Introduced Legislature for Cannabis and Hemp Related Bills Tag Cloud 2020 2021 autism BMMR cannabis CBD corona virus corruption. prosecutors covid-19 DEA detroit dispensary DUI expungement federal forfeiture ginnifer hency hemp komorn komornlaw lara LARA ALERTS LARA Bulletin LARA FAQ law enforcement abuse laws legal Legalization marijuana medical Medical Marijuana Michigan MMFLA MMMA MMMA Regulations MRA news police politics Recreational Cannabis science shattuck supreme court victory Vote DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. The post Federal ruling overshadows legal challenge to Detroit’s recreational marijuana law appeared first on Komorn Law. View the full article
  12. House Bill 4085 (2021) February 02, 2021, Introduced by Reps. Cynthia Johnson, Tyrone Carter and Jones and referred to the Committee on Tax Policy.A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4ii. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: Sec. 4ii. (1) The tax under this act does not apply to the storage, use, or consumption of marihuana and marihuana-infused product by a registered qualifying patient. (2) As used in this section, “marihuana”, “marihuana-infused product”, and “registered qualifying patient” mean those terms as defined in section 102 of the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27102. http://legislature.mi.gov/doc.aspx?2021-HB-4085 Komorn Law Social Media Recent Posts MICHIGAN HOUSE BILL 4085 – MARIJUANA USE TAX Michigan Legislature introduces bills to regulate Delta-8 and other cannabinoids Michigan Introduced Legislature for Cannabis and Hemp Related Bills Lawmakers in Mexico Fail To Legalize Marijuana Ahead Of Deadline Most Frequently Asked Federal Firearms Questions Tag Cloud 2020 2021 autism BMMR cannabis CBD corona virus corruption. prosecutors covid-19 DEA detroit dispensary DUI expungement forfeiture ginnifer hency hemp komorn komornlaw lara LARA ALERTS LARA Bulletin LARA FAQ law enforcement abuse laws legal Legalization marijuana medical Medical Marijuana Michigan MMFLA MMMA MMMA Regulations MRA news police politics Recreational Cannabis science shattuck supreme court Thue victory Vote DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. The post MICHIGAN HOUSE BILL 4085 – MARIJUANA USE TAX appeared first on Komorn Law. View the full article
  13. A Lansing man is suing five police officers, Ingham County and a confidential police informant for what he says was a mistaken identity arrest. The five officers — four from Michigan State Police and one from the Ingham County Sheriff’s Office — were working with a confidential informant who told them a man named Al Jessup could sell him heroin and cocaine, according to a police report. According to the lawsuit, the informant lied to police about the seller’s identity and police were “reckless” in relying on the information. Police bought drugs twice from a man they believed to be Jessup, using their informant as the buyer, according to the police report. However, Jessup was not the man selling the drugs either time, according to the lawsuit. In December 2018, the Michigan State Police forensics lab confirmed the drugs were cocaine and heroin. Prosecutors filed two charges of dealing and manufacturing a controlled substance against Jessup in February 2019. Jessup wasn’t arrested until May 27, 2019. Nine days later, prosecutors asked to dismiss the charges. Ingham County Chief Assistant Prosecutor Mike Cheltenham said prosecutors could not sustain the necessary burden of proof. He declined to elaborate further. “The warrant issued for Al Jessup’s arrest was not supported by probable cause,” according to the lawsuit. “Defendant Confidential Informant #28068 is responsible for Jessup’s illegal arrest by lying to police…(The MSP troopers) are responsible for the illegal arrest by not ensuring they had probable cause before seeking an arrest warrant.” The lawsuit says Ingham County is liable because its policies “either allowed for an unreliable CI to be employed or allowed for (the deputy) to work with an unreliable CI employed by Michigan State Police.” Police said they identified Jessup as the seller using his Michigan Secretary of State photo, and the informant identified Jessup both in person and with his state photo. He now has lost faith in the justice system and fears law enforcement, according to the lawsuit. This is not possible, according to the lawsuit, because Jessup was not the man who sold the informant the drugs. READ MORE HERE Looking for a frontline attorney that will fight in the trench beside you against the “justice” system ? Attorney Michael Komorn – provides aggressive DUI, drugged driving and criminal defense. Call The Office 248-357-2550 or visit KomornLaw.com Komorn Law Social Media Recent Posts Federal ruling overshadows legal challenge to Detroit’s recreational marijuana law MICHIGAN HOUSE BILL 4085 – MARIJUANA USE TAX Lawsuit: Michigan State Police, Ingham County ‘reckless’ to rely on informant in false drug arrest Michigan Legislature introduces bills to regulate Delta-8 and other cannabinoids Michigan Introduced Legislature for Cannabis and Hemp Related Bills Tag Cloud 2020 2021 autism BMMR cannabis CBD corona virus corruption. prosecutors covid-19 DEA detroit dispensary DUI expungement federal forfeiture ginnifer hency hemp komorn komornlaw lara LARA ALERTS LARA Bulletin LARA FAQ law enforcement abuse laws legal Legalization marijuana medical Medical Marijuana Michigan MMFLA MMMA MMMA Regulations MRA news police politics Recreational Cannabis science shattuck supreme court victory Vote DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. The post Lawsuit: Michigan State Police, Ingham County ‘reckless’ to rely on informant in false drug arrest appeared first on Komorn Law. View the full article
  14. Executive director of Michigan’s Marijuana Regulatory Agency, Andrew Brisbo, announced a new legislative importance, that the state bring Delta-8 THC and other cannabinoids under the same regulatory framework as Delta-9 THC. HB4517 The eight bills, led by HB 4517, and sponsored by Rep. Yousef Rabhi (D- Ann Arbor) and Rep. Jim Lilly (R-Holland), would revise the definition of Tetrahydrocannabinols (THC) more commonly so that not only Delta-9 THC is covered but any THC product the MRA determines has a potential for abuse. House Bill 4517 Summary The legislation experienced accolades and self-warming reception at Monday’s committee hearing, including testimony in support from the Brisbo, and the state’s two leading cannabis trade associations. Delta 9 THC THC is an acronym for Tetrahydrocannabinol. THC is one of the cannabinoids found in cannabis, and is the main psychoactive element. CBD is another predominant cannabinoid. Delta-9 Tetrahydrocannabinol is a cannabinoid found in large, naturally occurring amounts in marijuana plants and is the key ingredient that spurs cannabis sales. Delta-8, an isomer of Delta-9, or a molecule with the same number of atoms of each element but with a different atomic arrangement, is also naturally occurring in marijuana plants, but generally in trace amounts. To obtain significant amounts of Delta-8, cultivators need to distill the plant, and refine the resulting distillate, emphasizing for Delta-8 over Delta-9. While Delta-8 has attracted a great deal of media attention, cannabis lab scientists warn that other derivatives are coming down the pipeline. “This is a good effort by the MRA to align with what the MI public health code says,” said Greg Michaud, CEO of Viridis Laboratories, spent decades operating a forensic testing lab for the Michigan State Police. Michigan Introduced Legislature – Search “Marijuana” ResultsMichigan Legislative Session BallotpediaMSP Controlled Substance Komorn Law Social Media Recent Posts Michigan Legislature introduces bills to regulate Delta-8 and other cannabinoids Michigan Introduced Legislature for Cannabis and Hemp Related Bills Lawmakers in Mexico Fail To Legalize Marijuana Ahead Of Deadline Most Frequently Asked Federal Firearms Questions Restoration of Your Firearms Rights in Michigan After Felony Conviction Tag Cloud 2020 2021 autism BMMR cannabis CBD corona virus corruption. prosecutors covid-19 DEA detroit dispensary DUI expungement forfeiture ginnifer hency hemp komorn komornlaw lara LARA ALERTS LARA Bulletin LARA FAQ law enforcement abuse laws legal Legalization marijuana medical Medical Marijuana Michigan MMFLA MMMA MMMA Regulations MRA news police politics Recreational Cannabis science shattuck supreme court Thue victory Vote DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. The post Michigan Legislature introduces bills to regulate Delta-8 and other cannabinoids appeared first on Komorn Law. View the full article
  15. See what your “politicians” are doing with legislature regarding Cannabis, CBD, Hemp and Delta8 as well as the manipulation of voted in laws. The list below is the result of a search in the Michigan legislature using the word Marijuana. Click the link and look for the bill summary or read the bill in detail. DocumentTypeDescriptionS.B. 0014 of 2021Senate Introduced BillCriminal procedure: jurisdiction; venue for prosecution of delivery of a controlled substance causing death; modify. Amends sec. 317a of 1931 PA 328 (MCL 750.317a). TIE BAR WITH: SB 0015’21S.B. 0041 of 2021Senate Introduced BillLaw enforcement: peace officers; authority for park and recreation officers to enforce certain marihuana-related offenses; provide for. Amends sec. 1606 of 1994 PA 451 (MCL 324.1606).S.B. 0144 of 2021Senate Introduced BillLiquor: spirits; definition of mixed spirit drink; modify. Amends secs. 105, 107, 109, 111, 113, 113a, 204, 301, 303, 307, 502, 504, 518, 521, 525, 532, 536, 537, 545, 601, 603, 605, 607, 608, 610, 610a, 611, 914b, 1019, 1025, 1027, 1101, 1103, 1105, 1113, 1114 & 1115 of 1998 PA 58 (MCL 436.1105 et seq.). TIE BAR WITH: SB 0143’21, SB 0142’21, SB 0141’21S.B. 0153 of 2021Senate Introduced BillUse tax: exemptions; sale of feminine hygiene products; exempt. Amends secs. 4 & 21 of 1937 PA 94 (MCL 205.94 & 205.111). TIE BAR WITH: SB 0154’21S.B. 0154 of 2021Senate Introduced BillSales tax: exemptions; sale of feminine hygiene products; exempt. Amends secs. 4a & 25 of 1933 PA 167 (MCL 205.54a & 205.75).S.B. 0186 of 2021Senate Introduced BillAgriculture: industrial hemp; regulations for growing industrial hemp; modify. Amends secs. 103, 211, 301, 303, 305, 307, 309, 311, 401, 403, 405, 407, 503, 505, 509, 511, 601, 603, 605, 607 & 609 of 2020 PA 220 (MCL 333.29103 et seq.); adds sec. 602 & ch. VIII & repeals sec. 701 of 2020 PA 220 (MCL 333.29701).S.B. 0187 of 2021Senate Introduced BillAppropriations: other; executive recommendation; provide for omnibus bill. Creates appropriation act.S.B. 0227 of 2021Senate Introduced BillHealth occupations: health professionals; sentencing guidelines for the crime of and performing certain medical treatments on a minor without consent and another individual present; enact. Amends sec. 13n, ch. XVII of 1927 PA 175 (MCL 777.13n). TIE BAR WITH: SB 0226’21H.B. 4085 of 2021House Introduced BillUse tax: collections; tax collection on medical marijuana sales; exempt. Amends 1937 PA 94 (MCL 205.91 – 205.111) by adding sec. 4ii.H.B. 4086 of 2021House Introduced BillSales tax: collections; tax collection on medical marihuana sales; exempt. Amends 1933 PA 167 (MCL 205.51 – 205.78) by adding sec. 4ii.H.B. 4243 of 2021House Introduced BillCrimes: controlled substances; crime of manufacturing, delivering, or possession of with intent to deliver heroin or fentanyl; modify to reflect changes in sentencing guidelines. Amends sec. 7401 of 1978 PA 368 (MCL 333.7401). TIE BAR WITH: HB 4244’21H.B. 4244 of 2021House Introduced BillCrimes: controlled substances; sentencing guidelines for delivering, manufacturing, or possessing with intent to deliver heroin or fentanyl; amend. Amends sec. 13m, ch. XVII of 1927 PA 175 (MCL 777.13m). TIE BAR WITH: HB 4243’21H.B. 4249 of 2021House Introduced BillMedical marihuana: other; marihuana that contains or has been combined with vitamin E acetate; prohibit the processing and sale of. Amends secs. 502 & 504 of 2016 PA 281 (MCL 333.27502 & 333.27504) & adds sec. 407b.H.B. 4250 of 2021House Introduced BillMarihuana: other; marihuana that contains or has been combined with vitamin E acetate; prohibit the processing and sale of. Amends secs. 3, 11 & 15 of 2018 IL 1 (MCL 333.27953 et seq.).H.B. 4270 of 2021House Introduced BillUse tax: exemptions; sale of feminine hygiene products; exempt. Amends secs. 4 & 21 of 1937 PA 94 (MCL 205.94 & 205.111). TIE BAR WITH: HB 4271’21H.B. 4271 of 2021House Introduced BillSales tax: exemptions; sale of feminine hygiene products; exempt. Amends secs. 4a & 25 of 1933 A 167 (MCL 205.54a & 205.75). TIE BAR WITH: HB 4270’21H.B. 4287 of 2021House Introduced BillTaxation: tobacco; excise tax on certain electronic smoking devices; provide for. Amends sec. 2, 6, 7 & 12 of 1993 PA 327 (MCL 205.422 et seq.).H.B. 4295 of 2021House Introduced BillMedical marihuana: licenses; eligibility for medical marihuana license; modify. Amends sec. 402 of 2016 PA 281 (MCL 333.27402).H.B. 4321 of 2021House Introduced BillMedical marihuana: other; rule prohibiting medical marihuana businesses from donating to nonprofit organizations; prohibit marijuana regulatory agency from promulgating. Amends sec. 206 of 2016 PA 281 (MCL 333.27206).H.B. 4322 of 2021House Introduced BillMarihuana: other; rule prohibiting marihuana businesses from donating to nonprofit organizations; prohibit marijuana regulatory agency from promulgating. Amends sec. 8 of 2018 IL 1 (MCL 333.27958).H.B. 4373 of 2021House Introduced BillAppropriations: other; executive recommendation; provide for omnibus bill. Creates appropriation act.H.B. 4516 of 2021House Introduced BillMarihuana: liability; sale of marihuana to an individual who is younger than 21 years of age or visibly intoxicated; prohibit, and create cause of action for harm that the individual causes. Amends 2018 IL 1 (MCL 333.27951 – 333.27967) by adding sec. 11a. TIE BAR WITH: HB 4517’21H.B. 4517 of 2021House Introduced BillMarihuana: other; definition of industrial hemp; modify. Amends sec. 3 of 2018 IL 1 (MCL 333.27953). TIE BAR WITH: HB 4516’21H.B. 4608 of 2021House Introduced BillMedical marihuana: other; use of billboards to advertise medical marihuana; prohibit. Amends secs. 102 & 206 of 2016 PA 281 (MCL 333.27102 & 333.27206) & adds sec. 506.H.B. 4609 of 2021House Introduced BillMarihuana: advertising; use of billboards to advertise marihuana; prohibit. Amends secs. 3, 8 & 11 of 2018 IL 1 (333.27953 et seq.).H.B. 4727 of 2021House Introduced BillCrimes: intoxication or impairment; operating motor vehicle with 5 or more nanograms per milliliter of blood; prohibit. Amends sec. 625 of 1949 PA 300 (MCL 257.625).H.B. 4740 of 2021House Introduced BillMarihuana: other; certain definitions in the Medical marihuana facilities licensing act; modify. Amends sec. 102 of 2016 PA 281 (MCL 333.27102).H.B. 4741 of 2021House Introduced BillMarihuana: other; certain definitions in the industrial hemp growers act; modify. Amends sec. 103 of 2020 PA 220 (MCL333.29103).H.B. 4742 of 2021House Introduced BillMarihuana: other; certain definitions in the marihuana tracking act; modify. Amends sec. 2 of 2016 PA 282 (MCL 333.27902).H.B. 4744 of 2021House Introduced BillMarihuana: other; certain definitions in the industrial hemp research and development act; modify. Amends sec. 2 of 2014 PA 547 (MCL 286.842).H.B. 4745 of 2021House Introduced BillMarihuana: other; certain definitions in the Michigan Medical Marihuana Act; modify. Amends sec. 3 of 2008 IL 1 (MCL 333.26423).H.B. 4746 of 2021House Introduced BillLiquor: other; definition of marihuana in the liquor control code; modify. Amends sec. 914b of 1998 PA 58 (MCL 436.1914b).H.B. 4796 of 2021House Introduced BillEducation: other; students to be treated with marihuana-infused products and CBD products during school; allow. Amends 1976 PA 451 (MCL 380.1 – 3801852) by adding sec. 1182. TIE BAR WITH: HB 4797’21H.B. 4797 of 2021House Introduced BillEducation: other; students to be treated with medical marihuana and CBD products during school; allow. Amends secs. 4 & 7 of 2008 IL 1 (MCL 333.26424 & 333.26427). TIE BAR WITH: HB 4796’21 Michigan Legislature (Michigan Criminal Law) DocumentTypeDescriptionSection 333.7214SectionSchedule 2; controlled substances included.Section 333.7335SectionRepealed. 2013, Act 268, Imd. Eff. Dec. 30, 2013.Section 333.7336SectionRepealed. 2013, Act 268, Imd. Eff. Dec. 30, 2013.Section 333.7401SectionManufacturing, creating, delivering, or possessing with intent to manufacture, create, or deliver controlled substance, prescription form, or counterfeit prescription form; dispensing, prescribing, or administering controlled substance; violations; penalties; consecutive terms; discharge from lifetime probation; “plant” defined.Section 333.7401cSectionManufacture of controlled substance; prohibited acts; violation as felony; exceptions; imposition of consecutive terms; court order to pay response activity costs; definitions.Section 333.7410SectionViolations by individual 18 years of age or over who violates MCL 333.7401; distribution of marihuana; penalties; definitions.Section 333.7411SectionPossession or use of controlled substance or imitation controlled substance; probation; terms and conditions; violation; discharge and dismissal; deferral of proceedings; nonpublic record of arrest, court proceedings, and disposition; nonpublic record open to certain individuals and entities; purposes; course of instruction or rehabilitation program; conviction of second violation; screening and assessment; costs.Section 333.7413SectionConviction of second or subsequent violation; penalty.Section 333.7416SectionRecruiting, inducing, soliciting, or coercing minor to commit felony; penalties; exception.Section 333.7451Section“Drug paraphernalia” defined.Section 333.8105SectionDefinitions; M to P.Section 333.8107SectionDefinitions; Q to T.Section 333.8109SectionManufacturing, distributing, prescribing, or dispensing pharmaceutical-grade cannabis; license required.Section 333.8115SectionRules.Section 333.8152SectionEnhanced pharmaceutical-grade cannabis card; issuance by department; conditions; surrender of registry identification card.Section 333.8303SectionRecords; notification; prohibited acts; destruction of marihuana determined not pharmaceutical-grade cannabis; standards; manner of irradiation.Section 333.8307SectionOperation.Section 333.18817SectionUse of marihuana or industrial hemp. 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