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  1. The plan which went into effect at midnight on Monday, use and possession of marijuana in small amounts in personal homes is not an offense. Possession in public of amounts for personal use will result in a fine of about $275 for a first time offense and double for the second offense. A third offense within seven years will trigger a criminal investigation, or loss of driver’s or gun license. Personal use is defined by the country’ Anti-Drug Authority as about 15 grams, though the reform legislation does not name a specific amount. Those with permission to possess cannabis for medical use must be able to present their license to police if confronted in public. The plan was adopted in 2017 by Knesset after the recommendations of a panel set up by Public Security Minister Gilad Erdan. The reform legislation is temporary and will last three years, at which point the Knesset can decide to make it permanent. Israel had already increased the number of doctors who can write prescriptions for medical cannabis, removed limits on the number of marijuana growers, made cannabis available at public pharmacies, and made it possible to receive medical cannabis with just a doctor’s prescription. The new marijuana reform does not apply to soldiers, minors, or those with a criminal record. Minors will, however, be directed to rehabilitation programs as opposed to entering the criminal justice system. The post ISRAEL TO PARTIALLY DECRIMINALIZE MARIJUANA POSSESSION appeared first on Komorn Law. View the full article
  2. Michigan officials are informing citizens that food and drinks with CBD oil aren’t legal yet. CBD is the new thing in the health alternative market. After Proposal 1 passed in Michigan which legalized adult-use marijuana and industrial hemp as well as the 2018 U.S. Farm Bill which legalized hemp nationwide there has been a rise of products made with CBD. “The whole scheme is fascinating. It doesn’t make the subject matter into an illegality,” said Michael Komorn, a lawyer and president of the Michigan Medical Marijuana Association. “It’s a not a crime, it’s a regulatory fine. You won’t get arrested, but it may prevent you from getting a license to do that in the future.” Michigan’s Department of Agriculture and Rural Development is waiting on the federal government to write its hemp program regulations before it comes up with its own rule set — and that won’t happen until 2020. “It won’t be until 2020 until a state government can have a state plan for raising industrial hemp in their state,” said James Averill, deputy director for MDARD. However, a mechanism in the 2014 Farm Bill that allows farmers to grow industrial hemp by working with universities or with state departments of agriculture — and Averill said Michigan is considering a way to help farmers plant hemp sooner rather than later. “For putting seed in the ground this year — we have to work off the 2014 Farm Bill and that is a conversation that we’re continuing to have with the administration,” Averill said. Previously, U.S. Drug Enforcement Administration requirements made the state’s direct involvement to authorize hemp farmers difficult. The 2018 Farm Bill changed that, Averill said. LARA RELEASE 3/29/19 Michigan Offers Guidance on CBD and Industrial Hemp March 29, 2019 – The Bureau of Marijuana Regulation (BMR) and the Michigan Dept of Agriculture & Rural Development (MDARD) issued joint guidance today regarding CBD (cannabidiol) and industrial hemp. From the Bureau of Marijuana Regulation: CBD products produced from marijuana will not be regulated as marijuana if the THC content is below 0.3%. Edible marijuana products containing CBD made by licensed processors may only be produced using CBD obtained from regulated sources. Currently, these regulated sources include state of Michigan licensed growers or processors under the MMFLA. BMR is in the process of writing administrative rules under the MMFLA and MRTMA to determine the methods for industrial hemp grown under the Industrial Hemp Research and Development Act to be transferred to licensed marijuana facilities. Until the administrative rules are written, there is no authorized method for licensed facilities to obtain industrial hemp. Only facilities licensed by the Bureau of Marijuana Regulation (BMR) under the MMFLA can commercially grow, process, and sell marijuana and marijuana products. BMR does not regulate marijuana or marijuana products grown or produced by registered qualifying patients or designated primary caregivers under the MMMA or individuals over 21 for personal use under the MRTMA. From the Michigan Department of Agriculture and Rural Development: Any product derived from industrial hemp with a THC concentration above 0.3% is classified as marijuana and regulated under the laws that apply to those products through the Michigan Department of Licensing and Regulatory Affairs. Products derived from industrial hemp, including CBD oil, fall under several different categories. Any substances that will be added to food or drink or marketed as dietary supplements must first be approved by the U.S. Food and Drug Administration for that intended use. At this time, the FDA has not approved CBD for use in food or drink or as a dietary supplement. Therefore, it’s currently illegal to add CBD into food products or drinks or sell it as dietary supplements. GRAS (Generally Regarded As Safe) is a list of substances that the FDA considers safe to add to food. Hulled hemp seeds, hemp seed protein and hemp seed oil are considered GRAS, as of 12/20/18. CBD is currently not considered GRAS, as of 3/29/19. In Michigan, any food production falls under the Michigan Food Law and the licensing requirements within the law. Growing industrial hemp will require a license from the Michigan Department of Agriculture and Rural Development (MDARD). MDARD is in the process of developing a licensing program for growers to meet the requirements of both state and federal laws to allow interstate commerce of the plants. Definitions Marihuana (legal term) or Marijuana (common term): the plant Cannabis sativa L. with delta-9-THC concentrations above 0.3%. Includes products made from the marijuana plant, but excludes stalks, products made from the stalks, and some products made from seeds. Industrial Hemp: the plant Cannabis sativa L. with delta-9-THC concentrations below 0.3%. Includes products made from the industrial hemp plant. CBD (Cannabidiol): a substance derived from cannabis plants that does not have psychoactive effects. The post 400 plus Michigan communities opt out of recreational cannabis businesses. appeared first on Komorn Law. View the full article
  3. Michigan officials are informing citizens that food and drinks with CBD oil aren’t legal yet. CBD is the new thing in the health alternative market. After Proposal 1 passed in Michigan which legalized adult-use marijuana and industrial hemp as well as the 2018 U.S. Farm Bill which legalized hemp nationwide there has been a rise of products made with CBD. “The whole scheme is fascinating. It doesn’t make the subject matter into an illegality,” said Michael Komorn, a lawyer and president of the Michigan Medical Marijuana Association. “It’s a not a crime, it’s a regulatory fine. You won’t get arrested, but it may prevent you from getting a license to do that in the future.” However, a mechanism in the 2014 Farm Bill that allows farmers to grow industrial hemp by working with universities or with state departments of agriculture — and Averill said Michigan is considering a way to help farmers plant hemp sooner rather than later. “For putting seed in the ground this year — we have to work off the 2014 Farm Bill and that is a conversation that we’re continuing to have with the administration,” Averill said. Previously, U.S. Drug Enforcement Administration requirements made the state’s direct involvement to authorize hemp farmers difficult. The 2018 Farm Bill changed that, Averill said. LARA RELEASE 3/29/19 Michigan Offers Guidance on CBD and Industrial Hemp March 29, 2019 – The Bureau of Marijuana Regulation (BMR) and the Michigan Dept of Agriculture & Rural Development (MDARD) issued joint guidance today regarding CBD (cannabidiol) and industrial hemp. From the Bureau of Marijuana Regulation: CBD products produced from marijuana will not be regulated as marijuana if the THC content is below 0.3%. Edible marijuana products containing CBD made by licensed processors may only be produced using CBD obtained from regulated sources. Currently, these regulated sources include state of Michigan licensed growers or processors under the MMFLA. BMR is in the process of writing administrative rules under the MMFLA and MRTMA to determine the methods for industrial hemp grown under the Industrial Hemp Research and Development Act to be transferred to licensed marijuana facilities. Until the administrative rules are written, there is no authorized method for licensed facilities to obtain industrial hemp. Only facilities licensed by the Bureau of Marijuana Regulation (BMR) under the MMFLA can commercially grow, process, and sell marijuana and marijuana products. BMR does not regulate marijuana or marijuana products grown or produced by registered qualifying patients or designated primary caregivers under the MMMA or individuals over 21 for personal use under the MRTMA. From the Michigan Department of Agriculture and Rural Development: Any product derived from industrial hemp with a THC concentration above 0.3% is classified as marijuana and regulated under the laws that apply to those products through the Michigan Department of Licensing and Regulatory Affairs. Products derived from industrial hemp, including CBD oil, fall under several different categories. Any substances that will be added to food or drink or marketed as dietary supplements must first be approved by the U.S. Food and Drug Administration for that intended use. At this time, the FDA has not approved CBD for use in food or drink or as a dietary supplement. Therefore, it’s currently illegal to add CBD into food products or drinks or sell it as dietary supplements. GRAS (Generally Regarded As Safe) is a list of substances that the FDA considers safe to add to food. Hulled hemp seeds, hemp seed protein and hemp seed oil are considered GRAS, as of 12/20/18. CBD is currently not considered GRAS, as of 3/29/19. In Michigan, any food production falls under the Michigan Food Law and the licensing requirements within the law. Growing industrial hemp will require a license from the Michigan Department of Agriculture and Rural Development (MDARD). MDARD is in the process of developing a licensing program for growers to meet the requirements of both state and federal laws to allow interstate commerce of the plants. Definitions Marihuana (legal term) or Marijuana (common term): the plant Cannabis sativa L. with delta-9-THC concentrations above 0.3%. Includes products made from the marijuana plant, but excludes stalks, products made from the stalks, and some products made from seeds. Industrial Hemp: the plant Cannabis sativa L. with delta-9-THC concentrations below 0.3%. Includes products made from the industrial hemp plant. CBD (Cannabidiol): a substance derived from cannabis plants that does not have psychoactive effects. The post Michigan Officials-Adding CBD oil to food and drinks is illegal. appeared first on Komorn Law. View the full article
  4. LARA and Michigan Marijuana Regulation – Alerts – Bulletins – Public Hearings. Public Health and Safety Bulletins Public Health and Safety Advisory Utopia Gardens 2-26-2019 Public Health and Safety Advisory 664 Vassar LLC Elite Wellness Vassar Updated 2-26-2019 Public Health and Safety Advisory HG Lansing Updated 2-11-2019 Public Health and Safety Advisory CCBD Updated 2-11-2019 Public Health and Safety Advisory Kenzy Consulting Inc The Patient Station Updated 2-11-2019 Public Health and Safety Advisory TGMD Updated 2-11-2019 Public Health and Safety Advisory Indica LLC Updated 2-11-2019 Public Health and Safety Advisory 1-4-19: Voluntary Recall BMR Advisory Bulletins Intellectual Property – Brands and Recipes Bureau of Fire Services Marijuana Plan Review Checklist Visiting Qualifying Patients: Out of State Registration – Updated 3/12/2019 Purchasing Limits Maximum THC Levels for Marijuana-Infused Products – Updated Michigan Department of Treasury: Notice to Taxpayers Regarding the Michigan Regulation and Taxation of Marihuana Act Updated Consent Form for the Sale or Transfer of Untested Marihuana Product Recent Changes to Marijuana Laws Notifications of Diversion, Theft, Loss, or Criminal Activity Medical Marijuana Facility Temporary Operation Set to End on December 31, 2018 Updated Universal Symbol THCA Crystals/Diamonds Caregiver and Patient Status Requirements for Certain Licensed Facilities Protecting Water Resources When Growing and Processing Marihuana Clarification Regarding Chairman Johnson’s Statement at Today’s Medical Marihuana Licensing Board Meeting 30-Day Transition Period Regulatory Assessment FY 2019 September Emergency Rules Transition Edible Marihuana Products Bulletin Health and Safety Guidance for Medical Marihuana Facilities Processor Reminders Bulletin Facility Reporting Requirements Regarding Hazardous Materials Application Process Grower Gas Detection System and Fumigation Processor Gas Detection System Criminal History Disclosure CPA Attestation Statement of Money Lender Form License Stacking for Class C Growers Co-Location of Medical Marihuana Facilities Registered Caregivers/Patients Transition to Facility Licensee/Employee Local and State Fees Licensee Capitalization Requirements and Proof of Financial Responsibility Public Act update and Sample Collection Required Marihuana Product Testing Points License Application Process Municipal Authorization of Marihuana Facilities Continued Operation with Local Authorization Application Document Checklist LARA Tips For Licensees In Person Metrc Training March 18th and 19th LARAs Tips Testing Requirements for Production Products and Package RFID Tags – Updated Criminal Background Checks and METRC Requirements for Facility Employees Tips for Licensees Fire-Rated Separations Important Metrc Training Info Beginning Inventory Guidelines for Michigan Tips for Licensees 7-6-2018 Tips for Licensees Lara News Releases March 11 LARA Approves Cerebral Palsy as a Debilitating Medical Condition for Medical Marijuana Patients 06 LARA Recommendation Ensures Safe Medical Marijuana Supply in Michigan February 26 BMR Recalls Marijuana Product in Detroit, Adds One Product to Vassar Recall 25 LARA Seeks Participants for Adult-Use Marijuana Stakeholder Workgroups 12 Proposed Medical Marijuana Rule Changes Reduce Application Fee, Eliminate Other Fees 11 BMR Updates Public Health and Safety Advisory Bulletins, Adds Two Products to Detroit Marijuana Product Recall 06 Nine Marijuana Products Recalled from Elite Wellness in Vassar 04 LARA Updates Marijuana Guidelines for Active Ingredients, Safety Tests, and Remediation Protocols 01 Thirteen Marijuana Products Recalled from The Patient Station in Ypsilanti January 30 Online Options Expanded for Michigan’s Medical Marijuana Patients 18 Marijuana Products Recalled in Ypsilanti 15 Medical Marijuana Patients Protected Under LARA Recommendation Regarding Temporary Operating Facilities 11 Marijuana Products Recalled in Lansing 11 Marijuana Products Recalled in Detroit and Kalamazoo 04 LARA Issues Health and Safety Advisory Regarding Voluntary Recall of Marijuana Products Technical Bulletins 02-04-2019 Safety Compliance Facility Sampling and Testing Information – Updated 02-22-2019 Technical Bulletin – Retesting and Remediation Updated 02-04-2019 Department Banned Chemical Active Ingredients – Updated 02-04-2019 Department Approved Active Ingredients for Growers – Updated Clarification on the use of term “dispensary” for Provisioning Centers Grower Inspection Guide Provisioning Center Inspection Guide Processor Inspection Guide Secure Transporter Inspection Guide Safety Compliance Facility Inspection Guide The post LARA and Michigan Marijuana Regulation – Alerts – Bulletins – Public Hearings appeared first on Komorn Law. View the full article
  5. Amid concerns about minority businesses being left out and general frustration with the pace at which Michigan is moving on both the medical and recreational marijuana fronts, a group of organizations with marijuana business interests is preparing legislation they hope will make significant changes in how the market will operate. Their sweeping proposal — which will face a tough climb in the Legislature because some changes would require a super-majority vote — would make the “gifting” of marijuana illegal; fundamentally change the caregiver system that has been in place since 2008 when voters legalized marijuana for medical use; reimpose the 3 percent excise tax on medical marijuana that ended on March 6; allow medical marijuana dispensaries to begin immediately selling marijuana for adult recreational use; require people who grow their own marijuana to register any heavy equipment they use with their local community, and allow unlicensed dispensaries to continue to operate through the end of the year. “We’re not trying to circumvent how recreational will operate,” said Eric Foster, a consultant with Banks & Company in Southfield, which has a number of marijuana business clients. “We’re just trying to accelerate the market and address some of the concerns from local government.” Besides Banks & Company, the groups involved in developing the bills are the Florida-based Minorities for Medical Marijuana; Cannas Capital, a Muskegon insurance and investment agency that specializes in cannabis businesses; Michigan Economic Stimulus Fund, a Kalamazoo-based cannabis consulting firm and the Lake Newaygo County chapter of the NAACP. Applicants for marijuana business licenses have been frustrated by the pace and inconsistency in action taken by the state Medical Marijuana Licensing Board. Since the state started awarding licenses last summer, only 121 licenses have been approved. Of those license approvals, 105 — 31 growers, 11 processors, 54 dispensaries, four testing labs and 5 transporters — have paid their state regulatory assessments and actually been awarded licenses. The state has denied 41 license applications, as well as 125 applications seeking preliminary approval. Minority groups have especially been worried that they’ll be left out of the lucrative market. The state doesn’t keep statistics on the demographics of people who have been granted or denied licenses, but many Detroit-based marijuana businesses have been denied licenses. The organizations have one potential sponsor in the legislature and is looking for others. Rep. Ronnie Peterson, D-Ypsilanti, has met with the group and is interested in sponsoring some aspects of the proposal, but said there are other areas that need to be addressed too that aren’t included in the initial plan. “How do the communities benefit from these businesses beyond the taxes? And we still have no legislation dealing with banking and community reinvestment programs,” he said, referring to the fact that the marijuana business is almost all done in cash, because the federal government still considers marijuana an illegal substance and banks don’t want to risk their license by accepting proceeds from pot sales. Sen. Jeff Irwin, D-Ann Arbor, was involved in developing and campaigning for the November ballot proposal that voters approved, legalizing marijuana for adult recreational use. He doesn’t think the legislation has much of a chance in the Legislature. First, several aspects would need super-majority votes from ¾ of both the House and Senate because the bills would change voter-approved proposals, including getting rid of the current caregiver system from the 2008 medical marijuana ballot proposal and eliminating the “gifting” services that have popped up since the legal weed proposal passed last year. And second, he said, such sweeping changes are premature. “The citizens just overwhelming passed Proposal 1,” Irwin said. “I think we have an obligation to the citizens to let it work and see how it works before we start talking about changing it.” He also questions the motives of those pushing the legislation. “There is a certain group of deep-pocketed people and people from out of state who are already invested in the cannabis industry who want the Legislature to build a little walled garden so that they can make a lot of money off of Michigan consumers,” he said. “Anytime you have the Legislature trying to rope off an industry for a small group of people, I find that very dangerous.” Some lawmakers tried to change the marijuana legalization law after the election, by outlawing home-grown marijuana, but the measure never came close to having enough support and never got a vote. Medical marijuana caregivers would go away The biggest change would be scrapping the caregiver system, which was created after the 2008 vote to legalize medical marijuana and allows each registered caregiver to grow up to 72 plant for six medical marijuana cardholders. The proposal would get rid of that category in favor of less expensive transitional licenses for smaller marijuana grow operations, and potentially open the market up to more minority business owners. In Michigan, there are more than nearly 293,000 medical marijuana cardholders and 41,440 registered caregivers. The caregivers have been selling their excess marijuana to dispensaries, but after March 31, the caregivers will only be able to sell their overages to licensed growers and processors. Peterson said it would be beneficial to allow caregivers to more easily transition to the licensed market without having the same regulatory expenses – a $6,000 state application fee, a $10,000 regulatory assessment and the ability to show $250,000 in assets. “These small shops should be able to compete with some type of entry level license because having to show $250,000 or a half a million in assets isn’t fair.” Irwin said, however, that the November ballot proposal already created another class of license for “micro businesses,” that don’t carry the same large expenses. This proposal would require a ¾ vote because it changes the 2008 ballot proposal on medical marijuana. The proposed legislation would also allow unlicensed dispensaries that are awaiting a license from the state to continue to operate through the end of 2019. But those dispensaries, which have faced a variety of deadlines to get a license or shut down, are now facing a hard March 31 deadline. 3 percent excise tax would be revived Foster said the 3 percent excise tax on medical marijuana should be reinstated as an incentive to communities to allow legal medical weed businesses in their towns because a portion of those revenues would come back to the communities. The language to remove the tax was included in the Legislature’s 2016 laws that regulated and taxed medical marijuana and stipulated that if recreational marijuana was legalized, the excise tax on medical marijuana would disappear. Medical marijuana is still subject to the state’s 6 percent sales tax. When recreational marijuana becomes commercially available for sale early next year, it will carry a 10 percent excise tax, along with the 6 percent sales tax. Irwin said it will be a hard sell to convince lawmakers to reimpose a tax on those using medical marijuana. ‘Gifting’ of marijuana would be eliminated In an attempt to tamp down the black market for marijuana, the proposed package would make “gifting” of marijuana illegal. Under the November ballot proposal, individuals can grow up to 12 plants for their personal use. They can give that product away, but not sell it. As a result, “gifting” services, which skirt the letter of the law, have cropped up across Michigan in which a person can pay $55 or more for a muffin and some juice or a T-shirt and get a gram of marijuana or a vape cartridge as a gift. This also will need a ¾ vote in the Legislature because it changes a provision of the November ballot proposal. Recreational marijuana sales would start immediately The state has until December to come up with the rules and regulations that will govern the recreational marijuana market and then begin to accept applications for licenses for marijuana businesses. But under the legislation that’s being drafted, medical marijuana dispensaries would be able to immediately begin selling recreational marijuana to people 21 and older, even before the regulations are developed by the state, Foster said. That could pose problems for the state. In other states where recreational marijuana is legal, there are different standards and dosages for medical and recreational marijuana. Those standards haven’t been developed yet for the recreational market in Michigan. Citing safety concerns, Peterson said he’s in favor of another provision in the proposed package that would require home growers to register any heavy equipment they use to grow marijuana with their local community. “Particularly in urban cities, you could have five or six people growing in one block,” he said. “I’m very concerned about that.” Foster said the bills are expected to be drafted and introduced in the next couple of weeks once sponsors have been identified. The state Department of Licensing and Regulatory Affairs is taking a wait and see attitude on the proposals. “We appreciate and evaluate input offered from all stakeholders,” said LARA spokesman David Harns. “If the proposal is introduced into the legislative system, we’ll take an in-depth look into it at that time.” Kathleen Gray covers the marijuana industry for the Detroit Free Press. Contact her: 313-223-4430, kgray99@freepress.com or on Twitter @michpoligal. ——- Let the circle of greed and control begin to close to completion. The post New Michigan marijuana proposal: What would change if it passes appeared first on Komorn Law. View the full article
  6. 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
  7. 8.8 Immunity and Protected Activities The Medical Marihuana Facilities Licensing Act (MMFLA) creates a state licensing system that provides licensees, certified public accountants, and financial institutions with immunity from prosecution for MMFLA-compliant marijuana-related activities. The MMFLA licenses and regulates medical marihuana growers, processors, provisioning centers, secure transporters, and safety compliance facilities. The MMFLA “does not limit the medical purpose defense provided in . . .MCL 333.26428 . . . to any prosecution involving marihuana.” MCL333.27204. A. Licensee Immunity “Except as otherwise provided in [the MMFLA], if a person has been granted a state operating license and is operating within the scope of the license, the licensee and its agents are not subject to any of the following for engaging in activities described in [MCL333.27201(2)]: (a) Criminal penalties under state law or local ordinances regulating marihuana. (b) State or local criminal prosecution for a marihuana related offense. (c) State or local civil prosecution for a marihuana related offense. (d) Search or inspection, except for an inspection authorized under this act by law enforcement officers, the municipality, or the department. (e) Seizure of marihuana, real property, personal property, or anything of value based on a marihuanarelated offense. (f) Any sanction, including disciplinary action or denial of a right or privilege, by a business or occupational or professional licensing board or bureau based on a marihuana-related offense.” MCL 333.27201(1). B. Protected Activities “The following activities are protected under [MCL 333.27201(1)] if performed under a state operating license within the scope of that license and in accord with [the MMFLA], rules, and any ordinance adopted under [MCL 333.27205294]: (a) Growing marihuana. (b) Purchasing, receiving, selling, transporting, or transferring marihuana from or to a licensee, a licensee’s agent, a registered qualifying patient, or a registered primary caregiver. (c) Possessing marihuana. (d) Possessing or manufacturing marihuana paraphernalia for medical use. (e) Processing marihuana. (f) Transporting marihuana. (g) Testing, transferring, infusing, extracting, altering, or studying marihuana. (h) Receiving or providing compensation for products or services.” MCL 333.27201(2). C. Immunity for Owners and Lessors of Real Property “Except as otherwise provided in [the MMFLA], a person who owns or leases real property upon which a marihuana facility is located and who has no knowledge that the licensee violated [the MMFLA] is not subject to any of the following for owning, leasing, or permitting the operation of a marihuana facility on the real property: (a) Criminal penalties under state law or local ordinances regulating marihuana. (b) State or local civil prosecution based on a marihuana-related offense. (c) State or local criminal prosecution based on a marihuana-related offense. (d) Search or inspection, except for an inspection authorized under this act by law enforcement officers, the municipality, or the department. (e) Seizure of any real or personal property or anything of value based on a marihuana-related offense. (f) Any sanction, including disciplinary action or denial of a right or privilege, by a business or occupational or professional licensing board or bureau.” MCL333.27201(3). D. Immunity for Certified Public Accountants “Except as otherwise provided in [the MMFLA], a certified public accountant who is licensed under article 7 of the occupational code, . . . MCL 339.720 to [MCL] 339.736, is not subject to any of the following for engaging in the practice of public accounting as that term is defined in . . . MCL 339.720, for an applicant or licensee who is in compliance with [the MMFLA], rules, and the Michigan medical marihuana act: (a) Criminal penalties under state law or local ordinances regulating marihuana. (b) State or local civil prosecution based on a marihuana-related offense. (c) State or local criminal prosecution based on a marihuana-related offense. (d) Seizure of any real or personal property or anything of value based on a marihuana-related offense. (e) Any sanction, including disciplinary action or denial of a right or privilege, by a business or occupational or professional licensing board or bureau based on a marihuana-related offense.” MCL 333.27201(4). E. Immunity for Financial Institutions “Except as otherwise provided in [the MMFLA], a financial institution is not subject to any of the following for providing a financial service to a licensee under [the MMFLA]: (a) Criminal penalties under state law or local ordinances regulating marihuana. (b) State or local civil prosecution based on a marihuana-related offense. (c) State or local criminal prosecution based on a marihuana-related offense. (d) Seizure of any real or personal property or anything of value based on a marihuana-related offense. (e) Any sanction, including disciplinary action or denial of a right or privilege, by a business or occupational or professional licensing board or bureau based on a marihuana-related offense.” MCL 333.27201(5). The post Medical Marihuana Facilities Licensing Act (MMFLA)-8.8 Immunity and Protected Activities appeared first on Komorn Law. View the full article
  8. 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
  9. 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
  10. 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
  11. 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
  12. 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
  13. 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
  14. 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
  15. 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
  16. 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
  17. 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
  18. 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
  19. 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
  20. 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
  21. 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
  22. In handing out a harsh sentence to a driver who smoked marijuana before she collided with a motorcyclist and killed him, Judge Rosemarie Aquilina is making an example of her. The lesson: Don’t smoke weed and drive. Problem is, in Michigan, it’s unclear what that lesson means. Marijuana is now legal, but any amount in a driver’s system could be considered intoxication under the current law. The sentence given to Logan Brooke Turner, 21, of Dimondale, underscores what’s at stake. Aquilina handed her a minimum of nearly six years in prison for operating while intoxicated, causing the death of motorcyclist Blair Beck, 21. Turner admits smoking marijuana the day of the crash, but her attorney, Lucas Dillon, argued she had no signs of intoxication beyond a blood test. A jury wasn’t convinced and convicted her after a four-day trial. Dillon said Turner was prepared for a one- or two-year minimum sentence. Seventy months was stunning. “We were basically outraged and shocked by the sentence,” he said. “I think it’s completely out of line.” The judge’s sentence went beyond the five years sought by prosecutors — the same amount of time they argued that it would have taken Blair Beck to meet a girl and start a family, travel cross county with his dad on motorcycles or finish his education. Recreational marijuana was illegal at the time Turner caused Beck’s death but legal by the time a jury found her guilty. Dillon, who is not a marijuana advocate, said the case points to the need for Michigan to better define impairment, especially now that it’s legal. “People are going to be driving around all the time with weed in their system. That doesn’t mean that they’re high,” he said. As my colleague Kara Berg has reported, how laws against driving while high are enforced depends on who is doing the enforcement. She spoke with nine prosecutors for a December report and found almost as many answers. ”Michigan has a zero tolerance law for drivers with certain narcotics in their system, such as cocaine, marijuana and heroin. That hasn’t changed with the legalization of recreational marijuana. “Or maybe it has, depending on who you ask,” she wrote. Some prosecutors said evidence of intoxication, such as swerving while driving or failing a sobriety test, is needed in addition to evidence of tetrahydrocannabinol, or THC, the active ingredient in marijuana. Others said THC alone was enough. Some clarity on marijuana intoxication may be in the offing. An Impaired Driving Safety Commission, appointed in 2016 by then-Gov. Rick Snyder, has been working to make recommendations to the governor and Legislature on legal marijuana intoxication levels. A report is due out in March. Michigan State University Professor Norbert Kaminski, director of the Institute for Integrative Toxicology, is a member of the task force. He said recommendations are being finalized. “Certainly, the commission is wanting an appropriate and fair way to judge whether people are impaired,” he said. In Turner’s case, she had 5 nanograms of THC, the same amount of marijuana that constitutes impairment in states that have a set limit, including Colorado, a state with a high threshold for impairment. So she may have been found guilty even under well-thought-out, reasonable standards, though Dillon said evidence was submitted that Turner smoked after the accident and before she was taken into police custody for testing. The sentence is tougher than some convictions for drunk driving that led to deaths. Dillon cited the sentence of Cleveland Browns wide receiver Donte’ Stallworth to 30 days in jail for killing a pedestrian while driving drunk in Florida in 2009 as a contrast to Turner’s 70-month sentence. That’s in another state, under another set of laws. More locally, a Mason man driving while intoxicated who hit and killed a pedestrian, was given a one-year sentence in 2016. Years ago, I heard a prison reform advocate describe how we should save our prison space for those people we are afraid of, not people we’re mad at. The reason? Prison is expensive, and we should use our resources wisely. That makes Aquilina’s lesson a pricey one. And nearly six years of prison seems much more like anger than fear. Related: Are you too high to drive? That’ll depend on where you get pulled over The post Judge makes an example of marijuana user who killed a motorcyclist appeared first on Komorn Law. View the full article
  23. (WXYZ) — They are called Child Abuse Pediatricians, and they say their mission is to protect children. However, local parents, attorneys and even some doctors say some of these specialists are tearing families apart. The Parker family says they were emotionally and financially devastated after a false accusation of child abuse. Their lawyer says she’s had to fight against the same Child Abuse Pediatrician who accused the Parkers about 20 times, and they want to warn other families. Allie and Jimmy Parker are grateful for every second with their children, Isabella and Dylan. Last April, Child Protective Services workers took both babies from the Westland couple because one pediatrician accused them of abusing 6-week-old Dylan. “I said why can’t we get a second opinion, why is this one physician’s opinion the end all be all to your decision to terminate our parental rights,” Allie said, adding that it was just how things go because the doctor was the expert. The Parkers are talking about Child Abuse Pediatrician Bethany Mohr from the University of Michigan’s C. S. Mott Children’s Hospital. They’re not the only family who says Dr. Mohr’s accusation of child abuse tore their family apart. “It’s been the hardest thing I’ve ever been through in my life,” said Josh Burns in 2015, after he was accused of abusing his daughter. “I went to what I was told was the best children’s hospital in the state of Michigan,” said a mother who talked to us on the condition of anonymity out of fear that allegations would be reinstated. “They turned it all around on me. Blamed me for every part of it.” Read more and watch the WXYZ news report here. IF YOU HAVE BEEN ACCUSED OF CHILD ABUSE DUE TO MEDICAL MARIJUANA USE OR OTHER REASONS – CALL KOMORN LAW (800-656-7557) OTHER STUFF ANYHOW...Here is some information from the Council of Pediatricians Subspecialties…Ironically using the acronym CoPS. SUB-SPECIALTY PEDIATRICS INVESTIGATOR NETWORK… Ironically using the acronym (SPIN). What does a Child Abuse Pediatrician do? Child Abuse Pediatricians are responsible for the diagnosis and treatment of children and adolescents who are suspected victims of any form of child maltreatment. This includes physical abuse, sexual abuse, factitious illness (medical child abuse), neglect, and psychological/emotional abuse. Child Abuse Pediatricians participate in multidisciplinary collaborative work within the medical, child welfare, law enforcement, and judicial arenas as well as with a variety of community efforts. Child Abuse Pediatricians are often called to provide expert testimony in the court systems. This field offers the opportunity for involvement and leadership roles in community, regional and national advocacy, and in prevention efforts and public policy. What are the career opportunities? Most Child Abuse Pediatricians practice in academic settings and are responsible for patient care, teaching and research within an academic health center. However, there are other Child Abuse Pediatricians who practice in solely clinical settings such child advocacy centers, community hospitals and clinics. What Board, if any, certifies Child Abuse Pediatrics? Child Abuse Pediatric Boards are administered by the American Board of Pediatrics. Certification in General Pediatrics and completion of Child Abuse Pediatrics fellowship training are required for eligibility to take the subspecialty board examination. What is the lifestyle of a Child Abuse Pediatrician? Personal time and family life are essential to all physicians. Most Child Abuse Pediatricians balance the workload and stress of complex medical care with fulfilling personal life. Patient care, court testimony, teaching, research and administrative responsibilities vary depending on the specific position. In most centers, that ability to teach and conduct research provides academic enrichment that leads to a rewarding and balanced career and lifestyle. What is the compensation of a Child Abuse Pediatrician? Compensation is comparable to other academic pediatric subspecialties, but will vary depending on the geographic region, institution and specific responsibilities. How do I become a Child Abuse Pediatrician? Child Abuse Pediatrics training includes three years of fellowship training in an accredited Child Abuse Pediatrics fellowship program. Fellowship training includes medical evaluations of children with manifestations of acute and chronic child maltreatment, as well as children with a broad range of other diagnoses. The trainee develops expertise in determining non-accidental trauma and other forms of maltreatment by developing excellent diagnostic expertise and knowledge of various disorders which may mimic child maltreatment. Training will include mandatory reporting laws, legal proceedings, child abuse and family violence prevention, teaching opportunities, and clinical research. Where do I find out about available programs? Information about Child Abuse Pediatrics training programs is available on The Ray Helfer Society and ACGME websites, as well as FREIDA and ERAS websites. Child Abuse Pediatrics participates in the National Residency Matching Program (NMPR) Pediatric Subspecialties Fall Match. Applications through ERAS occur in July and August, with interviews in September and October. The Match occurs in November, the fall before the Fellowship starts. Why should I choose to become a Child Abuse Pediatrician? Child Abuse Pediatrics is an exciting field with opportunities for a broad clinical experience that includes multidisciplinary team work with medical and non-medical providers, contributions to investigative and legal proceedings, teaching a wide variety of audiences, clinical research, as well as, child abuse prevention and advocacy work. As a new subspecialty of the American Board of Pediatrics, there is tremendous opportunity to shape the future of this field and contribute to the health, well-being and safety of children. Certifications Eligibility Criteria for Certification in Child Abuse Pediatrics The American Board of Pediatrics (ABP) has established a procedure for certification in child abuse pediatrics. In addition to the specific admission requirements listed below, General Eligibility Criteria for all ABP Subspecialties must be fulfilled to be eligible for certification. ADMISSION REQUIREMENTS Physicians who enter training in child abuse pediatrics on or after January 1, 2013, are required to complete their training in a program accredited for training in child abuse pediatrics by the Accreditation Council for Graduate Medical Education (ACGME) in the United States or the Royal College of Physicians and Surgeons of Canada (RCPSC). A subspecialty fellow entering child abuse pediatrics training before January 1, 2010, may apply for admission on the basis of completion of 2 years of subspecialty fellowship training in child abuse pediatrics in a program under the supervision of a director who is certified in child abuse pediatrics or, lacking such certification, possesses appropriate educational qualifications. Only those child abuse pediatrics training programs that are operated in association with general comprehensive pediatric residency programs accredited by the ACGME or by the RCPSC will be considered. The Subboard requires that the period of training be at least 22 months, excluding leave. A Verification of Competence Form(s) will be required from the director(s) of the fellow’s child abuse pediatrics program(s). Three years of full-time, broad-based fellowship training in child abuse pediatrics are required for fellows entering training on or after January 1, 2010. Absences from Training No continuous absence of more than 1 year will be permitted. Due to the potential for significant changes in medicine over time, the Credentials Committee must review requests for previous credit when a fellow has interrupted fellowship for more than 12 months. Absences/leaves in excess of 3 months during the 3 years of training, whether for vacation, parental leave, illness, and so forth, must be made up. If the program director believes that the candidate is well qualified and has met all requirements, the program director may submit a petition to the ABP requesting an exemption to the policy. Training time cannot be waived for convenience, such as for fellows who begin training off cycle. Part-time training may be completed over no more than 6 years. For a fellow who began child abuse pediatrics training on or after January 1, 2010, the following must be accomplished in order to become certified in the subspecialty: A Verification of Competence Form must be completed by the program director(s) verifying satisfactory completion of the required training, evaluating clinical competence including professionalism, and providing evidence of scholarly activity/research. The fellow must meet the criteria stated in the “Principles Regarding the Assessment of Scholarly Activity”. Scholarly activity will not be required for individuals who began training before January 1, 2010. The fellow must pass the subspecialty certifying examination. ABP ID #: 1001911 Mohr, Bethany Anne Ann Arbor, MI United States of America Certification AreaCertifiedCurrently Practicing in this Area of CertificationMeeting the Requirements of Maintenance of Certification in this area (Learn more)Child Abuse PediatricsCertificate# 122 Yes 2009 Yes (Learn more) Yes General PediatricsCertificate# 70689 Yes 2000 Yes (Learn more) Yes The post Are parents being wrongly accused by Child Abuse Pediatricians appeared first on Komorn Law. View the full article
  24. Cannabis Advocates Want To Remove Marijuana From Controlled Substances List A group of Michigan citizens and organizations is suing the Michigan Board of Pharmacy to eliminate marijuana from the Schedule I list of controlled substances. The state’s Public Health Code, which was enacted in 1978, treats marijuana like opioids and heroin, and that is “unconstitutional under Michigan law,” wrote Michael KOMORN, attorney for the residents and organizations in the complaint recently filed in the Court of Claims. “Even opium, a ‘hard narcotic’ and the root of the opioid epidemic, is a Schedule 5 drug when sold in small concentrations,” he said. “As there is no rational basis to classify marijuana with hard narcotics, it now must be classified below Schedule 5. As no such schedule exists, marijuana must be de-scheduled.” Komorn, president of the Michigan Medical Marijuana Association, also argued that by passing the Medical Marihuana Facilities Licensing Act (MMFLA), the “Legislature has by implication repealed . . . marijuana’s controlled substance status.” The MMFLA and Michigan Controlled Substances Act (MCSA), he noted, are “fundamentally inconsistent and incapable of being harmonized.” Interested in getting a license to operate a Cannabis Business. You need a full service law firm. Contact Komorn Law… 800-656-3557. Other plaintiffs include the Michigan Medical Marijuana Association, Dr. Christian Bogner, who researches the effects of cannabis to treat autism; Josey Scoggin, whose daughter is a medical marijuana patient; Paul Littler, a pharmacist; NORML of Michigan. The “absurdity” of the legal conflict between the Medical Marihuana Facilities Licensing Act and the Public Health Code has to be addressed, said Michael Komorn, one of the attorneys behind the case. “It’s intellectually dishonest,” Komorn said. For the past year, state officials have allowed caregivers to grow marijuana at home and bring it to provisioning centers to sell to patients — a practice that continues as there’s a shortage of licensed marijuana in the market. “This is not a controlled substance,” Komorn said. “The idea that someone would be growing an opioid … and bringing it to a pharmacy because they were running low on their meds is the scenario that would have to exist in order for marijuana to remain as a scheduled drug.” “Michigan’s Public Health Code was adopted in 1978, and mirrored much of the national rhetoric towards drugs”, Komorn said. John Sinclair has a long history of advocacy in Michigan; his 1967 arrest over two joints sparked the first Hash Bash in Ann Arbor. The Michigan Supreme Court in 1972 noted in the opinion that overturned Sinclair’s conviction that… “not only that there is no rational basis for classifying marijuana with the ‘hard narcotics’, but, also, that there is not even a rational basis for treating marijuana as a more dangerous drug than alcohol.” The post Cannabis Advocates Want To Remove Marijuana From Controlled Substances List appeared first on Komorn Law. View the full article
  25. Cannabis advocates are suing the State of Michigan to remove marijuana from the state’s list of controlled substances in its Public Health Code. Although the passing of the adult-use marijuana law in Michigan in 2018, medical marijuana laws and the addition of bureaucracy and state taxes on marijuana sales, the state’s Public Health Code still treats marijuana like heroin. “For 80 years they’ve been locking people up and taking their possessions and harassing and terrorizing us as citizens because we like to smoke weed,” said poet and activist John Sinclair “I want to be part of every effort to completely remove the police from our lives regarding to marijuana. They’ve got nothing at all to do with marijuana.” Sinclair is one of several plaintiffs on the lawsuit against the Michigan Board of Pharmacy and its chairwoman Nichole Cover, filed last week in the Michigan Court of Claims. Interested in getting a license to operate a Cannabis Business. You need a full service law firm. Contact Komorn Law… 800-656-3557. Other plaintiffs include the Michigan Medical Marijuana Association, Dr. Christian Bogner, who researches the effects of cannabis to treat autism; Josey Scoggin, whose daughter is a medical marijuana patient; Paul Littler, a pharmacist; NORML of Michigan. The “absurdity” of the legal conflict between the Medical Marihuana Facilities Licensing Act and the Public Health Code has to be addressed, said Michael Komorn, one of the attorneys behind the case. “It’s intellectually dishonest,” Komorn said. For the past year, state officials have allowed caregivers to grow marijuana at home and bring it to provisioning centers to sell to patients — a practice that continues as there’s a shortage of licensed marijuana in the market. “This is not a controlled substance,” Komorn said. “The idea that someone would be growing an opioid … and bringing it to a pharmacy because they were running low on their meds is the scenario that would have to exist in order for marijuana to remain as a scheduled drug.” “Michigan’s Public Health Code was adopted in 1978, and mirrored much of the national rhetoric towards drugs”, Komorn said. John Sinclair has a long history of advocacy in Michigan; his 1967 arrest over two joints sparked the first Hash Bash in Ann Arbor. The Michigan Supreme Court in 1972 noted in the opinion that overturned Sinclair’s conviction that… “not only that there is no rational basis for classifying marijuana with the ‘hard narcotics’, but, also, that there is not even a rational basis for treating marijuana as a more dangerous drug than alcohol.” The post Lawsuit Filed To Remove Cannabis From Michigan Controlled Substances List appeared first on Komorn Law. View the full article
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