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  1. From the Marijuana Policy Project who was founded in January 1995 and medical marijuana was illegal in every state. Favorable legislation had not been introduced in Congress in a decade. Since then, Congress has approved budget riders to protect state-legal medical marijuana programs every year since late 2014; numerous bills have been introduced to remove federal penalties for state-legal conduct and to end federal marijuana prohibition entirely; recreational, adult-use marijuana is now legal in 11 states and the District of Columbia; medical marijuana is legal in 33 states and the District of Columbia; and much more. Last updated: July 24, 2019 Only 23 states allow citizen-initiated ballot initiatives, meaning in most states the only way to reform marijuana laws is via the legislature. With polls showing that 66% of Americans support making marijuana use legal and around 90% support for allowing medical marijuana, lawmakers are increasingly getting the message that constituents want them to act on sensible and humane marijuana policies. On June 25, 2019, Illinois made history when it became the first state to approve legalizing and regulating adult-use marijuana legislatively, rather than via voter initiative. MPP led the lobbying campaign and played a key role in crafting the measure. (Vermont became the first to legalize adult’s possession and cultivation — but not sales — legislatively in 2018. MPP also played the leading role in that advocacy effort and is continuing to work to regulate sales.) Legislatures have approved several other significant marijuana policy reforms this year. In Hawaii, New Mexico, and North Dakota, the governors signed decriminalization bills into law. Meanwhile, medical cannabis was enacted in the U.S. Virgin Islands, and Guam’s Senate and governor approved legalizing and regulating marijuana for adults’ use. Unfortunately, while the Iowa Legislature sent Gov. Kim Reynolds a medical cannabis bill, she vetoed it. The below lists 2019 state bills to adopt new laws to legalize marijuana for adults, to adopt effective medical marijuana laws, or to replace possible jail time with fines for marijuana possession. Click on the state names below to learn more about efforts in your state and to take action in support of marijuana policy reform. We also encourage you to check out MPP’s Marijuana Policy Progress Report 2019. The report — which was released on July 22, 2019 — includes MPP’s top 10 list of marijuana policy reforms this year, as well as a state-by-state run down of marijuana policy reform bills that were taken up by state legislatures. Find out if your state expanded its medical marijuana or adult-use law, eased record expungements, or made other improvements. Marijuana Legalization Legislation States with bills to legalize — and in most cases regulate — marijuana for adults: 27 and Guam Arizona (SRC 1022, which would have referred a statutory ballot measure to voters; the bill died in committee) Connecticut (HB 7371, SB 1085, SB 1138, HB 5595, HB 6863, SB 496, SB 690 SB 744; HB 7371 passed out of the General Law Committee, SB 1085 passed out of Judiciary, and SB 1138 passed out of Finance; the three pieces of a legalization package are on the floor but did not get a vote before adjournment) Delaware (HB 110; the House Revenue and Finance Committee advanced the bill in an 8-3 vote on June 5; it now advances to the Appropriations Committee; the legislature adjourned but the bill carries over to 2020) Florida (S. 1780, H. 1117, S. 1298; S. 1298 proposed a constitutional amendment that would go to voters for adults to grow, possess, and use cannabis; the legislature adjourned without voting on the bills) Hawaii (HB 1515, HB 1581, HB 708, SB 606, SB 686, SB 702; these bills did not advance out of committee before a deadline) Illinois (SB 7, HB 902, HB 2477;HB 1438; the Senate approved the substitute bill (HB1438) in a 38-17 vote on May 29 and the House followed suit on May 31, 66-47; Gov. J.B. Pritzker signed the bill into law on June 25, 2019) Indiana (HB 1460, HB 1685, SB 213; did not advance out of committee before a deadline) Iowa (SF 469; did not advance before a legislative deadline) Kentucky (SB 80; the legislature adjourned without voting on the bill) Louisiana (HB 509, HB 564; these bills were defeated in the House Criminal Justice Committee) Maryland (SB 771 and SB 656; HB 632 proposed a constitutional amendment that would go to voters in 2020; these bills did not advance before the legislature adjourned) Minnesota (HF 2285, HF 265, HF 465, SF 2840, SF 619, and HF 420; HF 265 and HF 465 propose a constitutional amendment that would go to voters in 2020; the Senate bills were voted down in committee in a 6-3 vote) Mississippi (SB 2349, died in committee) Missouri (HB 157, HB 551, died in committee) Montana (HB 770; did not advance before the legislature adjourned) New Hampshire (HB 481; the House voted 200-163 to pass the bill on April 4, 2019, sending the bill to the Senate; on May 30, the Senate voted to delay action on the bill until January 2020) New Jersey (S 830, A 1348, A 3819; the Senate Budget and Appropriations Committee and the Assembly Appropriations Committee each voted on November 26 to advance S2703 and A4497; both bills carried over to 2019; the Senate Judiciary Committee reported a revised bill out on March 18, 2019) New Mexico (HR 356, SB 577; the House approved HR 356 in a 36-34 vote, then the bill died in the Senate Finance committee; the legislature has adjourned) New York (A. 1617, S. 1527, and S. 1509 and A. 2009, which were budget bills that included taxing and regulating cannabis for adults’ use; the legislature adjourned without voting on legalization) North Carolina (SB 58) Pennsylvania (HB 50) Rhode Island (H 5828 and H 5151; H 5151 was a budget bill that includes taxing and regulating cannabis for adults’ use; however, the budget that passed the House did not include legalization, and the legislature adjourned without voting on H 5828) Tennessee (HB 235, SB 256 would legalize under an ounce of marijuana, without legalizing sales or cultivation; the legislature adjourned for 2019, but the two-year session reconvenes in 2020) Texas (SB 1581, HJR 108, SJR 8; the latter two proposed a constitutional amendment that would go to voters in 2020; the bills did not advance before the legislature adjourned) Virginia (HB 2371, HB 2373, both of which died in committee) West Virginia (SB 143, HB 2331, HB 2376, HB 3108; these bills did not advance before the legislature adjourned) Wisconsin (AB 220; the governor’s budget — AB 56/SB 59 — would have legalized possession and cultivation of limited amounts of marijuana; the budget that was approved did not include those provisions) Guam (the Senate approved Bill 32‐35 on March 27 in an 8-7 vote, and it was signed into law by Gov. Lou Leon Guerrero on April 3, 2019) Ten states have already passed laws to regulate marijuana like alcohol: Alaska, California, Colorado, Illinois, Maine, Massachusetts, Michigan, Nevada, Oregon, and Washington. All but Illinois were by ballot initiative. A 11th, Vermont, allows adults to possess and cultivate marijuana, but does not yet allow regulated sales. Vermont’s S. 54 and H. 196 would allow and regulate commercial cultivation, product manufacture, and sales. S. 54 passed the state Senate and will be taken up in the House in early 2020. Bills to Remove Possible Jail Time — Often Imposing a Fine — for Simple Possession (“Decriminalization”) States with decriminalization bills: 17 Alabama (SB 98, HB 96; the Senate Judiciary Committee approved SB 98 in a 11-0 vote on April 17; after being amended to apply to only five grams, HB 96 was voted down in the House Judiciary Committee in a 5-6 vote; the legislature has adjourned) Arizona (SB 1284, HB 2555; the legislature adjourned without voting on the bills) Arkansas (HB 1972; did not advance before the legislature adjourned) Florida (H. 1289, S. 1714; the legislature adjourned without voting on the bills) Hawaii (HB 1383, HB 434; HB 1383 — which only includes up to three grams — has passed both chambers and was sent to the governor; Gov. David Ige signed the bill into law on July 9, 2019) Idaho (H. 140, an extremely limited measure that only applied to those with no prior drug offenses; died in committee) Iowa (HF 93; died in committee) Indiana (HB 1283, HB 1540, HB 1658; did not advance out of committee before a deadline) Kentucky (SB 82, HB 265; the legislature adjourned without voting on the bills) Louisiana (HB 59; was withdrawn prior to introduction) New Jersey (S472, A3468, S1926) New Mexico (SB 323; passed the legislature and Gov. Michelle Lujan Grisham signed the bill into law on April 3, 2019) North Dakota (HB 1155, HB 1050; the legislature passed HB 1050 and it was signed into law by Gov. Doug Burgum; it only applies to those 21 and older and carries a hefty criminal fine) Oklahoma (HB 2614, SB 1030; SB 1030 has passed both chambers, but in different versions; as passed by the House, it would have reduced the penalty to a misdemeanor fine of up to $400; however, the conference committee version did not include decriminalization) South Carolina (HB 3276; did not advance before a legislative deadline, carries over to 2020) Texas (HB 63, SB 156; HB 63 passed the House in a 98-43 vote on April 29, but was not brought to a vote in the Senate; it would have imposed a $500 criminal fine for possession of up to an ounce) Virginia (SB 997, HB 2079, HB 2370, HB 2644; HB 2079, HB 2370, and HB 2644 are stalled in committee; SB 997 was defeated in committee) Twenty-six states and Washington, D.C. have decriminalized or legalized marijuana possession (including Hawaii, New Mexico, and North Dakota’s new laws). Effective Medical Marijuana Bills States with bills to create comprehensive medical cannabis programs: 14, plus the U.S. Virgin Islands, where the bill has been signed into law Alabama (HB 234, SB 236; on May 9, 2019, the Alabama Senate passed SB 236 in a 17 -6 vote; it applies only to adults 19 and older; the bill was amended in the House to merely form a study commission on the issue and was signed by the governor in that limited form) Georgia (SB 232; the legislature adjourned without passing it, but the legislature did pass, and Gov. Kemp signed, a bill to allow in-state access to up to 5% THC medical cannabis oil) Iowa (SF 104, HF 732; HF 732 passed the legislature but was vetoed by the governor; the speaker refused to call a special session for an override; the bill would remove a 0.3% THC cap and instead allow cannabis preparations with up to 25 grams of THC every 90 days, or more with a waiver from the patient’s healthcare provider) Indiana (SB 357, HB 1384, HB 1535; did not advance out of committee before a deadline) Kansas (HB 2163, SB 113, HB 2303, SB 195; the legislature adjourned without voting on the bills) Kentucky (HB 136; passed the House Judiciary Committee in a 16-1 vote a week before the legislature adjourned, but did not get a floor vote before adjournment) Mississippi (HB 1372, SB 2358, SB 2643, SC 537; SC 537 is a constitutional referral; did not pass committee prior to a deadline) Nebraska (LB 110; passed the unicameral legislature’s Judiciary Committee on May 10 in a 5-1 vote, with one absent and one present but not voting; the unicameral legislature did not vote on the bill prior to adjournment; a 2020 ballot measure signature drive has begun) North Carolina (HB 401) South Carolina (H. 3660, S. 366, H. 3081, H. 3272; S. 366 passed a Senate Medical Affairs subcommittee and is in the full committee; the legislature adjourned for the year but the bills will carry over to 2020) Tennessee (SB 486, HB 637; the legislature adjourned for 2019, but the two-year session reconvenes in 2020) Texas (HB 122, HB 209, HB 1365, SB 400, SB 865, SB 90, SJR 7, HJR 21; the latter two would have referred a proposed constitutional amendment to voters in 2020; the House approved HB 1365 on May 7, 2019; it would expand qualifying conditions to the state’s low-THC medical cannabis program and would allow regulators to decide the ratio of cannabinoids, which could allow for a full medical cannabis program; it did not receive a hearing in the Senate; a far more limited bill (HB 3703), which adds some qualifying conditions and removes the two-physician cap, passed both chambers and was signed into law) Wisconsin (AB 220; the governor’s budget — AB 56/SB 59 — would have legalized medical marijuana, but the approved budget did not include medical cannabis) Wyoming (HB 278; this bill did not advance before the legislature adjourned) U.S. Virgin Islands (Bill 32-0135; On December 28, 2018, lawmakers voted 9-4 to send the bill to the governor’s desk. He signed the bill on January 17, 2019.) Thirty-three states, D.C., Puerto Rico, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands have effective medical marijuana laws. Don’t see your state? If you live in a state that still prohibits marijuana and no lawmakers have taken the lead to change that, send your state legislators a note to ask them to stand up for humane and sensible marijuana policies. Take a few moments to email them in support of medical marijuana, decriminalization, or legalizing and regulating marijuana. And wherever you live, please ask your member of Congress and U.S. senators to support legislation to protect individuals who are complying with state medical marijuana and legalization laws. This information appeared on Michigan Policy Project – Key Marijuana Reform Who is Marijuana Policy Project? MPP, which was founded in January 1995, is the largest organization in the U.S. that’s focused solely on enacting humane marijuana laws. MPP’s mission is to change federal law to allow states to determine their own marijuana policies without federal interference, to allow the medical use of cannabis in all 50 states and U.S. territories, and to regulate marijuana like alcohol. MPP has been responsible for changing most of the state marijuana laws that have been reformed since 2000, including more than a dozen medical cannabis laws and the legalization of marijuana by voter initiative in Colorado, Alaska, Maine, Massachusetts, Nevada, and Michigan. MPP also assisted on the California campaign. MPP’s team spearheaded the campaigns that resulted in Vermont and Illinois becoming the first two states to legalize marijuana legislatively in 2018 and 2019. MPP is actually composed of two separate organizations — MPP, founded in 1995, is the main branch that deals with lobbying and ballot initiatives, and MPP Foundation, founded in 1996, is the tax-deductible educational branch. In addition, MPP has state committees in the states where MPP is running ballot initiatives; these state committees are formed and closed every few years. MPP has approximately 20 employees; this includes a full-time lobbyist on Capitol Hill. In addition, MPP has lobbyists on retainer in a number of states capitals around the country. Marijuana Policy Project History Visit the MPP for many informative articles about marijuana legislation. It’s a great site! Recent Posts Marijuana Policy Reform Legislation Review 2019 Michigan Civil Forfeiture Asset Update 2019 Nevada to introduce first banking system for the cannabis industry. Social Equity (Adult-Use Marijuana) Federal data unmasks the epidemic of 76 billion opioid pills Marijuana Policy Reform Legislation Review 2019 Posted: July 29, 2019 From the Marijuana Policy Project who was founded in January 1995 and medical marijuana was illegal in every state. Favorable legislation had not been introduced in Congress in a decade. Since then, Congress has approved budget riders to protect state-legal medical marijuana programs every year since late 2014; numerous bills have been introduced to remove federal […] 0 comments Michigan Civil Forfeiture Asset Update 2019 Posted: July 24, 2019 Michigan Civil Forfeiture Asset 2019 Update from a 2017 ICLE interview on asset frofeiture with Michael Komorn and Jeff Frazier. US Supreme Court decided Tyson Timbs v. Indiana, 586 U.S. _____ (2019) on February 20, 2019. Tyson Timbs was convicted of drug charges that had a maximum monetary fine of $10,000. At the time of […] 0 comments Nevada to introduce first banking system for the cannabis industry. Posted: July 23, 2019 Nevada officials to introduce the nation’s first banking system for the cannabis industry. 0 comments Social Equity (Adult-Use Marijuana) Posted: July 18, 2019 The Social Equity Program is available as a provision under MRTMA to promote and encourage participation in the marijuana industry by people from communities that have been disproportionately impacted by marijuana prohibition and enforcement and to positively impact those communities. Michigan Communities That Meet Criteria For The Social Equity Program Albion Benton Harbor Detroit East […] 0 comments Federal data unmasks the epidemic of 76 billion opioid pills Posted: July 17, 2019 There’s a database maintained by the Drug Enforcement Administration that tracks the path of every single pain pill sold in the United States — from manufacturers and distributors to pharmacies in every town and city. The data provides an unprecedented look at the surge of legal pain pills that fueled the prescription opioid epidemic, which has […] 0 comments Proposed bill would expunge records of many marijuana offenses Posted: July 16, 2019 It was Nov 6th 2018… a date many will never forget…a date many never perceived marijuana would become legal in their lifetime… So many friends disappeared into the legal system, so many lives and families ruined…and so much potential suppressed. The legal system made its money and had its glory days and surely they will […] 0 comments Employers Can Refuse to Hire and Terminate Medical Marijuana Users Posted: July 15, 2019 An employer can refuse to hire an applicant and terminate an employee who tests positive for marijuana. 0 comments Court Policies Still Punish the Poor with Fines-Jail-Probation-Debt Posted: July 13, 2019 Court policies continue despite a 1983 U.S. Supreme Court decision that found it unconstitutional to incarcerate defendants too poor to pay fines. 0 comments Michigan Adult Recreational Use of Marijuana Posted: July 12, 2019 What is MRTMA? On November 6, 2018, Michigan voters approved Proposal 1, creating the Michigan Regulation and Taxation of Marihuana Act (MRTMA). Among other things, this Act delegates responsibility for marijuana licensing, regulation and enforcement to the Michigan Department of Regulatory Affairs (LARA). LARA’s Marijuana Regulatory Agency (MRA) is responsible for the oversight of medical and […] 0 comments THINGS TO KNOW IF YOU WANT TO START A MARIJUANA BUSINESS IN MICHIGAN Posted: July 10, 2019 Michigan is months away from licensing recreational marijuana businesses and opening a new chapter in the state’s cannabis industry. 0 comments The post Marijuana Policy Reform Legislation Review 2019 appeared first on Komorn Law. View the full article
  2. Michigan Civil Forfeiture Asset 2019 Update from a 2017 ICLE interview on asset frofeiture with Michael Komorn and Jeff Frazier. US Supreme Court decided Tyson Timbs v. Indiana, 586 U.S. _____ (2019) on February 20, 2019. Tyson Timbs was convicted of drug charges that had a maximum monetary fine of $10,000. At the time of his arrest, police seized Timbs $42,000 Land Rover, Timbs purchased with money from his father’s life insurance policy. The state sought civil forfeiture of the vehicle, charging that the vehicle transported heroin. The trial court denied the request, ruling that the forfeiture would be “grossly disproportionate” to the gravity of the offense, and unconstitutional under the Excessive Fines Clause of the Eighth Amendment. The Court of Appeals of Indiana affirmed, but the Indiana Supreme Court reversed, reinstated the forfeiture and concluded that the Excessive Fines Clause applies only to federal actions. The Court reversed, and held the Eighth Amendment’s prohibition against “excessive fines” applies to the states under the Due Process Clause of the Fourteenth Amendment. The Court did not articulate a test or analysis to determine when or if a fine is excessive, and did not take a position on whether Indiana’s seizure of the Land Rover was excessive. The case remanded to Indiana for further proceedings. In Michigan, three bills seeking to revise provisions dealing with the civil forfeiture of property were proposed in January 2019. The bills were signed into law as Public Acts 7, 8, and 9 of 2019 (the Acts) and take effect on August 7, 2019. The Acts only apply to Article 7 (Controlled Substances) of Michigan’s Public Health Code and added MCL 333.7521 and MCL 333.7523a and amended MCL 333.7523. Some of the changes require a civil forfeiture action be stayed until criminal proceedings are over and prohibit seized property from being subject to forfeiture or disposition unless the criminal proceeding has been completed and defendant is convicted of or pleads guilty. Seized property can be subject to forfeiture if no one claims an interest in it, or the owner relinquishes the property. The SCAO is also required to create a form to relinquish a property right and another form for a property owner to file a written objection regarding forfeiture of property seized without a warrant. Other changes involve certain notice requirements. According to the House Fiscal Agency Legislative Analysis of the new bills, civil asset forfeiture laws have come under scrutiny in Michigan and across the country, some calling the process “policing for profit.” Michigan enacted legislation in 2015 and 2016 that, among other things, requires some governmental agencies to file annual reports about seized and forfeited property and make the reports publically available on a website. 2018 Michigan State Police Forfeiture Report That legislation also raised the standard of proof from preponderance of the evidence to clear and convincing evidence. According to the Institute for Justice, since 2014, 33 states and District of Columbia have reformed their civil asset forfeiture laws. Three states—North Carolina, New Mexico, and Nebraska—have abolished civil forfeiture entirely and only use criminal law to forfeit property. The Legislative Analysis was also cognizant of the Timbs’ case and the impact on the current amendments and other civil asset forfeiture laws. While the current revisions may be premature, “they do provide some relief to a population most impacted by seizures and forfeitures of property that is not connected to criminal drug activity.” It will likely take years to see how the Excessive Fines Clause of the Eighth Amendment will apply to the states, and when will that prohibit civil asset forfeiture. In 2017, Jeff Frazier and Michael Komorn, both of Komorn Law, filmed an On Demand Studio Seminar on Civil Asset Forfeiture were in the ICLE Studios. We reached out to them to get an update. For over 25 years Komorn Law has been a trusted adviser providing outstanding, results-focused legal counsel to its clients in all areas of criminal defense from districts courts all the way to the supreme court. John: So, the Supreme Court ruled in Timbs v. Indiana that Indiana’s civil asset forfeiture was unconstitutional. In May, Governor Whitmer signed in to law a package of bills amending [some] of Michigan’s asset forfeiture laws. How exactly do you see the [Timbs decision and] amendments changing the landscape of civil asset forfeiture? Michael – Well, I think that the amendments if anything are a bandaid. They are certainly not a solution. The amendments certainly do not go as far as to address the excessiveness of fines like in the Timbs case. The financial penalties for most of the crimes involving civil asset forfeiture in Michigan are usually under $5,000. Most if not all of the forfeitures that have taken place up to this point and that will continue to take place in Michigan, in my opinion, violate the excessive fines clause. When forfeiting property at the state level the analysis should be whether the forfeiture penalty exceeds the financial penalty of the crime. In that respect, nothing has really changed. When there is a forfeiture case against real property, the government has essentially taken an interest in the property. While the government might not file an actual lis pendins or something else with the register of deeds, it is my experience that they will file some kind of injunction that prevents the homeowner from improving, selling or, borrowing against the real property. Whether the government actually takes the property or has a claim to the property or the property is held by the police and disposed of, even if a conviction is required, a citizen’s traditional property rights associated with the right to own property are impaired during forfeiture. I had a case where a client owned two houses. He inherited one, and the other house was his marital home. The government filed a forfeiture action against both houses and enjoined the homeowner from doing anything with them. The day the order was entered in the forfeiture case, my client could not borrow against the properties, improve or sell them, all of that was encumbered by the government action. The mere filing of the forfeiture deprived my client of his property rights without any due process. The amended statutes don’t undo that. Jeff: I think what Michael says is right. The amendments do not address the excessive nature of the fine at all. The Timbs case says that excessive fines analysis applies to the states in the context of civil asset forfeiture – that is meaningful and more of a change than the series of statutes that the Michigan legislature passed. The more powerful argument is against the taking of things that have no relation, no proportionality to the crime committed. There are a number of general forfeiture provisions related to sex work, trafficking, and other things, but the current amendments only apply to forfeitures taken under the Controlled Substances Act of the Public Health Code. Call me skeptical, but I think that the law enforcement is going to try every possible loophole to maintain this income stream for lack of a better word – this policing for profit. The police can still take the property, but they just can’t take it away. Which means that clients will find themselves in a situation where, under the threat of forfeiture, the police have taken the property and the clients are left without funds to hire an attorney. Then if your client waives as part of a plea deal, the police can keep the forfeited property. Clients will still have unequal bargaining power, where they have a gun to their head negotiating a plea on the criminal side. Also, the fact that [the amended statute] doesn’t apply to forfeitures in excess of $50,000, will just have the police looking for larger forfeiture cases going forward. As a practice tip, there are a couple of things that we as attorneys need to continue to do on behalf of our clients who are facing civil asset forfeiture. One is to adequately inform the client about exactly what’s going down and what their rights are. You may recall from our last visit, there’s a Supreme Court case, that says that under certain circumstances, taking a defendant’s money, not clearly traceable to some kind of criminal activity, or perhaps excessive in light of the crime, that prevents the defendant from hiring an attorney can implicate not just the excessive fines provision, but also the Sixth Amendment right to counsel. We still want to continue to emphasize that. Second, and at the same time, if a client doesn’t have full access to their assets, whether it’s money or other assets, or the government has decided to forfeit your client’s real property, we need to immediately I believe, make the excessive fines argument, that taking away the right to use the property is taking away a property right. I would still hammer them on both of these fronts, whether or not there has been a final forfeiture. Max: So with respect to the waiver under a plea bargain do you think that there is an issue of say, lack of informed consent with respect to this waiver – that people do not understand that they are also sort of waving their claim to the property seized? Jeff: The statute provides an exception for when an owner waives the conviction. Whether that is informed or whether there is actual consent there is a very good question. Max: From your point of view, nothing really has changed with respect to representing clients who are facing civil asset forfeiture from when the two of you were in the studio couple of years ago? Jeff: I would not go that far. I mean clearly, these amendments are a significant thing. Anything that is as important as civil asset forfeiture, that really goes to the root of so many abuses that does what this statute does is commendable. But, you are talking to a couple of criminal lawyers. Michael: Its an attempt to be transparent, but not really having an impact on the concerns that attorneys have which are due process rights, excessive fines, and Eighth Amendment protections, things like that. For more on this topic, Look for our Civil Asset Forfeiture Update coming in September. The Eight Amendent The Eighth Amendment (Amendment VIII) of the United States Constitution prohibits the federal, state, and local governments of the United States, or any other government, or any corporation, private enterprise, group, or individual, from imposing excessive bail, excessive fines, or cruel and unusual punishments, in any part of the US, on US property (i.e. a US embassy), or against any US citizen, or any resident of the US. This amendment was adopted on December 15, 1791, along with the rest of the United States Bill of Rights.[1] The phrases in this amendment originated in the English Bill of Rights of 1689. Read The Rest Here Related Cases https://en.wikipedia.org/wiki/United_States_v._Bajakajian Recent Posts Michigan Civil Forfeiture Asset Update 2019 Nevada to introduce first banking system for the cannabis industry. Social Equity (Adult-Use Marijuana) Federal data unmasks the epidemic of 76 billion opioid pills Proposed bill would expunge records of many marijuana offenses Michigan Civil Forfeiture Asset Update 2019 Posted: July 24, 2019 Michigan Civil Forfeiture Asset 2019 Update from a 2017 ICLE interview on asset frofeiture with Michael Komorn and Jeff Frazier. US Supreme Court decided Tyson Timbs v. Indiana, 586 U.S. _____ (2019) on February 20, 2019. Tyson Timbs was convicted of drug charges that had a maximum monetary fine of $10,000. At the time of […] 0 comments Nevada to introduce first banking system for the cannabis industry. Posted: July 23, 2019 Nevada officials to introduce the nation’s first banking system for the cannabis industry. 0 comments Social Equity (Adult-Use Marijuana) Posted: July 18, 2019 The Social Equity Program is available as a provision under MRTMA to promote and encourage participation in the marijuana industry by people from communities that have been disproportionately impacted by marijuana prohibition and enforcement and to positively impact those communities. Michigan Communities That Meet Criteria For The Social Equity Program Albion Benton Harbor Detroit East […] 0 comments Federal data unmasks the epidemic of 76 billion opioid pills Posted: July 17, 2019 There’s a database maintained by the Drug Enforcement Administration that tracks the path of every single pain pill sold in the United States — from manufacturers and distributors to pharmacies in every town and city. The data provides an unprecedented look at the surge of legal pain pills that fueled the prescription opioid epidemic, which has […] 0 comments Proposed bill would expunge records of many marijuana offenses Posted: July 16, 2019 It was Nov 6th 2018… a date many will never forget…a date many never perceived marijuana would become legal in their lifetime… So many friends disappeared into the legal system, so many lives and families ruined…and so much potential suppressed. The legal system made its money and had its glory days and surely they will […] 0 comments Employers Can Refuse to Hire and Terminate Medical Marijuana Users Posted: July 15, 2019 An employer can refuse to hire an applicant and terminate an employee who tests positive for marijuana. 0 comments Court Policies Still Punish the Poor with Fines-Jail-Probation-Debt Posted: July 13, 2019 Court policies continue despite a 1983 U.S. Supreme Court decision that found it unconstitutional to incarcerate defendants too poor to pay fines. 0 comments Michigan Adult Recreational Use of Marijuana Posted: July 12, 2019 What is MRTMA? On November 6, 2018, Michigan voters approved Proposal 1, creating the Michigan Regulation and Taxation of Marihuana Act (MRTMA). Among other things, this Act delegates responsibility for marijuana licensing, regulation and enforcement to the Michigan Department of Regulatory Affairs (LARA). LARA’s Marijuana Regulatory Agency (MRA) is responsible for the oversight of medical and […] 0 comments THINGS TO KNOW IF YOU WANT TO START A MARIJUANA BUSINESS IN MICHIGAN Posted: July 10, 2019 Michigan is months away from licensing recreational marijuana businesses and opening a new chapter in the state’s cannabis industry. 0 comments Michigan cities opting out of recreational marijuana Posted: July 10, 2019 Many Michigan cities are opting out of recreational marijuana as the time for licensing from the state grows closer. 0 comments The post Michigan Civil Forfeiture Asset Update 2019 appeared first on Komorn Law. View the full article
  3. Nevada to introduce the nation’s first banking system for the cannabis industry. The dispensary businesses are targeted for burglaries and robberies for the cash they keep around to pay overhead and employees. Motivated by their gaming sector, officials would allow marijuana businesses to deal in electronic tokens and chips. “We really want to deal with the public safety issue. That much cash in the hands of that many people, it’s just dangerous. It’s an attractive target,” said Nevada state Treasurer Zach Conine, who pushed for the program. Cannabis businesses operate on a cash basis due to banks and other financial institutions having refused to do business with them citing federal laws of the Schedule 1 drug. Nevada has to make sure they get theirs and not let that cash slip through the system. Hopefully it will be used for making Nevada a better place for families and not for idiocracy. Attorney Michael Komorn stated “The time has come for the legitimacy of cannabis and hemp industries to be accepted and allowed to operate as taxpayers and invest in the community. If you are thinking of growing hemp or starting a cannabis business you will require legal guidance…that’s what we do“. Recent Posts Nevada to introduce first banking system for the cannabis industry. Posted: July 23, 2019 Nevada officials to introduce the nation’s first banking system for the cannabis industry. 0 comments Social Equity (Adult-Use Marijuana) Posted: July 18, 2019 The Social Equity Program is available as a provision under MRTMA to promote and encourage participation in the marijuana industry by people from communities that have been disproportionately impacted by marijuana prohibition and enforcement and to positively impact those communities. Michigan Communities That Meet Criteria For The Social Equity Program AlbionBenton HarborDetroitEast LansingEcorseFlintHighland ParkHamtramckInksterKalamazooMt. MorrisMt. […] 0 comments Federal data unmasks the epidemic of 76 billion opioid pills Posted: July 17, 2019 There’s a database maintained by the Drug Enforcement Administration that tracks the path of every single pain pill sold in the United States — from manufacturers and distributors to pharmacies in every town and city. The data provides an unprecedented look at the surge of legal pain pills that fueled the prescription opioid epidemic, which has […] 0 comments Proposed bill would expunge records of many marijuana offenses Posted: July 16, 2019 It was Nov 6th 2018… a date many will never forget…a date many never perceived marijuana would become legal in their lifetime… So many friends disappeared into the legal system, so many lives and families ruined…and so much potential suppressed. The legal system made its money and had its glory days and surely they will […] 0 comments Employers Can Refuse to Hire and Terminate Medical Marijuana Users Posted: July 15, 2019 An employer can refuse to hire an applicant and terminate an employee who tests positive for marijuana. 0 comments Court Policies Still Punish the Poor with Fines-Jail-Probation-Debt Posted: July 13, 2019 Court policies continue despite a 1983 U.S. Supreme Court decision that found it unconstitutional to incarcerate defendants too poor to pay fines. 0 comments Michigan Adult Recreational Use of Marijuana Posted: July 12, 2019 What is MRTMA? On November 6, 2018, Michigan voters approved Proposal 1, creating the Michigan Regulation and Taxation of Marihuana Act (MRTMA). Among other things, this Act delegates responsibility for marijuana licensing, regulation and enforcement to the Michigan Department of Regulatory Affairs (LARA). LARA’s Marijuana Regulatory Agency (MRA) is responsible for the oversight of medical and […] 0 comments THINGS TO KNOW IF YOU WANT TO START A MARIJUANA BUSINESS IN MICHIGAN Posted: July 10, 2019 Michigan is months away from licensing recreational marijuana businesses and opening a new chapter in the state’s cannabis industry. 0 comments Michigan cities opting out of recreational marijuana Posted: July 10, 2019 Many Michigan cities are opting out of recreational marijuana as the time for licensing from the state grows closer. 0 comments MICHIGAN IS CLOSER TO HAVING RECREATIONAL MARIJUANA BUSINESSES. Posted: July 10, 2019 Michigan’s Marijuana Regulatory Agency released emergency regulations for businesses planning on entering the recreational marijuana marketplace. 0 comments The post Nevada to introduce first banking system for the cannabis industry. appeared first on Komorn Law. View the full article
  4. The Social Equity Program is available as a provision under MRTMA to promote and encourage participation in the marijuana industry by people from communities that have been disproportionately impacted by marijuana prohibition and enforcement and to positively impact those communities. Michigan Communities That Meet Criteria For The Social Equity Program Albion Benton Harbor Detroit East Lansing Ecorse Flint Highland Park Hamtramck Inkster Kalamazoo Mt. Morris Mt. Pleasant Muskegon Muskegon Heights Niles Pontiac River Rouge Saginaw Ypsilanti Recent Posts Social Equity (Adult-Use Marijuana) Federal data unmasks the epidemic of 76 billion opioid pills Proposed bill would expunge records of many marijuana offenses Employers Can Refuse to Hire and Terminate Medical Marijuana Users Court Policies Still Punish the Poor with Fines-Jail-Probation-Debt Social Equity (Adult-Use Marijuana) Posted: July 18, 2019 The Social Equity Program is available as a provision under MRTMA to promote and encourage participation in the marijuana industry by people from communities that have been disproportionately impacted by marijuana prohibition and enforcement and to positively impact those communities. Michigan Communities That Meet Criteria For The Social Equity Program AlbionBenton HarborDetroitEast LansingEcorseFlintHighland ParkHamtramckInksterKalamazooMt. MorrisMt. […] 0 comments Federal data unmasks the epidemic of 76 billion opioid pills Posted: July 17, 2019 There’s a database maintained by the Drug Enforcement Administration that tracks the path of every single pain pill sold in the United States — from manufacturers and distributors to pharmacies in every town and city. The data provides an unprecedented look at the surge of legal pain pills that fueled the prescription opioid epidemic, which has […] 0 comments Proposed bill would expunge records of many marijuana offenses Posted: July 16, 2019 It was Nov 6th 2018… a date many will never forget…a date many never perceived marijuana would become legal in their lifetime… So many friends disappeared into the legal system, so many lives and families ruined…and so much potential suppressed. The legal system made its money and had its glory days and surely they will […] 0 comments Employers Can Refuse to Hire and Terminate Medical Marijuana Users Posted: July 15, 2019 An employer can refuse to hire an applicant and terminate an employee who tests positive for marijuana. 0 comments Court Policies Still Punish the Poor with Fines-Jail-Probation-Debt Posted: July 13, 2019 Court policies continue despite a 1983 U.S. Supreme Court decision that found it unconstitutional to incarcerate defendants too poor to pay fines. 0 comments Michigan Adult Recreational Use of Marijuana Posted: July 12, 2019 What is MRTMA? On November 6, 2018, Michigan voters approved Proposal 1, creating the Michigan Regulation and Taxation of Marihuana Act (MRTMA). Among other things, this Act delegates responsibility for marijuana licensing, regulation and enforcement to the Michigan Department of Regulatory Affairs (LARA). LARA’s Marijuana Regulatory Agency (MRA) is responsible for the oversight of medical and […] 0 comments THINGS TO KNOW IF YOU WANT TO START A MARIJUANA BUSINESS IN MICHIGAN Posted: July 10, 2019 Michigan is months away from licensing recreational marijuana businesses and opening a new chapter in the state’s cannabis industry. 0 comments Michigan cities opting out of recreational marijuana Posted: July 10, 2019 Many Michigan cities are opting out of recreational marijuana as the time for licensing from the state grows closer. 0 comments MICHIGAN IS CLOSER TO HAVING RECREATIONAL MARIJUANA BUSINESSES. Posted: July 10, 2019 Michigan’s Marijuana Regulatory Agency released emergency regulations for businesses planning on entering the recreational marijuana marketplace. 0 comments Michigan Released Emergency Recreational Marijuana Rules For Establishments Posted: July 3, 2019 Recreational marijuana smoking lounges, festivals and more are soon to be allowed in Michigan. They are defined under a set of emergency rules released. 0 comments The post Social Equity (Adult-Use Marijuana) appeared first on Komorn Law. View the full article
  5. There’s a database maintained by the Drug Enforcement Administration that tracks the path of every single pain pill sold in the United States — from manufacturers and distributors to pharmacies in every town and city. The data provides an unprecedented look at the surge of legal pain pills that fueled the prescription opioid epidemic, which has resulted in nearly 100,000 deaths from 2006 through 2012. Some of USA’s major drug companies that saturated the country with 70 plus billion hydrocodone and oxycodone pain pills from the years 2006 through 2012 as the deadliest drug epidemic in the nation. Just six companies distributed 75 percent of the pills during this period: McKesson Corp., Walgreens, Cardinal Health, AmerisourceBergen, CVS and Walmart, according to an analysis of the database by The Washington Post. Three companies manufactured 88 percent of the opioids: SpecGx, a subsidiary of Mallinckrodt; ­Actavis Pharma; and Par Pharmaceutical, a subsidiary of Endo Pharmaceuticals. Purdue Pharma, which the plaintiffs allege sparked the epidemic in the 1990s with its introduction of OxyContin, its version of oxycodone, was ranked fourth among manufacturers with about 3 percent of the market. Arrested or charged with drugged driving or DUI? The Komorn Law team can help. Contact our office for a free evaluation. 248-357-2550 The volume of the pills handled by the companies skyrocketed as the epidemic surged, increasing about 51 percent from 8.4 billion in 2006 to 12.6 billion in 2012. By contrast, doses of morphine, a well-known treatment for severe pain, averaged slightly more than 500 million a year during the period. Those 10 companies along with about a dozen others are now being sued in federal court in Cleveland by nearly 2,000 cities, towns and counties alleging that they conspired to flood the nation with opioids. The companies, in turn, have blamed the epidemic on overprescribing by doctors and pharmacies and on customers who abused the drugs. The companies say they were working to supply the needs of patients with legitimate prescriptions desperate for pain relief. See the rest of the story as well as an interactive map with some nice data info HERE Here’s a DEA Drug Facts page Recent Posts Federal data unmasks the epidemic of 76 billion opioid pills Posted: July 17, 2019 There’s a database maintained by the Drug Enforcement Administration that tracks the path of every single pain pill sold in the United States — from manufacturers and distributors to pharmacies in every town and city. The data provides an unprecedented look at the surge of legal pain pills that fueled the prescription opioid epidemic, which has […] 0 comments Proposed bill would expunge records of many marijuana offenses Posted: July 16, 2019 It was Nov 6th 2018… a date many will never forget…a date many never perceived marijuana would become legal in their lifetime… So many friends disappeared into the legal system, so many lives and families ruined…and so much potential suppressed. The legal system made its money and had its glory days and surely they will […] 0 comments Employers Can Refuse to Hire and Terminate Medical Marijuana Users Posted: July 15, 2019 An employer can refuse to hire an applicant and terminate an employee who tests positive for marijuana. 0 comments Court Policies Still Punish the Poor with Fines-Jail-Probation-Debt Posted: July 13, 2019 Court policies continue despite a 1983 U.S. Supreme Court decision that found it unconstitutional to incarcerate defendants too poor to pay fines. 0 comments Michigan Adult Recreational Use of Marijuana Posted: July 12, 2019 What is MRTMA? On November 6, 2018, Michigan voters approved Proposal 1, creating the Michigan Regulation and Taxation of Marihuana Act (MRTMA). Among other things, this Act delegates responsibility for marijuana licensing, regulation and enforcement to the Michigan Department of Regulatory Affairs (LARA). LARA’s Marijuana Regulatory Agency (MRA) is responsible for the oversight of medical and […] 0 comments THINGS TO KNOW IF YOU WANT TO START A MARIJUANA BUSINESS IN MICHIGAN Posted: July 10, 2019 Michigan is months away from licensing recreational marijuana businesses and opening a new chapter in the state’s cannabis industry. 0 comments Michigan cities opting out of recreational marijuana Posted: July 10, 2019 Many Michigan cities are opting out of recreational marijuana as the time for licensing from the state grows closer. 0 comments MICHIGAN IS CLOSER TO HAVING RECREATIONAL MARIJUANA BUSINESSES. Posted: July 10, 2019 Michigan’s Marijuana Regulatory Agency released emergency regulations for businesses planning on entering the recreational marijuana marketplace. 0 comments Michigan Released Emergency Recreational Marijuana Rules For Establishments Posted: July 3, 2019 Recreational marijuana smoking lounges, festivals and more are soon to be allowed in Michigan. They are defined under a set of emergency rules released. 0 comments House Votes To Block Feds From Enforcing Marijuana Laws Posted: July 2, 2019 The House of Representatives approved a measure on Thursday to prevent the DOJ from interfering with individual state marijuana laws 0 comments The post Federal data unmasks the epidemic of 76 billion opioid pills appeared first on Komorn Law. View the full article
  6. It was Nov 6th 2018… a date many will never forget…a date many never perceived marijuana would become legal in their lifetime… So many friends disappeared into the legal system, so many lives and families ruined…and so much potential suppressed. The legal system made its money and had its glory days and surely they will find new ways to do it, but at this time… A new bill, introduced in the Michigan legislature could possibly expunge criminal records of those convicted of possession or use of marijuana offenses. Introduced by Sen. Jeff Irwin, a Democrat from Ann Arbor, would clear the criminal records for over 200,000 people without requiring them to apply to the court that sentenced them. “Automatic expungement for all of our lowest-level cannabis offenders allows people to move on with their lives and making it automatic is essential because many people can’t afford an attorney, or the legal fees associated with an application,” Irwin said in a release. “Cannabis is now legal in Michigan and petty offenses in the past should be no barrier to getting back to work or school.” No thought is needed…Approval should be automatic…but automatic with the legal system leaves too much room for error. One should hire an attorney…to make sure there are no errors. According to Irwin only 6 percent of people eligible for expungement apply because of the process. The bill could also extend to people who were charged with growing or possession with intent to distribute charges. The bill will provide an opportunity for people to apply to a judge to expunge their records. “This is the next step in ending the unsuccessful prohibition of marijuana that incarcerated and punished Michigan residents unfairly for decades,” Irwin added in a release. “After last year’s mandate from voters, I am hopeful that a majority of legislators will vote to give Michigan residents back the opportunities that were unjustly taken from them.” Michigan State Sen. Jeff Irwin, D-18th District has appeared on the Planet Green Trees radio show pre and post legalization and has openly discussed the topic of Cannabis. Irwin was a featured guest on the shows 420th episode along with John Sinclair, Adam L Brook (Hash Bash Organizer) many more guests. Attorney Michael Komorn stated “Our firm has been fighting for this for many many years. We have fought in the front line trenches for our clients and have many victories. This is just one of the fronts we have been focused on”. If you are looking to expunge your marijuana criminal record and make sure it is done correctly or maybe you have some other record you would like expunged. Don’t let the system tell you they “automatically” expunged it. You know how the system works you’ve been there…done that. Contact our office at 248-357-2550 for a free case evaluation Recent Posts Proposed bill would expunge records of many marijuana offenses Posted: July 16, 2019 It was Nov 6th 2018… a date many will never forget…a date many never perceived marijuana would become legal in their lifetime… So many friends disappeared into the legal system, so many lives and families ruined…and so much potential suppressed. The legal system made its money and had its glory days and surely they will […] 0 comments Employers Can Refuse to Hire and Terminate Medical Marijuana Users Posted: July 15, 2019 An employer can refuse to hire an applicant and terminate an employee who tests positive for marijuana. 0 comments Court Policies Still Punish the Poor with Fines-Jail-Probation-Debt Posted: July 13, 2019 Court policies continue despite a 1983 U.S. Supreme Court decision that found it unconstitutional to incarcerate defendants too poor to pay fines. 0 comments Michigan Adult Recreational Use of Marijuana Posted: July 12, 2019 What is MRTMA? On November 6, 2018, Michigan voters approved Proposal 1, creating the Michigan Regulation and Taxation of Marihuana Act (MRTMA). Among other things, this Act delegates responsibility for marijuana licensing, regulation and enforcement to the Michigan Department of Regulatory Affairs (LARA). LARA’s Marijuana Regulatory Agency (MRA) is responsible for the oversight of medical and […] 0 comments THINGS TO KNOW IF YOU WANT TO START A MARIJUANA BUSINESS IN MICHIGAN Posted: July 10, 2019 Michigan is months away from licensing recreational marijuana businesses and opening a new chapter in the state’s cannabis industry. 0 comments Michigan cities opting out of recreational marijuana Posted: July 10, 2019 Many Michigan cities are opting out of recreational marijuana as the time for licensing from the state grows closer. 0 comments MICHIGAN IS CLOSER TO HAVING RECREATIONAL MARIJUANA BUSINESSES. Posted: July 10, 2019 Michigan’s Marijuana Regulatory Agency released emergency regulations for businesses planning on entering the recreational marijuana marketplace. 0 comments Michigan Released Emergency Recreational Marijuana Rules For Establishments Posted: July 3, 2019 Recreational marijuana smoking lounges, festivals and more are soon to be allowed in Michigan. They are defined under a set of emergency rules released. 0 comments House Votes To Block Feds From Enforcing Marijuana Laws Posted: July 2, 2019 The House of Representatives approved a measure on Thursday to prevent the DOJ from interfering with individual state marijuana laws 0 comments West Bloomfield doctor sentenced for diverting thousands of oxycodone pills Posted: June 25, 2019 A Detroit-area doctor was sentenced to prison today for his role in a scheme to distribute more than 23,000 pills of oxycodone. 0 comments The Sheeple Can Have A Win… The post Proposed bill would expunge records of many marijuana offenses appeared first on Komorn Law. View the full article
  7. When Proposal 1 passed in 2018 in Michigan for the adult recreational use of cannabis many employers wondered as to how that would impact their drug policies. An employer can refuse to hire an applicant and terminate an employee who tests positive for marijuana. Employers can still follow a drug-free policy. That does not change. In Eplee v. City of Lansing (MiLW No. 07-100073, 12 pages), the Michigan Court of Appeals ruled against the plaintiff (Eplee), who failed a drug test but had a medical marijuana card. The court ruled the employer didn’t violate the Michigan Medical Marihuana Act by revoking a conditional offer of employment. Have you been denied employment or terminated due to a medical marijuana recommendation? Komorn Law – provides legal guidance and consultation to patients, caregivers and businesses. Call Our Office 248-357-2550 In an unpublished opinion, a state appellate court held the Michigan Medical Marihuana Act (MMMA) did not provide a cause of action for an applicant whose conditional job offer was rescinded after he tested positive for marijuana during a mandatory pre-employment drug test. Eplee v. City of Lansing, 2019 Mich. App. LEXIS 277 (Feb. 19, 2019). Plaintiff’s claims against defendants essentially revolve around the following statutory language contained in MCL 333.26424(a): The state appellate court decision focused on the following MMMA provision: A qualifying patient who has been issued and possesses a registry identification card is not subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act . . . . The court held the MMMA did not make medical marijuana users a protected class. It also did not “provide an independent right protecting the medical use of marijuana in all circumstances.” This is at least the second decision involving failed drug tests, medical marijuana, and the MMMA; both were decided in the employer’s favor. Read the Entire Court Opinion Here Recent Posts Employers Can Refuse to Hire and Terminate Medical Marijuana Users Posted: July 15, 2019 An employer can refuse to hire an applicant and terminate an employee who tests positive for marijuana. 0 comments Court Policies Still Punish the Poor with Fines-Jail-Probation-Debt Posted: July 13, 2019 Court policies continue despite a 1983 U.S. Supreme Court decision that found it unconstitutional to incarcerate defendants too poor to pay fines. 0 comments Michigan Adult Recreational Use of Marijuana Posted: July 12, 2019 What is MRTMA? On November 6, 2018, Michigan voters approved Proposal 1, creating the Michigan Regulation and Taxation of Marihuana Act (MRTMA). Among other things, this Act delegates responsibility for marijuana licensing, regulation and enforcement to the Michigan Department of Regulatory Affairs (LARA). LARA’s Marijuana Regulatory Agency (MRA) is responsible for the oversight of medical and […] 0 comments THINGS TO KNOW IF YOU WANT TO START A MARIJUANA BUSINESS IN MICHIGAN Posted: July 10, 2019 Michigan is months away from licensing recreational marijuana businesses and opening a new chapter in the state’s cannabis industry. 0 comments Michigan cities opting out of recreational marijuana Posted: July 10, 2019 Many Michigan cities are opting out of recreational marijuana as the time for licensing from the state grows closer. 0 comments MICHIGAN IS CLOSER TO HAVING RECREATIONAL MARIJUANA BUSINESSES. Posted: July 10, 2019 Michigan’s Marijuana Regulatory Agency released emergency regulations for businesses planning on entering the recreational marijuana marketplace. 0 comments Michigan Released Emergency Recreational Marijuana Rules For Establishments Posted: July 3, 2019 Recreational marijuana smoking lounges, festivals and more are soon to be allowed in Michigan. They are defined under a set of emergency rules released. 0 comments House Votes To Block Feds From Enforcing Marijuana Laws Posted: July 2, 2019 The House of Representatives approved a measure on Thursday to prevent the DOJ from interfering with individual state marijuana laws 0 comments West Bloomfield doctor sentenced for diverting thousands of oxycodone pills Posted: June 25, 2019 A Detroit-area doctor was sentenced to prison today for his role in a scheme to distribute more than 23,000 pills of oxycodone. 0 comments The Rise of Fentanyl: Drug Addiction On The I-95 Posted: June 19, 2019 0 comments The post Employers Can Refuse to Hire and Terminate Medical Marijuana Users appeared first on Komorn Law. View the full article
  8. Low-income court defendants across the country have found themselves in a never-ending cycle of fines, jail, probation and debt. To punish him for high school truancy in 1999, Tennessee officials told him he would not be able to legally drive until he turned 21. He drove anyway, incurring two tickets and racking up more than $1,000 in fines and fees. Like other low-income defendants in similar situations across the country, Gibbs couldn’t pay and ended up serving jail time and probation. That incurred another cost: a monthly supervision fee to a private probation company. Rather than risk another arrest, Gibbs, now 38, decided to quit driving, which he said makes it nearly impossible to work. He said he spent several years living in a motel room with his mother, his disabled father and his sister before they all became homeless. In August, the family found housing in a dilapidated trailer, miles from the nearest town or food source. “Honestly, I feel like I’m being punished for being poor,” Gibbs said. Charged with a Felony or Misdemeanor? – Contact Komorn Law at 248-357-3550 for a free case evaluation. For years, state and city officials in the U.S. — unwilling to raise taxes — have steadily increased their reliance on court fines and fees to balance budgets. Poor defendants who can’t pay are jailed, clogging local lockups with people who in many cases have not been convicted of any crime and putting others on a probation that doesn’t end until all debts are erased. A growing number of legal groups and nonprofit organizations throughout the U.S. are challenging these practices, but they continue — despite a 1983 U.S. Supreme Court decision that found it unconstitutional to incarcerate defendants too poor to pay fines. Read the rest of the story HERE written by BY TRAVIS LOLLER, Associated Press and featured in the US News and World Report It also still happens here in Michigan… Court Rips Oakland County Judge Who Sent Man To Prison For Not Paying Recent Posts Court Policies Still Punish the Poor with Fines-Jail-Probation-Debt Posted: July 13, 2019 Court policies continue despite a 1983 U.S. Supreme Court decision that found it unconstitutional to incarcerate defendants too poor to pay fines. 0 comments Michigan Adult Recreational Use of Marijuana Posted: July 12, 2019 What is MRTMA? On November 6, 2018, Michigan voters approved Proposal 1, creating the Michigan Regulation and Taxation of Marihuana Act (MRTMA). Among other things, this Act delegates responsibility for marijuana licensing, regulation and enforcement to the Michigan Department of Regulatory Affairs (LARA). LARA’s Marijuana Regulatory Agency (MRA) is responsible for the oversight of medical and […] 0 comments THINGS TO KNOW IF YOU WANT TO START A MARIJUANA BUSINESS IN MICHIGAN Posted: July 10, 2019 Michigan is months away from licensing recreational marijuana businesses and opening a new chapter in the state’s cannabis industry. 0 comments Michigan cities opting out of recreational marijuana Posted: July 10, 2019 Many Michigan cities are opting out of recreational marijuana as the time for licensing from the state grows closer. 0 comments MICHIGAN IS CLOSER TO HAVING RECREATIONAL MARIJUANA BUSINESSES. Posted: July 10, 2019 Michigan’s Marijuana Regulatory Agency released emergency regulations for businesses planning on entering the recreational marijuana marketplace. 0 comments Michigan Released Emergency Recreational Marijuana Rules For Establishments Posted: July 3, 2019 Recreational marijuana smoking lounges, festivals and more are soon to be allowed in Michigan. They are defined under a set of emergency rules released. 0 comments House Votes To Block Feds From Enforcing Marijuana Laws Posted: July 2, 2019 The House of Representatives approved a measure on Thursday to prevent the DOJ from interfering with individual state marijuana laws 0 comments West Bloomfield doctor sentenced for diverting thousands of oxycodone pills Posted: June 25, 2019 A Detroit-area doctor was sentenced to prison today for his role in a scheme to distribute more than 23,000 pills of oxycodone. 0 comments The Rise of Fentanyl: Drug Addiction On The I-95 Posted: June 19, 2019 0 comments Kaneh Bosm: The Hidden Story of Cannabis in the Old Testament Posted: June 19, 2019 Chris Bennett takes a look at the fascinating references to cannabis, under the Hebrew name ‘kaneh bosm’ (spelling – qoph nun he’ – bet shim mem) in the Old Testament text that have been suggested by anthropologist Sula Benet and other researchers, with interviews from Prof Carl Ruck, Dr. Ethan Russo, David Hillman PhD., as […] 0 comments The post Court Policies Still Punish the Poor with Fines-Jail-Probation-Debt appeared first on Komorn Law. View the full article
  9. What is MRTMA? On November 6, 2018, Michigan voters approved Proposal 1, creating the Michigan Regulation and Taxation of Marihuana Act (MRTMA). Among other things, this Act delegates responsibility for marijuana licensing, regulation and enforcement to the Michigan Department of Regulatory Affairs (LARA). LARA’s Marijuana Regulatory Agency (MRA) is responsible for the oversight of medical and adult-use (recreational) marijuana in Michigan. View the Michigan communities that have notified LARA that they have opted out of the Licensed Facilities portion of MRTMA The Marijuana Regulatory Agency and the Michigan Dept of Agriculture & Rural Development issued joint guidance on CBD (cannabidiol) and industrial hemp. Komorn Law has been at the forefront of commercial marijuana regulatory compliance since the inception of the industry. Put our extensive experience to work for you by calling us at 248-357-2550 or contacting us online. The Marijuana Regulatory Agency Recreational marijuana smoking lounges, festivals and home delivery are soon to be allowed in Michigan. They are defined under a set of emergency rules state officials released. These rules have defined the launch of the recreational cannabis market in Michigan. The release was signed Tuesday by Governor Gretchen Whitmer. Cities Opting Out View the unofficial document compiled by Marijuana Regulatory Agency staff for informational purposes only. This is a working document that may be revised. Municipalities which have opted out of the licensed facilities portion of the Michigan Regulation and Taxation of Marihuana Act (MRTMA) Recent Posts Michigan Adult Recreational Use of Marijuana Posted: July 12, 2019 What is MRTMA? On November 6, 2018, Michigan voters approved Proposal 1, creating the Michigan Regulation and Taxation of Marihuana Act (MRTMA). Among other things, this Act delegates responsibility for marijuana licensing, regulation and enforcement to the Michigan Department of Regulatory Affairs (LARA). LARA’s Marijuana Regulatory Agency (MRA) is responsible for the oversight of medical and […] 0 comments THINGS TO KNOW IF YOU WANT TO START A MARIJUANA BUSINESS IN MICHIGAN Posted: July 10, 2019 Michigan is months away from licensing recreational marijuana businesses and opening a new chapter in the state’s cannabis industry. 0 comments Michigan cities opting out of recreational marijuana Posted: July 10, 2019 Many Michigan cities are opting out of recreational marijuana as the time for licensing from the state grows closer. 0 comments MICHIGAN IS CLOSER TO HAVING RECREATIONAL MARIJUANA BUSINESSES. Posted: July 10, 2019 Michigan’s Marijuana Regulatory Agency released emergency regulations for businesses planning on entering the recreational marijuana marketplace. 0 comments Michigan Released Emergency Recreational Marijuana Rules For Establishments Posted: July 3, 2019 Recreational marijuana smoking lounges, festivals and more are soon to be allowed in Michigan. They are defined under a set of emergency rules released. 0 comments House Votes To Block Feds From Enforcing Marijuana Laws Posted: July 2, 2019 The House of Representatives approved a measure on Thursday to prevent the DOJ from interfering with individual state marijuana laws 0 comments West Bloomfield doctor sentenced for diverting thousands of oxycodone pills Posted: June 25, 2019 A Detroit-area doctor was sentenced to prison today for his role in a scheme to distribute more than 23,000 pills of oxycodone. 0 comments The Rise of Fentanyl: Drug Addiction On The I-95 Posted: June 19, 2019 0 comments Kaneh Bosm: The Hidden Story of Cannabis in the Old Testament Posted: June 19, 2019 Chris Bennett takes a look at the fascinating references to cannabis, under the Hebrew name ‘kaneh bosm’ (spelling – qoph nun he’ – bet shim mem) in the Old Testament text that have been suggested by anthropologist Sula Benet and other researchers, with interviews from Prof Carl Ruck, Dr. Ethan Russo, David Hillman PhD., as […] 0 comments The Marijuana Regulatory Agency (MRA) holds its first public meeting Posted: June 13, 2019 The MRA is required to hold at least four public meetings each calendar year for the purpose of hearing complaints and receiving the views of the public regarding the administration of the authorities, powers, duties, functions, and responsibilities vested in the Agency. 0 comments The post Michigan Adult Recreational Use of Marijuana appeared first on Komorn Law. View the full article
  10. Michigan is months away from licensing recreational marijuana businesses and opening a new chapter in the state’s cannabis industry. Originally Posted in MLive Here Emergency rules were released this month by state officials to ensure that they meet a December deadline to launch the industry — or risk losing control. The 64-page document includes details for how the recreational marijuana industry will function, and gives a good indication of what interested entrepreneurs should expect in terms of state scrutiny. Here are 14 things to know if you’re interested in getting into the recreational marijuana market in Michigan: Komorn Law has been at the forefront of commercial marijuana regulatory compliance since the inception of the industry. Put our extensive experience to work for you by calling us at 248-357-2550 or contacting us online. 1. You need a state license to do business A state license is necessary to operate any kind of marijuana business in Michigan. Licensing fees start at $4,000 and top out at $40,000, depending on the type of business. The Marijuana Regulatory Agency controls the entire state licensing process, and oversees both the upcoming recreational and existing medical marijuana markets. It’s housed in the Department of Licensing and Regulatory Affairs. Depending on where your business is located, there may be a local license or permit from the municipality that is necessary as well. 2. There are multiple license types — and they can be combined Each function of the industry has a different state license type. They can be combined to make one large vertically integrated company. Here are the license types and a short description of the function of each one: -Retailer: brick and mortar storefront sales -Class A Grower: up to 100 plants -Class B Grower: up to 500 plants -Class C Grower: up to 2,000 plants -Excess Grower: for companies with at least two medical marijuana grow licenses and up to five Class C recreational licenses that want to operate on a large scale in the recreational market. -Microbusiness: individuals can grow up to 150 plants, process the material and sell it all at the same location -Processor: extracting and manufacturing products from marijuana flower like oils, edibles, vape cartridges and more -Secure Transporter: transportation company that moves products from growers to the lab, to processors and then to retail stores -Safety Compliance Facility: testing lab to make sure products meet state standards -Designated Consumption Establishment: a social use lounge or club There are also additional license types for people who want to host festivals. Marijuana flower at Yerba Buena farm, located about an outside of Portland, Oregon, Sept. 18, 2018. (Tanya Moutzalias | MLive.com) 3. License applications can be turned in starting Nov. 1 Officials with the Marijuana Regulatory Agency will begin accepting license applications Nov. 1. Once a business turns their license in, the agency has 90 days to turn it around. If applicants don’t respond to officials’ questions or requests for more documentation within five days, their application could be denied. 4. Retail stores will have to be owned by a medical marijuana company at first Under state law, for the first two years of the recreational marijuana program, only business owners that hold a medical marijuana provisioning center license will be allowed to apply for a retailer license in the adult-use market. That requirement will stay in place until November 2021. However, officials have the option to remove that requirement in November 2020 if they deem it necessary. 5. Large-scale growers will have to be owned by a medical marijuana company at first The same prerequisite licensing requirement is in place for large-scale growers who want a Class B, Class C or an Excess Grow license. Under state law, for the first two years of the recreational marijuana program, only business owners that hold a medical marijuana grow license will be allowed to apply for a large-scale grow license in the adult-use market. That requirement will stay in place until November 2021. However, officials have the option to remove that requirement in November 2020 if they deem it necessary. 6. Processors will have to be owned by a medical marijuana company at first The same prerequisite licensing requirement is in place for processors. Under state law, for the first two years of the recreational marijuana program, only business owners that hold a medical marijuana processing license will be allowed to apply for a processing license in the adult-use market. That requirement will stay in place until November 2021. However, officials have the option to remove that requirement in November 2020 if they deem it necessary. If you’re interested in starting a medical marijuana business you will need an attorney – click here to learn more about it regulations, licensing and legal issues. 7. Transporters will have to be owned by a medical marijuana company at first The same prerequisite licensing requirement is in place for secure transporting companies. Under state law, for the first two years of the recreational marijuana program, only business owners that hold a medical marijuana secure transporter license will be allowed to apply for a secure transporter license in the adult-use market. That requirement will stay in place until November 2021. However, officials have the option to remove that requirement in November 2020 if they deem it necessary. 8. Only Michigan residents can start a small business at first Prospective small business owners who want to grow on a small scale with a Class A grow license or start a microbusiness don’t have to hold any medical marijuana license. But they do have to be Michigan residents, for the first two years of the program. That requirement will stay in place until November 2021. However, officials have the option to remove that requirement in November 2020 if they deem it necessary. 9. Lab licenses have no residency requirements There are no residency requirements or medical marijuana licensing requirements for individuals interested in obtaining a safety compliance facility license — unlike the other license types. However, the owner of a safety compliance facility — more commonly known as a testing lab — cannot have an ownership interest in any other type of marijuana business. 10. This type of crime will disqualify you If the business license applicant has previously been convicted for distributing a controlled substance to a minor, they are automatically not eligible for a recreational marijuana business license. Additionally, there are other specific situations that would prompt state officials to immediately reject a license application: -If the prospective business lies in their application -If the applicant either works for or consults with the Marijuana Regulatory Agency or LARA -If the applicant is an elected government official in Michigan, in another state or in the federal government — or if the applicant is employed by any governmental unit — in Michigan or elsewhere 11. State officials have discretion to deny you a license State regulators have broad discretion to deny a business license application based on their judgement of the applicant’s background, under the emergency rules. Per the rules, regulators are allowed to consider the following: -Whether anyone with an ownership stake in the company has “a pattern of convictions involving dishonesty, theft, or fraud that indicate the proposed marihuana establishment is unlikely to be operated with honesty and integrity” -Whether the applicant has any delinquent taxes – Whether the applicant has “a history of noncompliance with any regulatory requirements, all legal judgments, lawsuits, legal proceedings, charges, or government investigations, whether initiated, pending, or concluded, against the applicant, that are related to business operations, including, but not limited to fraud, environmental, food safety, labor, employment, worker’s compensation, discrimination, and tax laws and regulations, in this state or any other jurisdiction” 12. Expect background checks and inspections State officials will be scrutinizing both the individuals that want to start recreational marijuana businesses, their business plans and the physical facilities involved. Understanding who regulators consider to be “applicants” for state licenses is important. Though it varies slightly according to how the business is incorporated, the basic definition of an applicant is anyone with more than 10 percent ownership of the company. In some cases, this includes their spouses as well. Every applicant will have to undergo a background check, and should expect to submit a year’s worth of tax returns and to disclose criminal and financial background information. Additionally, the businesses have to have a physical building and must pass a prelicensure inspection within 60 days of submitting their license application to the state. 13. Be aware of local laws Cities and townships have the ability to ban recreational marijuana businesses from opening up their doors — and more than 600 have done so at this point. Municipalities also have the ability to start local licensing programs for adult-use marijuana businesses — but they don’t have to. That means if a city or township hasn’t banned recreational marijuana — and has no local licensing requirements for the industry — businesses only need a state license to operate. It’s important to note that even if a city or township has banned medical marijuana businesses, that has little to no impact on the recreational marijuana industry. Even though most of the major adult-use business license types require the applicant to hold a medical marijuana license as well, that doesn’t mean the recreational business has to open up shop at the same location of the medical marijuana business. 14. No proof of capitalization is needed Prospective businesses don’t have to show state officials proof that they have money available to start their company. That’s important to note because medical marijuana business applicants are required to show officials proof of capitalization. In the medical industry, potential businesses have to have from $200,000 to $500,000 in assets in order to be licensed. Originally Posted in MLive Here – MLive provides many great news articles about Medical and Recreational Marijuana in the State of Michigan. Do a Search. THINGS TO KNOW IF YOU WANT TO START A MARIJUANA BUSINESS IN MICHIGAN Posted: July 10, 2019 Michigan is months away from licensing recreational marijuana businesses and opening a new chapter in the state’s cannabis industry. 0 comments Michigan cities opting out of recreational marijuana Posted: July 10, 2019 Many Michigan cities are opting out of recreational marijuana as the time for licensing from the state grows closer. 0 comments MICHIGAN IS CLOSER TO HAVING RECREATIONAL MARIJUANA BUSINESSES. Posted: July 10, 2019 Michigan’s Marijuana Regulatory Agency released emergency regulations for businesses planning on entering the recreational marijuana marketplace. 0 comments Michigan Released Emergency Recreational Marijuana Rules For Establishments Posted: July 3, 2019 Recreational marijuana smoking lounges, festivals and more are soon to be allowed in Michigan. They are defined under a set of emergency rules released. 0 comments House Votes To Block Feds From Enforcing Marijuana Laws Posted: July 2, 2019 The House of Representatives approved a measure on Thursday to prevent the DOJ from interfering with individual state marijuana laws 0 comments West Bloomfield doctor sentenced for diverting thousands of oxycodone pills Posted: June 25, 2019 A Detroit-area doctor was sentenced to prison today for his role in a scheme to distribute more than 23,000 pills of oxycodone. 0 comments The Rise of Fentanyl: Drug Addiction On The I-95 Posted: June 19, 2019 0 comments Kaneh Bosm: The Hidden Story of Cannabis in the Old Testament Posted: June 19, 2019 Chris Bennett takes a look at the fascinating references to cannabis, under the Hebrew name ‘kaneh bosm’ (spelling – qoph nun he’ – bet shim mem) in the Old Testament text that have been suggested by anthropologist Sula Benet and other researchers, with interviews from Prof Carl Ruck, Dr. Ethan Russo, David Hillman PhD., as […] 0 comments The Marijuana Regulatory Agency (MRA) holds its first public meeting Posted: June 13, 2019 The MRA is required to hold at least four public meetings each calendar year for the purpose of hearing complaints and receiving the views of the public regarding the administration of the authorities, powers, duties, functions, and responsibilities vested in the Agency. 0 comments Nevada bans employers from refusing to hire those who fail marijuana tests Posted: June 13, 2019 (Posted on CNN) Starting in 2020, Nevada employers cannot refuse to hire a job applicant for failing a marijuana screening test, making it the first state to pass such a law. “It is unlawful for any employer in this State to fail or refuse to hire a prospective employee because the prospective employee submitted to […] 0 comments The post THINGS TO KNOW IF YOU WANT TO START A MARIJUANA BUSINESS IN MICHIGAN appeared first on Komorn Law. 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  11. Many Michigan cities are opting out of recreational marijuana. Opting out of making money…OK. Alcona Greenbush Township Gustin Township Mikado Township Allegan Allegan Township Cheshire Township Heath Township Overisel Township Plainwell Saugatuck Trowbridge Township Wayland Township Alpena Aplena Charter Township Sanborn Township Antrim – Bellaire – Custer Township – Village of Elk Rapids – Elk Rapids Township – Forest Home Township – Mancelona Township – Milton Township Arenac – Standish – Whitney Township Baraga Count Village of L’Anse Barry County – Hastings – Middleville – Rutland Charter Townshi – Yankee Springs Bay County Beaver Township Essexville Hampton Charter Township Merritt Township Mt. Forest Township Benzie Almira Township Beulah Frankfort Homestead Township Inland Township Berrien – Bridgman – Chikaming Township – Coloma – Lincoln Charter Township – New Buffalo – Oronoko Charter Township – St. Joseph – Three Oaks Township Branch Bronson City of Coldwater Coldwater Township Calhoun – Albion – Eckford Township – Marengo Township – Marshall Township – Newtown Township – Sheridan Township Cass Howard Township Jefferson Township LaGrange Township Marcellus Newberg Township Ontwa Township Penn Township Porter Township Silver Creek Township Volinia Township Wayne Township Charlevoix Charlevoix East Jordan Eveline Township Norwood Township South Arm Township Cheboygan Grant Township Mackinaw City Chippewa Sault Ste Marie Clare – Clare – Farwell – Freeman Township – Frost Township – Harrison Clinton Bengal Township Bingham Dallas Township Essex Township Greenbush Township Olive Township Ovid Township Westphalia Township Delta – Ensign Township – Maple Ridge Township Dickson – Breitung Charter Township – Felch Township – Norway Eaton – Bellevue Township – Delta Township – Eaton Rapids – Grand Ledge – Vermontville Emmet – Bear Creek Township – Harbor Springs – McKinley Township – Pellston – Petosky – Springvale Township – West Traverse Township Genesee Argentine Township Atlas Township Clio Davison Township Fenton Flushing Flushing Charter Township Gaines Gaines Township Goodrich Grand Blanc Grand Blanc Charter Township Linden Mt. Morris Township Mundy Charter Township Richfield Township Vienna Township Gladwin – Beavertown – Beaverton Township – Gladwin Gogebic – Bessemer – Ironwood Grand Traverse – Blair Township – Grant Township – Long Lake Township Gratiot – Alma – North Shade Township – North Star Township – Sumner Township Hillsdale – Hillsdale – Hillsdale Township Litchfield Township Houghton – Hancock Huron – Fairhaven Township – Windsor Township Ingham Dansville Ingham Township Locke Township Mason Stockbridge Williamston Ionia – Odessa Township – Portland Iosco – East Tawas – Tawas City – Tawas Township Iron – Bates Township – Caspian Isabella – Nottawa Township Jackson – Blackman Charter Township – Columbia Township – Concord Township – Springport Township Kalamazoo – Brady Township – Charleston Township – Cooper Township – Portage – Prairie Ronde Township – Ross Township – Schoolcard – Texas Charter Township Kent – Ada Township – Alpine Township – Byron Township – Cedar Springs – Kentwod – Rockford – Sparta – Walker – Wyoming Lake – Pinora Township Lapeer – Almont Township – Columbiaville – Elba Township – Lapeer Township – Northbranch Leelanau – Cleveland Township – Elmwood Charter Township – Glen Arbor Township – Leelanau Township – Solon Township – Suttons Bay – Suttons Bay Township Lenawee – Adrian Township – Blissfield – Cambridge Township – Clinton – Dover Township – Fairfield Township – Hudson – Morenci – Raisin Charter Township – Tecumseh Livingston – Brightong – Brighton Township – Conway Township – Genoa Township – Green Oak Township – Hartland Township – Howell – Iosco Township – Marion Township – Ocelola Township – Pinckney – Putnam Township – Tyrone Township – Unadilla Township Luce – Pentland Township Mackinac – Hendricks Township – St. Ignace Macomb – Armada – Center Line – Chesterfield Township – Harrison Township – Macomb Township – Memphis – New Baltimore – New Haven – Ray Township – Richmond – Richmond Township – Shelby Township – St. Clair Shores – Sterling Heights – Washington Township Manistee – Manistee – Norman Township Marquette – Forsyth Township – Ishpeming – Powell Township Mason – Custer Township – Village of Custer – Grant Township – Meade Township – Pere Marquette Charter Township – Scottville – Sheridan Township – Victory Township Mecosta – Green Charter Township – Martiny Township – Morton Township Menominee – Mellen Township – Stephenson Midland – Coleman – Hope Township – Ingersoll Township – Jerome Township – Midland Monroe – Berlin Township – Frenchtown Township – Luna Pier – Monroe – Raisinville Township – Whiteford Township Montcalm – Carson City – Day Township – Eureka Township – Village of Lakeview – Montcalm Township – Sidney Township Montmorency – Avery Township – Hillman Township – Village of Hillman Muskegon – Blue Lake Township – Casanovia Township – Montague – North Muskegon – Norton Shores – Whitehall Newaygo – Ashland Township – Fremont – Newaygo Oakland – Addison Township – Bloomfield Township – Commerce Township – Franklin – Leonard – Milford – Northville – Novi – Orchard Lake – Oxford Township – Wolverine Lake – Rochester – Rochester Hills – West Bloomfield Township – Wixom Oceana – Grant Township – Rothbury – Shelby Township Ogemaw – Churchill Township Ontonagon – Stannard Township Osceola – Evart – Hersey Township – Reed City Otsego – Bagley Township – Corwith Township – Gaylord – Hayes Township – Otsego Lake Township – Vanderbilt Ottawa – Ferrysburg – Georgetown Township – Grand Haven – Grand Haven Charter Township – Hart – Holland – Holland Township – Jamestown Township – Olive Township – Spring Lake – Wright Township – Zeeland Roscommon – Gerrish Township – Higgins Townsihp – Nester Township – Roscommon Township Saginaw – Birch Run – Bridgeport Township – Carrollton Township – Chesaning Township – Frankenmuth Township – Kochville Township – Richland Township – Saginaw Township – Thomas Township – Tittabawassee Township – Zilwaukee Sanilac – Bridgehampton Township – Brown City – Carsonville – Deckerville – Elmer Township – Flynn Township – Forester Township – Greenleaf Township – Lamotte Township – Maple Valley Township – Marlette – Village of Melvin – Minden Township – Moore Township – Port Sanilac – Sandusky – Speaker Township – Washington Township – Watertown Township Schoolcraft – Manistique Shiawassee – Morrice – Perry St. Clair – Algonac – Berlin Township – Burtchville Township – Casco Township – China Township – Columbus Township – Ira Township – Kenockee Township – Kimball Township – Marine City – Port Huron Township – St. Clair – St. Clair Township St. Joseph – Colon township – Constantine Township – Fawn Ribert Township – Lockport Township – Mottville Township – Nottawa Township – Park Township – Sherman Township – Sturgis Township Tuscola – Village of Cass City – Denmark Township – Gagetown – Tuscola Township – Unionville Van Buren – Covert Township – Geneva Township – Hartford Township – Keeler Township – Lawrence Township – Village of Lawton Washtenaw – Chelsea – Lima Township – Saline – Webster Township Wayne – Allen Park – Canton Township – Dearborn – Flat Rock – Grosse Pointe – Grosse Pointe Park – Grosse Pointe Shores – Grosse Pointe Woods – Harper Woods – Livonia – Northville Charter Township – Plymouth – Plymouth Charter Township – Riverview – Sumpter Township – Van Buren Township – Woodhaven – Wyandotte Wexord – Clam Lake Township – Colfax Township – Springville Township The post Michigan cities opting out of recreational marijuana appeared first on Komorn Law. 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  12. July 2019 The House of Representatives approved a measure to prevent the DOJ from interfering with individual state marijuana laws, including those allowing recreational use, cultivation and sales. The amendment, would also shield cannabis laws in Washington, D.C. and U.S. territories, is attached to a large-scale appropriations bill to fund parts of the federal government for Fiscal Year 2020. The inclusion of adult-use programs represents a significant expansion of an existing policy that protects only local medical cannabis laws from federal intervention which was first enacted in 2014. The expansive attachment was approved in a floor vote of 267 to 165. The tally is considered by legalization supporters to be an signal of the depth of support there is in Congress for a more comprehensive change to federal marijuana policies. “This is the most significant vote on marijuana reform policy that the House of Representatives has ever taken,” said NORML Political Director Justin Strekal. “Today’s action by Congress highlights the growing power of the marijuana law reform movement and the increasing awareness by political leaders that the policy of prohibition and criminalization has failed.” “The historic nature of this vote cannot be overstated,” he said. “For the first time, a chamber of Congress has declared that the federal government should defer to state cannabis laws.” The measure, sponsored by Reps. Earl Blumenauer (D-OR), Eleanor Holmes Norton (D-DC) and Tom McClintock (R-CA), would bar the Department of Justice from spending money to prevent states and territories from implementing their own laws that authorize the use, distribution, possession, or cultivation of marijuana. “We’re watching the growth of this industry, a multibillion-dollar industry. We’re watching state after state move forward,” Blumenauer said in a floor debate on the state protection amendment on Wednesday evening. “Every one of us on the floor of the House who are here now represent areas that have taken action. We have had embedded in our legislation protections for medical marijuana. And this would simply extend that same protection to prevent the Department of Justice interfering with adult use. I strongly, strongly urge that we build on the legacy that we’ve had in the past, that we move this forward to allow the federal government to start catching up to where the rest of the states are.” House Democratic leadership urged their conference to support the measure in a whip email on Thursday, and only eight members of the party voted against it. Lobbying For The Whole Pie The passage of the state protection amendment comes despite congressional offices receiving an 11th-hour email saying Greenwich Biosciences, maker of the Food and Drug Administration (FDA)-approved CBD-based medication Epidiolex, wanted lawmakers to defeat it. Earlier on Thursday, the House approved an amendment from Rep. Jerry McNerney (D-CA) that directs the Food and Drug Administration to establish a process for regulating CBD in foods and dietary supplements. Yes/No Another measure passed in a voice vote, from Rep. Alexandria Ocasio-Cortez (D-NY), shifts $5 million away from the Drug Enforcement Administration toward an opioid treatment program. Another Ocasio-Cortez amendment aimed at removing barriers to research on psychedelic drugs such as psilocybin and MDMA (ecstasy) was soundly defeated on the House floor last week. The House is set to consider another amendment on the spending legislation in the coming days that would allow military veterans to receive medical marijuana recommendations from Department of Veterans Affairs doctors. Make Laws-Make Money Another bill maneuvering through the House contains language to protect banks working with state-legal cannabis businesses and removes a longstanding rider that has prevented Washington, D.C. from spending its own local tax dollars to legalize and regulate marijuana sales. A safe marijuana banking bill was cleared by the Financial Services Committee and is expected to receive a floor vote. The Veterans’ Affairs Committee held a hearing on four separate pieces of legislation concerning cannabis and military veterans on Thursday. And the Small Business Committee hosted a Wednesday hearing on issues facing cannabis firms, with the panel’s chairwoman announcing she would soon file a bill on the issue. Summary: H.R.3055 — 116th Congress (2019-2020) https://www.congress.gov/bill/116th-congress/house-bill/3055 The post House Votes To Block Feds From Enforcing Marijuana Laws appeared first on Komorn Law. View the full article
  13. Recreational marijuana smoking lounges, festivals and home delivery are soon to be allowed in Michigan. They are defined under a set of emergency rules state officials released. These rules have defined the launch of the recreational cannabis market in Michigan. The release was signed Tuesday by Governor Gretchen Whitmer. The rules outline how the new adult-use market will function and how the business license application process will work. It is also how the recreational and medical marijuana industries will interact. The release of the rules is intended to give local governments time to decide whether they want to ban adult-use marijuana businesses before the state Marijuana Regulatory Agency begins accepting business license applications. The emergency rules expire in six months. Thinking of Growing Hemp or Starting A Cannabis Business? You will require legal guidance – Komorn Law – provides legal guidance and consultation to those interested in Cannabis and Hemp businesses. Call 248-357-2550 “It provides clarity on the state’s approach on establishing the regulatory program and doing so in a way that is consistent as possible with the standards in the medical market that exist now, and doing so in a way that provides adequate time for municipalities to evaluate what we put in the rules and to make a determination on how the municipality wants to approach this new market before we start taking applications,” said agency Director Andrew Brisbo Read the more here at MLive Recent Posts Michigan Released Emergency Recreational Marijuana Rules For Establishments Posted: July 3, 2019 Recreational marijuana smoking lounges, festivals and more are soon to be allowed in Michigan. They are defined under a set of emergency rules released. 0 comments West Bloomfield doctor sentenced for diverting thousands of oxycodone pills Posted: June 25, 2019 A Detroit-area doctor was sentenced to prison today for his role in a scheme to distribute more than 23,000 pills of oxycodone. 0 comments The Rise of Fentanyl: Drug Addiction On The I-95 Posted: June 19, 2019 0 comments Kaneh Bosm: The Hidden Story of Cannabis in the Old Testament Posted: June 19, 2019 Chris Bennett takes a look at the fascinating references to cannabis, under the Hebrew name ‘kaneh bosm’ (spelling – qoph nun he’ – bet shim mem) in the Old Testament text that have been suggested by anthropologist Sula Benet and other researchers, with interviews from Prof Carl Ruck, Dr. Ethan Russo, David Hillman PhD., as […] 0 comments The Marijuana Regulatory Agency (MRA) holds its first public meeting Posted: June 13, 2019 The MRA is required to hold at least four public meetings each calendar year for the purpose of hearing complaints and receiving the views of the public regarding the administration of the authorities, powers, duties, functions, and responsibilities vested in the Agency. 0 comments Nevada bans employers from refusing to hire those who fail marijuana tests Posted: June 13, 2019 (Posted on CNN) Starting in 2020, Nevada employers cannot refuse to hire a job applicant for failing a marijuana screening test, making it the first state to pass such a law. “It is unlawful for any employer in this State to fail or refuse to hire a prospective employee because the prospective employee submitted to […] 0 comments USDA To Release Hemp Regulations In Time For 2020 Posted: May 20, 2019 The 2018 Farm Bill includes new guidelines for growing hemp. It moves hemp under the Title 1 commodity program. Early this year, USDA issued a Notice to Trade, stating they are in the process of gathering information to initiate rule making necessary to implement this program. The USDA’s goal is to issue regulations in fall […] 0 comments Professionals say CBD products don’t affect drug test results Posted: May 20, 2019 DOTHAN, Ala. (WTVY) (5/20/2019) – Cannabidiol oil is becoming very popular around the world and some have raised concern on whether it’s hindering people from passing drug tests. THC is the compound in marijuana that gets people high. Cannabidiol oil (CBD) is another product that can come from hemp or marijuana. Many states have laws for […] 0 comments Horn v. Med. Marijuana, Inc. Posted: May 20, 2019 A federal court in New York has ruled that a racketeering and fraud case against a trio of related companies can go ahead based on a truck driver’s claims after he failed a drug test after using one of the firms’ CBD products. 0 comments Michigan State Police raid home of Macomb County prosecutor Posted: May 15, 2019 MACOMB TOWNSHIP, Mich. (WXYZ) — Michigan State Police executed a raid at the home of Macomb County Prosecutor Eric Smith in Macomb Township, sources confirm to 7 Action News. 7 Investigator Jim Kiertnzer was on the scene and said agents removed surveillance cameras from Smith’s home. The raid is in connection to state police’s investigation […] 0 comments The post Michigan Released Emergency Recreational Marijuana Rules For Establishments appeared first on Komorn Law. View the full article
  14. June 19, 2019 DETROIT – A Detroit-area doctor was sentenced to 60 months in prison today for his role in a scheme to unlawfully distribute more than 23,000 pills of oxycodone. Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Matthew Schneider of the Eastern District of Michigan, Special Agent in Charge Timothy J. Plancon of the U.S. Drug Enforcement Administration’s Detroit Division, Special Agent in Charge Timothy R. Slater of the FBI’s Detroit Division and Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services Office of Inspector General’s Chicago Regional Office made the announcement. Alex Kafi, M.D., 70, of West Bloomfield, Mich., was sentenced by U.S. District Judge Victoria A. Roberts of the Eastern District of Michigan. Kafi pleaded guilty in August 2018 to one count of conspiracy to distribute controlled substances. “Betraying his duties as a licensed physician, Alex Kafi, accepted cash in exchange for writing medically unnecessary prescriptions for addictive opioids as part of a scheme that flooded Michigan with thousands of doses of oxycodone,” said Assistant Attorney General Benczkowski. “Holding corrupt doctors accountable is critical to our ongoing efforts to combat the opioid epidemic nationwide and the Department of Justice will continue to aggressively pursue medical professionals like Alex Kafi.” “Today’s opioid epidemic is fueled, in part, by the greed of certain doctors who knowingly prescribe legitimate pain medications to individuals for no legitimate medical purpose,” said U.S. Attorney Schneider. “Dr. Kafi’s action contributed to Michigan’s opioid crisis for the sole purpose of lining his pockets. We will continue to use every means available to investigate and prosecute these cases.” “Today’s sentencing is a reminder of DEA’s determination to bring medical professionals who betray the trust of their community to justice,” said Special Agent in Charge Plancon. “The DEA, through regulation and enforcement, will continue to partner with other law enforcement agencies to identify, investigate and prosecute licensed physicians, like Dr. Kafi, who use their medical profession and position to conceal the unlawful diversion and distribution of prescription drugs.” As part of his guilty plea, Kafi admitted that from 2013 through May 2017, he engaged in a scheme in which he wrote medically unnecessary prescriptions for oxycodone in exchange for cash. Kafi wrote these fraudulent prescriptions often without ever meeting or communicating with the patient. Instead, Kafi conspired with patient recruiters who provided him with lists of patients, along with $300 per prescription of oxycodone, he admitted. Kafi admitted the scheme involved approximately 693,000 milligrams of oxycodone. He agreed to forfeit $617,208.00, representing proceeds of his criminal activity. Kafi’s co-defendant, Danielle Smith, was sentenced by Judge Roberts to serve 32 months in prison on Feb. 7, 2019. Additional co-defendant Cheryl Ozoh awaits sentencing. Smith and Ozoh each also pleaded guilty to one count of conspiracy to distribute controlled substances. The DEA, HHS-OIG and FBI investigated the case. Trial Attorney Steven Scott of the Criminal Division’s Fraud Section is prosecuting the case. The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and U.S. Department of Health and Human Services to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers. The post West Bloomfield doctor sentenced for diverting thousands of oxycodone pills appeared first on Komorn Law. View the full article
  15. Chris Bennett takes a look at the fascinating references to cannabis, under the Hebrew name ‘kaneh bosm’ (spelling – qoph nun he’ – bet shim mem) in the Old Testament text that have been suggested by anthropologist Sula Benet and other researchers, with interviews from Prof Carl Ruck, Dr. Ethan Russo, David Hillman PhD., as well as drug historians and authors Chris Conrad, Michael Horowitz, Martin Lee, and Michael Aldrich. Included is a discussion of the linguistics behind the theory as well as a look at the references in context of the Biblical story line and the use of cannabis by the surrounding cultures who influenced the Jewish cosmology, such as the Assyrians, Babylonians, Persians, Canaanites and Scythians. Produced by www.urbanshaman.net www.kush.ca Thinking of Growing Hemp or Starting A Cannabis Business? You will require legal guidance – Komorn Law – provides legal guidance and consultation to those interested in Cannabis and Hemp businesses. Call 800-656-557 The post Kaneh Bosm: The Hidden Story of Cannabis in the Old Testament appeared first on Komorn Law. View the full article
  16. The Marijuana Regulatory Agency (MRA) held its first public meeting on Thursday, June 13, 2019. The meeting took place at the Williams Building, 525 West Ottawa Street, Lansing, Michigan in the First Floor Auditorium at 9:30 A.M. The MRA is required to hold at least four public meetings each calendar year for the purpose of hearing complaints and receiving the views of the public regarding the administration of the authorities, powers, duties, functions, and responsibilities vested in the Agency. The MRA intends to livestream the meeting on the Department of Licensing and Regulatory Affairs’ Facebook page for those who are unable to attend in person. Andrew Brisbo speaks to a medical marijuana patient at the Marijuana Regulatory Agency meeting The purpose of this public hearing is to receive public comment on the MRA’s administration of the following statutes: Michigan Medical Marihuana Act (2008) Michigan Medical Marihuana Facilities Licensing Act (2016) Marihuana Tracking Act (2016) Michigan Regulation and Taxation of Marihuana Act (2018) Recent Posts The post The Marijuana Regulatory Agency (MRA) holds its first public meeting appeared first on Komorn Law. View the full article
  17. (Posted on CNN) Starting in 2020, Nevada employers cannot refuse to hire a job applicant for failing a marijuana screening test, making it the first state to pass such a law. “It is unlawful for any employer in this State to fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the screening test indicate the presence of marijuana,” states the law, signed by Gov. Steve Sisolak on June 5. There are some exceptions. The law does not apply to firefighters, EMTs, employees who operate a motor vehicle, or those who, in the determination of the employer, could adversely affect others’ safety. If an employer requires a new hire to take a screening test, then the new employee has the right to submit to an additional screening test to rebut the results, the law states. The employer must accept that follow-up test, the law says. “As our legal cannabis industry continues to flourish, it’s important to ensure that the door of economic opportunity remains open for all Nevadans,” Gov. Sisolak said. “That’s why I was proud to sign AB132 into law, which contains common-sense exceptions for public safety and transportation professionals.” Read the rest of the report and watch the video from the Original CNN Post here By Eric Levenson and Chris Boyette, CNN Wed June 12, 2019 Charged with Drugged Driving, DUI or Marijuana Related Offenses? For over 25 years Komorn Law has successfully defended clients charged or arrested for criminal offenses for drugged driving, DUI, Marijuana, CCE, Conspiricy and more. Call 248-357-2550 Read client reviews here on AVVO . Recent Posts The Marijuana Regulatory Agency (MRA) holds its first public meeting Nevada bans employers from refusing to hire those who fail marijuana tests USDA To Release Hemp Regulations In Time For 2020 Professionals say CBD products don’t affect drug test results Horn v. Med. Marijuana, Inc. The post Nevada bans employers from refusing to hire those who fail marijuana tests appeared first on Komorn Law. View the full article
  18. The 2018 Farm Bill includes new guidelines for growing hemp. It moves hemp under the Title 1 commodity program. Early this year, USDA issued a Notice to Trade, stating they are in the process of gathering information to initiate rule making necessary to implement this program. The USDA’s goal is to issue regulations in fall 2019 to accommodate the 2020 planting season, the agency said in a recent release. “During the 2019 planting season, the 2018 Farm Bill directs that states, tribes and institutions of higher education may continue operating under authorities of the 2014 Farm Bill until 12 months after USDA establishes the plan and regulations required under the 2018 Farm Bill,” they said in the release. READ THIS – https://michiganhempindustries.com/mdard-industrial-hemp-ag-pilot-program-for-2019-planting-season/ Recent Posts USDA To Release Hemp Regulations In Time For 2020 Posted: May 20, 2019 The 2018 Farm Bill includes new guidelines for growing hemp. It moves hemp under the Title 1 commodity program. Early this year, USDA issued a Notice to Trade, stating they are in the process of gathering information to initiate rule making necessary to implement this program. The USDA’s goal is to issue regulations in fall […] 0 comments Professionals say CBD products don’t affect drug test results Posted: May 20, 2019 DOTHAN, Ala. (WTVY) (5/20/2019) – Cannabidiol oil is becoming very popular around the world and some have raised concern on whether it’s hindering people from passing drug tests. THC is the compound in marijuana that gets people high. Cannabidiol oil (CBD) is another product that can come from hemp or marijuana. Many states have laws for […] 0 comments Case against U.S. CBD firms moves forward Posted: May 20, 2019 A federal court in New York has ruled that a racketeering and fraud case against a trio of related companies can go ahead based on a truck driver’s claims after he failed a drug test after using one of the firms’ CBD products. 0 comments Michigan State Police raid home of Macomb County prosecutor Posted: May 15, 2019 MACOMB TOWNSHIP, Mich. (WXYZ) — Michigan State Police executed a raid at the home of Macomb County Prosecutor Eric Smith in Macomb Township, sources confirm to 7 Action News. 7 Investigator Jim Kiertnzer was on the scene and said agents removed surveillance cameras from Smith’s home. The raid is in connection to state police’s investigation […] 0 comments MICHIGAN ATTORNEY GENERAL PUSHES FOR MARIJUANA BANKING Posted: May 13, 2019 Michigan Attorney General Dana Nessel is taking measures to move the marijuana industry in the state forward by trying to troubleshoot legal issues and supporting federal legislation that would make it easier for weed businesses to bank their money. This week she announced she’s started a legal work group on medical and recreational marijuana issues […] 0 comments MICHIGAN COURT RULES-NO MARIJUANA SMOKING IN PARKED CARS Posted: May 13, 2019 According to MLive the Appeals Court concluded that it is illegal for medical marijuana patients to smoke marijuana in their car when parked in public places. This ruling comes for a case in August of 2013. When a medical marijuana patient, Robert Michael Carlton smoked a joint in his car parked at the Soaring Eagle Casino. […] 0 comments MICHIGAN HEMP INDUSTRIES – MEETING – May 29 2019 Posted: May 8, 2019 MICHIGAN HEMP INDUSTRIES – MEETING – May 29 2019 Who: Michigan Hemp Industries What: Networking – Member Meeting When: Wednesday, May 29, 2019 Where: 30903 Northwestern Hwy, Farmington Hills, MI 48334 Time: 6pm – 8pm Event This event provides a good chance to network and learn more about the Michigan Hemp Industries as well as the current status and the future of […] 0 comments Traveling by Air With CBD-Can You? Posted: May 8, 2019 CBD has swiftly made its way into every aspect of daily life including air travel. Rules and regulations concerning traveling with CBD onto planes and into airports are unclear. CBD is legal in some states and the TSA is a federally ran agency with airports subject to federal laws and marijuana is still considered federally illegal. The […] 0 comments Federal Marijuana Revenue and Regulation Act – The 420 Bill Posted: May 8, 2019 According to the new bill, the Marijuana Revenue and Regulation Act has been given the surname of S. 420 0 comments Marijuana Regulatory Agency Addresses Recent Court Decisions Posted: May 2, 2019 May 2, 2019 – As of April 30, 2019, the Marijuana Regulatory Agency (MRA) was established via Governor Whitmer’s Executive Order 2019-7. Over the next several weeks, the MRA, led by Executive Director Andrew Brisbo, will be implementing new practices to streamline the application process and ensure access to safe marijuana products. Earlier this week, the Court of […] 0 comments The post USDA To Release Hemp Regulations In Time For 2020 appeared first on Komorn Law. View the full article
  19. Michigan Attorney General Dana Nessel is taking measures to move the marijuana industry in the state forward by trying to troubleshoot legal issues and supporting federal legislation that would make it easier for weed businesses to bank their money. This week she announced she’s started a legal work group on medical and recreational marijuana issues to regularly review and analyze laws and regulations that affect the Michigan market. “We are working hard now to avoid the years of uncertainty, lawsuits, appeals and uncertainty that followed the enactment of Michigan’s Medical Marijuana Act in 2008,” Nessel said in a statement. “With new laws and regulations on the books, particularly concerning recreational marijuana, I am confident this diverse group collectively has the knowledge, experience, and thus credibility to make recommendations that will be accepted and implemented by all involved.” The state of Michigan has also faced numerous lawsuits over its implementation of the 2016 law — the Medical Marihuana Facilities Licensing Act — in the past year. Most recently in April, Court of Claims Judge Stephen Borrello chastised officials in the Department of Licensing and Regulatory Affairs for being “ill-equipped” to handle the licensing process in a timely manner — which has led to a market of unlicensed businesses. Also this week, Nessel joined a group of attorneys general from 38 statesin bipartisan support of a proposed federal law — the Secure And Fair Enforcement (SAFE) Banking Act (H.R. 1595). The measure would allow legitimate marijuana businesses to use the federal banking system. “All legal and legitimate businesses should have a safe place to put their revenue and not have to rely on under-the-floorboard safes to store their legally earned money,” Nessel said in a statement. “Michigan expanding its market to include legal recreational sales of marijuana this year compels us to join this effort to ensure we protect Michigan businesses from becoming unnecessary targets of bad actors, keeping everyone safe in the process.” The bill received the approval of the federal House Financial Services Committee in March, and now awaits the vote of the full House. Nessel has brought a new approach to marijuana to the attorney general’s office since starting her tenure in January. By February she announced she had dismissed charges against four people in two pending marijuana cases. Read More Here at MLive The post MICHIGAN ATTORNEY GENERAL PUSHES FOR MARIJUANA BANKING appeared first on Komorn Law. View the full article
  20. According to MLive the Appeals Court concluded that it is illegal for medical marijuana patients to smoke marijuana in their car when parked in public places. This ruling comes for a case in August of 2013. When a medical marijuana patient, Robert Michael Carlton smoked a joint in his car parked at the Soaring Eagle Casino. According to WZZM13, the police were notified that a man was smoking in his car while parked at the casino by the casino’s security workers. The medical marijuana patient was charged with possession of marijuana. The Isabella County Prosecutor’s Office charged him because he was smoking in a public place. The prosecution argued that the smoking in his car was irrelevant. Rather, he was smoking on public property, the casino’s parking lot, and the parking lot is open to the public. The defense believed that because the car is not a public place, but private, that the charges should be dismissed. Carlton is a registered medical marijuana patient. WZZM13 reported that the district court judge “sided with Carlton” and charges were dismissed and the ruling was upheld by the Isabella County Circuit Court. but the Court of Appeals decided to reverse the decision and sent the case back. “It (the Court of Appeals) found that Michigan’s Medical Marijuana Act does not permit card holders to smoke “in any public place.” COA Judge Douglas Shapiro disagreed with the majority ruling. He wrote that because Michigan medical marijuana law has specifically said that smoking on public transportation is prohibited that suggest that vehicles are seen as private in some circumstances. He said, “The majority looks only at whether the vehicle itself is in a place defined as public. But the statutory language leaves open the possibility that in some circumstances a private vehicle can constitute a ‘private place’ even though it is located in an area to which the public has access.” The post MICHIGAN COURT RULES-NO MARIJUANA SMOKING IN PARKED CARS appeared first on Komorn Law. View the full article
  21. CBD has swiftly made its way into every aspect of daily life including air travel. Rules and regulations concerning traveling with CBD onto planes and into airports are unclear. CBD is legal in some states and the TSA is a federally ran agency with airports subject to federal laws and marijuana is still considered federally illegal. The TSA has the authority to ban or stop a traveler with edibles, dried flower or any forms of “marijuana” that contain a certain amount of THC. According to the DEA and FDA, The CBD made from hemp is not considered to be the same as psychoactive marijuana. The agency suggests that if the THC content in the CBD oil is below 0.3 percent, no legal action will be taken place. Some CBD oil is sold in medical dispensaries and is often THC concentrations can be detected easier and test at a higher level making the source of the CBD illegal under federal law. It is said that according to the Drug Enforcement Agency (DEA), along with the Food and Drug Administration (FDA) when it comes to traveling with CBD oil, it must contain THC content below 0.3% to be cleared. Even though the 2018 Farm Bill made Hemp legal on the Federal level, individual states can still elect to make the sale and possession of CBD illegal. The Transport Security Administration (TSA) regulations are required to report any speculated violations of law if they encounter one. Read the TSA What can I Bring. “Meaning an extract containing one or more cannabinoids that have been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plants(58) Marihuana Extract–7350”-DEA. Bottom Line – You can but you can’t…You are on your own and at the mercy of the location, the agency and the agents you encounter along your travels. Recent Posts Traveling by Air With CBD-Can You? Federal Marijuana Revenue and Regulation Act – The 420 Bill Marijuana Regulatory Agency Addresses Recent Court Decisions Bubba Watson partners with CBD company amid PGA Tour warning Michigan officials end caregiver marijuana supply to medical pot shops The post Traveling by Air With CBD-Can You? appeared first on Komorn Law. View the full article
  22. Marijuana could become legal federally thanks to a bill that would make it legal and regulate it like alcohol. The bill was introduced by Democratic Sen. Ron Wyden of Oregon. According to the new bill, the Marijuana Revenue and Regulation Act has been given the surname of S. 420 by Wyden and is a companion measure to H.R. 420, which was initially introduced in the House of Representatives by fellow Oregon Democrat Rep. Earl Blumenauer back in March. A spokesperson for the Senate Finance Committee announced that the new bill aims to “responsibly legalize, tax, and regulate marijuana at the federal level,” according to multiple reports. During a press conference on Friday Wyden explained that ” the time is now for marijuana reform at the national level.” “The federal prohibition of marijuana is wrong, plain and simple. Too many lives have been wasted, and too many economic opportunities have been missed,” Wyden declared. “It’s time Congress makes the changes Oregonians and Americans across the country are demanding.” “Oregon has been and continues to be a leader in commonsense marijuana policies, and the federal government must catch up,” Blumenauer explained. “The American people have elected the most pro-cannabis Congress in American history, and significant pieces of legislation are being introduced. The House is doing its work, and with the help of Senator Wyden’s leadership in the Senate, we will break through.” The new bill is part of a package of laws that are aimed to reform federal cannabis policy, put in place by Wyden and Blumenauer as the Path to Marijuana Reform. These include the Small Business Tax Equity Act to repeal provisions of the tax code that deny cannabis business the right to take the fair tax deductions as would any company in other industries. The Responsibly Addressing the Marijuana Policy Gap Act would diminish any federal criminal penalties and civil assets forfeiture for individuals and business complying with the states law. Under the new bill, it would allow marijuana businesses the legal right to access banking, bankruptcy protection, marijuana research, and advertising. The bill also includes an expungement process for some marijuana convictions, the approval for some financial aid and even placement within federal housing. The bill would also give all veterans legal access to medical marijuana programs in any state and would protect Native Americans from prosecution under federal marijuana laws. State and Local Regulatory Licensing and Compliance Our business law and regulatory attorneys have assisted to facilitate businesses and individuals navigate the complex and ever changing commercial cannabis licensing and regulation landscape. To schedule your consultation with Komorn Law regarding licensing Call our Office at 800-656-3557 Recent Posts Federal Marijuana Revenue and Regulation Act – The 420 Bill by admin | May 8, 2019 | News | 0 Comments According to the new bill, the Marijuana Revenue and Regulation Act has been given the surname of S. 420 Read More Marijuana Regulatory Agency Addresses Recent Court Decisions by admin | May 2, 2019 | Michigan Medical Marhuana Regulation, News | 0 Comments May 2, 2019 – As of April 30, 2019, the... Read More Bubba Watson partners with CBD company amid PGA Tour warning by admin | May 2, 2019 | News | 0 Comments Bubba Watson announced a partnership with cbdMD on Wednesday, which comes less than two months after the PGA Tour reportedly issued a warning to its golfers about the use of CBD. Read More Michigan officials end caregiver marijuana supply to medical pot shops by admin | May 2, 2019 | News | 0 Comments Effective immediately, licensed medical marijuana provisioning centers can no longer stock their shelves with products grown by caregivers, the Marijuana Regulatory Agency announced Thursday in a press release. Read More Michigan judge slams state for ‘freakish’ regulation of medical marijuana businesses by admin | May 2, 2019 | News | 0 Comments “At the outset, the Court notes that LARA’s entire method of handling license applications has been ‘apt to sudden change, freakish, or whimsical,’” Read More Mich. police can’t search passengers in stops without consent, ruling finds by admin | April 28, 2019 | News | 0 Comments A recent Michigan Supreme Court ruling on police searches of passengers during traffic stops can give people more power to challenge such probes and is expected to affect police training in Metro Detroit and across the state, officials and legal experts say. Read More Want Grow Hemp In Michigan This Year? Here’s What You Need To Do. by admin | April 22, 2019 | Hemp, News | 0 Comments On April 18, 2019 – Governor Whitmer launched an Ag pilot program for farmers interested in farming hemp this year. Under the 2014 Farm Bill, this program is meant for research purposes. Read More Lawsuit served to remove marijuana from controlled substances list in Michigan by admin | April 4, 2019 | Medical Marijuana, Medical Marijuana Attorney Michael Komorn, News | 0 Comments John Sinclair, The Michigan Medical Marijuana Association, Komorn Law and others filed a lawsuit to remove marijuana from the Michigan controlled substance list. Read More CBD declared marijuana by the pharmacy board by admin | April 3, 2019 | News | 0 Comments Stores throughout Ohio continue to sell... Read More FDA Chief Clarifies Enforcement Priorities For CBD Products by admin | April 3, 2019 | News | 0 Comments At his final hearing before a Senate... Read More There’s a new report out on marijuana and impaired driving by admin | April 2, 2019 | News | 0 Comments A new report suggests that there should be no... Read More ISRAEL TO PARTIALLY DECRIMINALIZE MARIJUANA POSSESSION by admin | April 2, 2019 | News | 0 Comments The plan which went into effect at midnight on... Read More 400 plus Michigan communities opt out of recreational cannabis businesses. by admin | April 2, 2019 | Hemp, LARA-MMFLA Info, News | 0 Comments After Proposal 1 passed in Michigan which legalized adult-use marijuana and industrial hemp as well as the 2018 U.S. Farm Bill which legalized hemp nationwide there has been a rise of products made with CBD. Read More Michigan Officials-Adding CBD oil to food and drinks is illegal. by admin | March 31, 2019 | Hemp, LARA-MMFLA Info, News | 0 Comments After Proposal 1 passed in Michigan which legalized adult-use marijuana and industrial hemp as well as the 2018 U.S. Farm Bill which legalized hemp nationwide there has been a rise of products made with CBD. Read More LARA-Board Meeting Resolution 3-21-19 – Product Access For Patients by admin | March 21, 2019 | LARA-MMFLA Info, News | 0 Comments The resolution of Marijuana product access to... Read More New Michigan marijuana proposal: What would change if it passes by admin | March 15, 2019 | Blog, News | 0 Comments Amid concerns about minority businesses being... Read More Cerebral Palsy approved as Condition for Medical Marijuana Patients by admin | March 12, 2019 | Medical Marijuana, News | 0 Comments March 11, 2019 – The Department of Licensing and... Read More MI Attorney General Drops Marijuana Charges Against Four Defendants by admin | March 1, 2019 | Blog, News | 0 Comments FOR IMMEDIATE RELEASE Monday, Feb. 25, 2019... Read More Case Dismissed Against Man Charged With Growing Pot by admin | February 28, 2019 | Blog, News, Recent Victories | 0 Comments Charges have been dropped against a local man accused of illegally growing large quantities of marijuana. Read More Michigan State Police to expand roadside drug testing pilot by admin | February 21, 2019 | Blog, News | 0 Comments Last November the Michigan State Police wrapped... Read More Supreme Court Puts Limits on Police Power to Seize Private Property by admin | February 20, 2019 | Blog, News | 0 Comments WASHINGTON — Siding with a small-time drug... Read More Marijuana and the workplace questions by admin | February 14, 2019 | Blog, News | 0 Comments A Connecticut man whose bid to become a firefighter in the state’s largest city was rejected because he uses medical marijuana has sued. Read More Sued over job rejection due to medical marijuana by admin | February 14, 2019 | Blog, News | 0 Comments A Connecticut man whose bid to become a firefighter in the state’s largest city was rejected because he uses medical marijuana has sued. Read More Do pot and heroin have anything in common? by admin | February 7, 2019 | Blog, News | 0 Comments February 4th, 2019 What do pot and heroin have... Read More Opioid Alternative Pilot Program in Illinois by admin | February 7, 2019 | Blog, News | 0 Comments The Opioid Alternative Pilot Program launched... Read More The post Federal Marijuana Revenue and Regulation Act – The 420 Bill appeared first on Komorn Law. View the full article
  23. Michigan officials end caregiver marijuana supply to medical pot shops The stock of medical marijuana products at licensed Michigan businesses will soon change, as a result of new guidance from state officials. Effective immediately, licensed medical marijuana provisioning centers can no longer stock their shelves with products grown by caregivers, the Marijuana Regulatory Agency announced Thursday in a press release. Licensed shops can only buy from state-licensed growers and processors. Caregivers, however, will be allowed to sell to state-licensed growers and processors — who will be required to test the product and enter it into the state’s tracking system. The switch away from the illegal supply of caregiver weed to the regulated market was supposed to occur April 1, but was delayed for a month due to a barrage of lawsuits filed against the state in a separate but entangled issue over the ability of unlicensed pot shops to operate. Court of Claims Judge Stephen Borrello issued his orders two days ago — which allow unlicensed pot shops to stay open until 60 days after officials decide on their license applications. Borrello left the issue of caregiver product up to the Marijuana Regulatory Agency to decide. Now the embattled medical marijuana market will switch over to regulated product as its main source. Corporate mega-growers have criticized the use of caregiver marijuana for the past five months, as it has tested positive for E. coli, Salmonella, mold, lead and other heavy metals. No illnesses have been reported to the state from its use. Read More From MLive By Amy Biolchini | abiolch1@mlive.com The post Michigan officials end caregiver marijuana supply to medical pot shops appeared first on Komorn Law. View the full article
  24. Michigan judge slams state for ‘freakish’ regulation of medical marijuana businesses A year-long saga of changing compliance deadlines for 50 medical marijuana shops allowed to operate unlicensed is over. Court of Claims Judge Stephen Borrello ordered Tuesday that Michigan regulators cannot set any new compliance deadline for unlicensed pot shops. In his 12-page opinion, Borrello chastised officials in the Department of Licensing and Regulatory Affairs for being “ill-equipped” to handle the licensing process in a timely manner — which has led to the current market of unlicensed businesses. “At the outset, the Court notes that LARA’s entire method of handling license applications has been ‘apt to sudden change, freakish, or whimsical,’” Borrello wrote. Temporarily operating provisioning centers will be allowed to operate until their license applications are considered by the state — and officials can only ask them to shut down 60 days after their license application has been denied, Borrello ordered in a ruling that affects eight consolidated cases. Borrello has left the issue of whether caregiver marijuana can be used to supply the licensed market up to the state to decide. The state’s new Marijuana Regulatory Agency is reviewing the court orders before issuing a statement, said David Harns, spokesman for the agency. The state has been trying to hold unlicensed businesses to a licensing deadline since June 2018 but have been thwarted by court orders. Borrello has previously extended the deadline. The most recent attempt to enforce a deadline was brought forward by Governor Gretchen Whitmer, who had proposed March 31 — but another barrage of last-minute legal filings from medical marijuana businesses stopped that under a ruling from Borrello. Read the rest of the story here at MLive By Amy Biolchini | abiolch1@mlive.com The post Michigan judge slams state for ‘freakish’ regulation of medical marijuana businesses appeared first on Komorn Law. View the full article
  25. Medical Marijuana Now Available to Patients Immediately After Receiving Online Approval May 1, 2019 – Effective today, medical marijuana patients in Michigan who apply for their marijuana registry card online may now use their approval email as a temporary substitute for a valid registry card in order to obtain their medication the same day they are approved. The Marijuana Regulatory Agency (MRA) has implemented a change to the Michigan Medical Marijuana Program (MMMP) to ensure that patients with debilitating medical conditions are able to obtain marijuana for medical use as quickly as possible. “A process that used to take several weeks now can be done in a single day,” said MRA Executive Director Andrew Brisbo. “We are excited to offer this new online approval option for the state’s medical marijuana patients.” The email that patients receive after an online application has been approved may serve as a temporary substitute for a valid registry card. This approval email is valid until patients receive their card in the mail or for up to 10 days from the date of the approval email. As a result, patients will not have to wait to receive their registry cards in the mail and will be able to purchase or obtain medication the same day they are approved. A valid driver’s license or government-issued identification card with a photographic image is also required to purchase marijuana. To utilize this online service please visit www.michigan.gov/mmp and note the following: A patient’s certifying physician must have an online account with the MMMP. A patient must register for an online account. The patient must submit an online application. In the past, registry cards could only be obtained through the traditional mail-in process, which took up to five weeks for patients to receive their card. The process was recently updated to allow for online processing – but a patient still had to wait for 7-10 business days to receive their registry card. This new process allows for medical marijuana patients to gain access to their medicine immediately after receiving approval. The post Medical Marijuana Now Available to Patients Immediately After Receiving Online Approval appeared first on Komorn Law. View the full article
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