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  1. LARA-BMMR – Advisory Bulletin Releases – Current to 12-3-2018 Starting up a Cannabis Based Business? Start it the Right Way! Contact Komorn Law 800-656-3557 for Business Consultations and Solutions New Maximum THC Concentrations For Marihuana-Infused Products Updated Consent Form for the Sale or Transfer of Untested Marihuana Product Protecting Water Resources When Growing and Processing Marihuana Daily Purchasing Limits & Item Categories in METRC – Advisory Bulletin Clarification Regarding Chairman Johnson’s Statement at Today’s Medical Marihuana Licensing Board Meeting – Advisory Bulletin 30-Day Transition Period – Advisory Bulletin Regulatory Assessment FY 2019 – Advisory Bulletin Consent Form for the Sale or Transfer of Untested Marihuana Product – Advisory Bulletin September Emergency Rules Transition – Advisory Bulletin Caregiver and Patient Status Requirements for Certain Licensed Facilities – Advisory Bulletin Edible Marihuana Products Bulletin – Advisory Bulletin THCA Crystals/Diamonds – Advisory Bulletin Health and Safety Guidance for Medical Marihuana Facilities – Advisory Bulletin Processor Reminders Bulletin – Advisory Bulletin Facility Reporting Requirements Regarding Hazardous Materials – Advisory Bulletin Ohio Patient ID Cards and Out of State Registration – Advisory Bulletin – UPDATE Cannibidiol and Industrial Hemp Products – Advisory Bulletin – UPDATED Application Process – Advisory Bulletin Grower Gas Detection System and Fumigation – Advisory Bulletin Processor Gas Detection System – Advisory Bulletin Criminal History Disclosure – Advisory Bulletin Safety Compliance Pre-Licensure – Advisory Bulletin Processor Pre-Licensure – Advisory Bulletin Grower Pre-Licensure – Advisory Bulletin Provisioning Center Pre-Licensure – Advisory Bulletin General Pre-Licensure – Advisory Bulletin Transporter Pre-Licensure – Advisory Bulletin Universal THC Symbol Advisory – Advisory Bulletin Statement of Money Lender Form – Advisory Bulletin CPA Attestation – Advisory Bulletin License Stacking for Class C Growers – Advisory Bulletin Co-Location of Medical Marihuana Facilities – Advisory Bulletin Registered Caregivers/Patients Transition to Facility Licensee/Employee – Advisory Bulletin Local and State Fees – Advisory Bulletin Licensee Capitalization Requirements and Proof of Financial Responsibility – Advisory Bulletin Public Act update and Sample Collection – Advisory Bulletin Required Marihuana Product Testing Points – Advisory Bulletin License Application Process – Advisory Bulletin Municipal Authorization of Marihuana Facilities – Advisory Bulletin Continued Operation with Local Authorization – Advisory Bulletin Application Document Checklist – Advisory Bulletin Visit the MMMA Forum to learn more and open discussions about medical and adult use recreational cannabis About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post LARA-BMMR – Advisory Bulletin Releases – Current to 12-3-2018 appeared first on Komorn Law. View the full article
  2. NEW MAXIMUM THC CONCENTRATIONS FOR MARIHUANA-INFUSED PRODUCTS The Bureau of Medical Marihuana Regulation (BMMR) enforce the Administrative Rules under the authority of the Medical Marihuana Facilities Licensing Act (MMFLA). Administrative Rule 62 (R 333.262) states that marihuana-infused products processed, sold, or transferred through provisioning centers must not exceed the maximum THC levels as established by the department. For the purposes of maximum THC levels for marihuana-infused products, the department shall publish a list of maximum THC concentration and allowable dose limits. Arrested for or Charged with DUI or driving under the influence of “drugs”?… Contact Komorn Law 800-656-3557. ADVISORY BULLETIN December 3, 2018 This technical bulletin does not constitute legal advice and is subject to change. Licensees are encouraged to seek legal counsel to ensure their operations comply with the Medical Marihuana Facilities Licensing Act and associated Administrative Rules. Changes from the previous Emergency Rules include: • The limits were removed for topicals as they are not designed to be transdermal. • The limits were lowered for edible maximum per container to be more in line with other states (Oregon, Washington). • THC limits were increased for capsules to allow for more in the container. • Dosages were added for products that did not have them; containers will now have clear directions and dosages to ensure patients do not over medicate. • Patients typically start with 10mg servings; an allowance between 50mg -100mg allows a patient/caregiver to purchase higher strength medicine if needed. See the Official Release Here 181203 Updated_THC_Limits_Bulletin_639605_7 Visit the MMMA Forum to learn more and open discussions about medical and adult use recreational cannabis About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post NEW MAXIMUM THC CONCENTRATIONS FOR INFUSED PRODUCTS appeared first on Komorn Law. View the full article
  3. WXYZ – Former Monroe County judge sentenced to up to five years in prison for prostitution case According to a Michigan State Police investigation, former Monroe County 1st District Judge Jarod Calkins hired women for sex and transported them for that purpose. During the sentencing, the women released victim impact statements saying they were tortured sexually. According to the warrant, Calkins allegedly found his victims online; he used the name Michael Collins in accounts on Facebook, Tinder and OKCupid. He was sentenced to one to five years for four charges that will run concurrently, meaning at the same time. Arrested for or Charged with DUI or driving under the influence of “drugs”?… Contact Komorn Law 800-656-3557. WXYZ News Report http://komornlaw.com/wp-content/uploads/2018/12/wxyz-badjudges-monroe.mp4 Visit the MMMA Forum to learn more and open discussions about medical and adult use recereational cannabis About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Former Monroe County judge sentenced to up to five years in prison for prostitution case appeared first on Komorn Law. View the full article
  4. A Macomb County 39th District Court in Roseville judge was sentenced Friday to a year of probation and a 90-day suspended sentence on charges over a 2017 hit-and-run crash in Roseville. Steenland also was ordered to attend substance abuse counseling, pay a $1,000 fine, serve 100 hours of community service and refrain from using alcohol and drugs while on probation. Arrested for or Charged with DUI or driving under the influence of “drugs”?… Contact Komorn Law 800-656-3557. A 31-year-old Roseville man told police his car was struck by a red sedan driven by a woman who drove away. The man provided officers with the car’s license plate number and a description of the incident. Michigan State Police identified Steenland as the suspected driver. Authorities said the incident occurred at 8:30 p.m. Sept. 25, 2017, near McKinnon Street in Roseville. A court sentenced Steenland to six months probation after she pleaded guilty to the charge. The Michigan Supreme Court suspended her for 90 days without pay. Steenland was elected to the 39th District Court in Roseville in 2002. Visit the MMMA Forum to learn more and open discussions About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Roseville judge was sentenced Friday to a year of probation and a 90-day suspended sentence appeared first on Komorn Law. View the full article
  5. Article from MLive – Michigan officials are proposing a solution to a shortage of medical marijuana in the newly licensed industry – but some lawyers say it’s an ironic suggestion that could land caregivers in jail. To keep shelves stocked at licensed medical marijuana shops, state regulators are asking the Medical Marihuana Licensing Board to look the other way if the shop is buying marijuana from caregivers. Right now, licensed retail stores could be fined or lose their license for such activities. “It’s an agreement to not take licensing action for certain activities,” said Andrew Brisbo, director of the Bureau of Medical Marihuana Regulation. “It’s not an authorization for anything outside of that.” Arrested for or Charged with DUI or driving under the influence of “drugs”?… Contact Komorn Law 800-656-3557. The board will consider the resolution at its next meeting Dec. 7. But lawyers representing provisioning centers find hypocrisy in the request. “It’s ironic that so many of these caregivers have been punished or felonized for this activity,” said Josh Colton, a lawyer with Komorn Law. “Now the government is turning around and telling caregivers that they are needed.” During the past year, state regulators have agreed to not go after dispensaries who sell marijuana grown by caregivers. It’s the reason nearly 100 dispensaries have been allowed to operate in Michigan unlicensed, and the source of a constantly changing deadline for compliance. There currently is no deadline. Unlicensed pot shops won’t be shut down this year State regulators agreed to not take enforcement action before Dec. 31. The stance by the Department of Licensing and Regulatory Affairs has allowed caregivers to continue to sell to dispensaries — at their own risk. “That’s the irony: the state didn’t acknowledge where the product was coming from,” said Thomas Nafso, an attorney who represents three Detroit provisioning centers owned by Green Skies. “There is nothing in the law that permits the caregivers to deliver to the dispensaries.” A court case established that caregivers in Michigan could only sell marijuana to five registered patients with whom they have a relationship. There is no provision in state law that allows caregivers to sell to businesses. Michael Komorn, a criminal defense attorney and president of the Michigan Medical Marijuana Association, said he has caregivers as clients who have felony criminal cases pending for possession with intent to deliver. “I have had many cases over the last eight years that alleged felony marijuana crimes for behavior that LARA just codified as a part of their system,” Komorn said. “The takeaway it would suggest is that it has been realized now by the state that they need caregivers for the state’s medical marijuana program to work. They may not want to admit it, but this last play by LARA seals it.” That practice was supposed to end once a provisioning center gained a state license and switched over to sourcing its medical marijuana from a licensed grower. The state has been issuing licenses since July; so far 40 provisioning centers and 12 growers are among the 67 licenses issued. There still is not enough medical marijuana from licensed growers to go around. The Bureau of Medical Marihuana Regulation is now proposing that caregivers could continue to provide medical marijuana to licensed provisioning centers without fear of retribution from the licensing board. “As we move forward with the transition to the regulated market there were certainly concerns that arose with continued access of product,” Brisbo said. There are 43,056 caregivers in Michigan, and 297,515 patients. Brisbo said the intent of the resolution has been communicated with law enforcement partners. Specifically, the proposed resolution would allow a licensed provisioning center to stock up on marijuana and marijuana products from caregivers until Dec. 31 — and could continue to sell it after Jan. 1, 2019, as long as it has been tested and entered into the state’s tracking system. Colton said he’s skeptical as to whether the proposed resolution from LARA would be effective in the long term. “It’s still, in my opinion, a short-term solution to a much longer-term problem,” Colton said. “This is certainly much-needed relief and would certainly allow patients to get the same medicine that they have had under the past 10 years through Dec. 31.” Colton added: “I would be remiss to think this is the last extension.” MLive Report – By Amy Biolchini – abiolch1@mlive.com Attack on Prop 1 – Read more of what’s crossed out here 2018-SIB-1243 to ban home growing and the tax purposes to support schools and fix roads. Visit the MMMA Forum to learn more and open discussions About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Medical marijuana shortage pushes officials to consider breaking their own rules appeared first on Komorn Law. View the full article
  6. Michigan Senator Arlan Meekoff – Repeal Prop 1 Sections and Ban Home Grow A bill to amend 2018 IL 1, entitled “Michigan Regulation and Taxation of Marihuana Act,” by amending the title and sections 1, 2, 3, 4, 5, and 15 (MCL 333.28101, 333.28102, 333.28103, 333.28104, 333.28105, and 333.28115), and by adding sections 201, 205, 206, 207, 208, 301, 302, 303, 305, 401, 402, 403, 404, 405, 406, 407, 408, 409, 501, 502, 503, 504, 505, 601, 602, 603, 604, 701, 702, and 801; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: An initiation of legislation to allow under state law the personal possession and use of marihuana by persons 21 years of age or older; to provide for the lawful cultivation and sale of marihuana and industrial hemp by persons 21 years of age or older; Read more of what’s crossed out here 2018-SIB-1243 after you finish reading below. Arrested for or Charged with DUI or driving under the influence of “drugs”?… Contact Komorn Law 800-656-3557. Note: Most likely this will not happen (now) because it would need a large percentage of the vote and I would assume that many of our still being paid politicians are too busy looking for a new job during the lame duck layover to really care. One would think Arlan Meekhof had this ready to throw into the arena some time before the election. Contact his office FYI His voicemail is already full. Try another way. Request a congratulatory certificate for someone who deserves one. Read more bills that will save the earth sponsored by Meekhof Document Type Description SB 0001 of 2017 Senate Bill Labor; hours and wages; reference to repealed law; eliminate in school code. Amends secs. 503, 523, 553 & 1311e of 1976 PA 451 (MCL 380.503 et seq.). TIE BAR WITH: SB 0003’17 Last Action: 01/18/2017 – REFERRED TO COMMITTEE ON MICHIGAN COMPETITIVENESS SR 0003 of 2017 Senate Resolution A resolution to amend the Standing Rules of the Senate. Last Action: 01/18/2017 – ADOPTED SCR 0011 of 2017 Senate Concurrent Resolution A concurrent resolution of tribute offered as a memorial for Stephen V. Monsma, former member of the Michigan House of Representatives and the Michigan Senate. Last Action: 03/22/2017 – REFERRED TO SECRETARY FOR RECORD SCR 0016 of 2017 Senate Concurrent Resolution A concurrent resolution of tribute offered as a memorial for John D. Pridnia, former member of the House of Representatives and Senate. Last Action: 04/20/2017 – REFERRED TO SECRETARY FOR RECORD SCR 0023 of 2017 Senate Concurrent Resolution A concurrent resolution of tribute offered as a memorial for Vernon J. Ehlers, former member of the Michigan House of Representatives and Senate and the United States House of Representatives. Last Action: 09/26/2017 – REFERRED TO SECRETARY FOR RECORD SR 0055 of 2017 Senate Resolution A resolution recognizing the ongoing contributions of the Arab American, Chaldean and Jewish communities to the state of Michigan. Last Action: 05/03/2017 – ADOPTED SR 0061 of 2017 Senate Resolution A resolution to commemorate May 16, 2017, as Chaldean American Day. Last Action: 05/16/2017 – ADOPTED SR 0070 of 2017 Senate Resolution A resolution to urge and request the Congress of the United States to develop and improve trade relations with Cuba. Last Action: 06/06/2017 – ADOPTED SR 0091 of 2017 Senate Resolution A resolution to declare September 2017, as Suicide Awareness and Prevention Month. Last Action: 09/19/2017 – ADOPTED SR 0095 of 2017 Senate Resolution A resolution to commemorate September 24-30, 2017, as Arteriovenous Malformation Awareness Week. Last Action: 09/26/2017 – ADOPTED SR 0103 of 2017 Senate Resolution A resolution to congratulate the government and people of the Republic of China (Taiwan) on the celebration of their 106th National Day on October 10, 2017. Last Action: 10/10/2017 – ADOPTED SR 0106 of 2017 Senate Resolution A resolution recognizing October 15, 2017, as the Ronald McDonald House Charities Global Day of Change. Last Action: 10/12/2017 – ADOPTED SB 0490 of 2017 Senate Bill Children; other; delegation of parent’s or guardian’s powers separate from foster care; clarify. Amends sec. 2 of 1994 PA 203 (MCL 722.952) TIE BAR WITH: SB 0488’17, SB 0489’17, SB 0491’17 Last Action: 11/29/2018 – referred to second reading SB 0584 of 2017 Senate Bill Weapons; concealed; carrying a pistol concealed in pistol-free zones by certain individuals; allow. Amends secs. 5a, 5b, 5d & 5o of 1927 PA 372 (MCL 28.425a et seq.). Last Action: 11/09/2017 – referred to Committee on Judiciary SB 0594 of 2017 Senate Bill Law enforcement; other; special police agency act; create. Creates new act. Last Action: 09/27/2017 – REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS SB 0595 of 2017 Senate Bill Criminal procedure; sentencing guidelines; penalty for violation of special police agency act; create. Amends sec. 11b, ch. XVII of 1927 PA 175 (MCL 777.11b). TIE BAR WITH: SB 0594’17 Last Action: 09/27/2017 – REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS SB 0660 of 2017 Senate Bill Agriculture; other; animal care standards for egg-laying hens; delay effective date and provide for enforcement. Amends sec. 46 of 1988 PA 466 (MCL 287.746) & adds sec. 47. Last Action: 01/31/2018 – referred to Committee on Government Operations SB 0700 of 2017 Senate Bill State financing and management; bonds; issuance of certain bonds after a certain date; prohibit. Amends sec. 518 of 2001 PA 34 (MCL 141.2518). Last Action: 06/12/2018 – REASSIGNED TO COMMITTEE ON GOVERNMENT OPERATIONS SB 0701 of 2017 Senate Bill Civil rights; open meetings; financial management teams and the local government retirement stability board; exempt from the open meetings act. Amends sec. 3 of 1976 PA 267 (MCL 15.263). Last Action: 06/12/2018 – REASSIGNED TO COMMITTEE ON GOVERNMENT OPERATIONS SCR 0032 of 2018 Senate Concurrent Resolution A concurrent resolution of tribute offered as a memorial for Burton Leland, former member of the House of Representatives and the Senate. Last Action: 04/12/2018 – REFERRED TO SECRETARY FOR RECORD SCR 0034 of 2018 Senate Concurrent Resolution A concurrent resolution of tribute offered as a memorial for Raymond D. Dzendzel, former member of the House of Representatives and the Senate. Last Action: 06/12/2018 – REFERRED TO SECRETARY FOR RECORD SCR 0036 of 2018 Senate Concurrent Resolution A concurrent resolution of tribute offered as a memorial for Patricia L. Birkholz, former member of the House of Representatives and the Senate. Last Action: 09/25/2018 – REFERRED TO SECRETARY FOR RECORD SR 0154 of 2018 Senate Resolution A resolution to recognize the 70th anniversary of Israel’s establishment and reaffirm the bonds of friendship and cooperation between the United States, Michigan, and Israel. Last Action: 04/19/2018 – ADOPTED SR 0169 of 2018 Senate Resolution A resolution to declare May 15, 2018, as Chaldean American Day. Last Action: 05/15/2018 – ADOPTED SR 0191 of 2018 Senate Resolution A resolution of tribute for the Honorable Tory Rocca. Last Action: 11/27/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS SR 0192 of 2018 Senate Resolution A resolution of tribute for the Honorable Patrick Colbeck. Last Action: 11/27/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS SR 0193 of 2018 Senate Resolution A resolution of tribute offered as a memorial for John F. Kelly, former member of the Senate. Last Action: 11/28/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS SR 0194 of 2018 Senate Resolution A resolution of tribute for the Honorable Coleman Young II. Last Action: 11/28/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS SR 0195 of 2018 Senate Resolution A resolution of tribute for the Honorable Jim Marleau. Last Action: 11/28/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS SR 0196 of 2018 Senate Resolution A resolution of tribute for the Honorable Mike Green. Last Action: 11/29/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS SR 0197 of 2018 Senate Resolution A resolution of tribute for the Honorable Judy K. Emmons. Last Action: 11/29/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS SR 0198 of 2018 Senate Resolution A resolution of tribute for the Honorable Rebekah Warren. Last Action: 11/29/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS SR 0199 of 2018 Senate Resolution A resolution of tribute for the Honorable Hoon-Yung Hopgood. Last Action: 11/29/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS SB 1132 of 2018 Senate Bill Highways; name; portion of I-196 in Holland; designate as the “Marine Daniel Price Memorial Highway”. Amends 2001 PA 142 (MCL 250.1001 – 250.2080) by adding sec. 29a. Last Action: 09/26/2018 – REFERRED TO COMMITTEE ON TRANSPORTATION SB 1243 of 2018 Senate Bill Marihuana; other; regulation of recreational marihuana; provide for, and prohibit home-grow. Amends secs. 1, 2, 3, 4, 5 & 15 of 2018 IL 1 (MCL 333.28101 et seq.) & repeals secs. 6, 7, 8, 9, 10, 11, 12, 13, 14 & 16 of 2018 IL 1 (MCL 333.28106 et seq.). Last Action: 11/29/2018 – REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS Meekhof comments on failure to adopt marijuana Posted on June 5, 2018 Senate Majority Leader Arlan Meekhof LANSING— Senate Majority Leader Arlan B. Meekhof, R-West Olive, issued the following statement regarding lack of legislative action on Initiative Petition #1: “I have been a vocal advocate for adopting and amending the petition to legalize recreational marijuana in Michigan. The petition was orchestrated by a well-funded group that chose to bring the question of legalized marijuana before the legislature via the citizens’ initiative process. This was not a question of whether or not to support legalized marijuana. Adoption of this petition was a choice to fulfill our obligations as leaders in our communities and control the impact of recreational marijuana on our state. The choice to adopt and amend was the most responsible way to ensure local control for our communities and safety for our citizens and the Senate Republican Majority was prepared to act. Despite significant efforts to communicate the benefits of ‘adopt and amend’ to our counterparts, support did not materialize in the House. I am disappointed by this missed opportunity.” Read more of what’s crossed out here 2018-SIB-1243 to ban home growing and screw up the tax purposes Visit the MMMA Forum to learn more and open discussions About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Michigan Senator Arlan Meekoff – Attempt to Repeal Prop 1 Sections and Ban Home Grow appeared first on Komorn Law. View the full article
  7. Just saw a great article on a great website Marijuana Moment that talks about Whole Foods saying that Hemp is going to be one of the to 10 food trends in 2019 In a press release, the company said it relied on “seasoned trend-spotters” who have “more than 100 years of combined experience in product sourcing, studying consumer preferences and participating in food and wellness industry exhibitions worldwide,” to compile its new report on what to expect next year. So what will be flying off the shelves in 2019? According to the experts, lots and lots of hemp. Arrested for or Charged with DUI or driving under the influence of “drugs”?… Contact Komorn Law 800-656-3557. “Hemp hearts, seeds and oils are nothing new to food and body care lovers—they’re in everything from waffle mix to dried pastas,” the company wrote. “But a new interest in the potential benefits stemming from other parts of hemp plants has many brands looking to explore the booming cannabis biz.” “While CBD oil is still technically taboo (prohibited in food, body care and dietary supplements under federal law), retailers, culinary experts and consumers can’t miss the cannabis craze when visiting food industry trade shows, food innovators conferences or even local farmers markets.” (For the record, there’s a lot of confusion and disagreement about the federal legality of hemp-derived CBD oil, which you can read more about here.) The trend won’t stop at CBD, either. Apparently phytocannabinoids, those compounds that are present in cannabis but also in other plants, are “becoming more visible and prevalent.” “It’s clear that hemp-derived products are going mainstream, if not by wide distribution, then by word of mouth!” Hemp products that the trend-spotters recommended include a line of health supplements containing phytocannabinoids, a face cream comprised of hemp stem cells and organic shelled hemp seeds. While cultivating marijuana’s non-intoxicating cousin is currently illegal in the U.S. outside of exceptions for state-approved hemp research programs authorized under the 2014 Farm Bill, there’s a strong possibility that industrial hemp will be broadly legalized—possibly by the end of the year—once the House and Senate reconcile their versions of a new Farm Bill and put it on the president’s desk. Senate Majority Leader Mitch McConnell (R-KY), who introduced the provision, issued a “guarantee” last week that hemp legalization will be included in the final legislation. That would give the hemp business an even greater boost going into the new year. Visit the MMMA Forum to learn more and open discussions About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Hemp Will Be A Top 10 Product In 2019-Says Whole Foods appeared first on Komorn Law. View the full article
  8. The 2018 Farm Bill will include a provision to legalize industrial hemp, Senate Majority Leader Mitch McConnell (R-KY) and the top Republican and Democrat on the House Agriculture Committee confirmed on Thursday. Thanks for your hard work, @SenPatRoberts, for our farmers, rural communities and all Americans. Pleased that my provision to legalize industrial hemp is included in the Farm Bill. https://t.co/FSLY3CugIN — Leader McConnell (@senatemajldr) November 29, 2018 Lawmakers in the Senate and House Agriculture Committees announced that they’d reached an agreement in principle on the large-scale food and agriculture policy legislation and were in the process of finalizing “legal and report language.” But while there’s still “more work to do,” it seems that hemp legalization made the cut. Arrested for or Charged with DUI or driving under the influence of “drugs”?… Contact Komorn Law 800-656-3557. The Congressional Budget Office is currently scoring the bill. Once that’s complete and language is officially filed, the Farm Bill will be teed up for up-or-down votes in both chambers of Congress and, pending approval, sent to the president’s desk. Lawmakers are hoping to pass the bill before the end of the year. Hemp would be defined as all parts of the plant—including seeds and extracts—as long as they contain less than 0.3 percent THC, according to VoteHemp.The crop would also be entirely removed from the Controlled Substances Act under the legislation. States that want to be primary regulators are required to submit applications outlining their regulatory plan to the USDA, which will have 60 days to make a decision. When Congress passed the Farm Bill of 2014, it included Sec. 7606 authorizing state regulated research pilot programs with hemp. That program has been a huge success growing to include over 3,500 licensed participants who planted more than 77,000 acres in 2018. At the same time, the U.S. market for hemp products has grown to more than $800 million as of 2017. However, hemp pilot program regulations are burdensome and are made even more challenging by heavy handed Drug Enforcement Administration oversight. Vote Hemp, along with thousands of businesses and advocates, have been pushing for commercial hemp farming legislation and removal of roadblocks to the growth of the U.S. hemp industry. Congress has been negotiating a new Farm Bill and is once again considering federal policy regarding hemp thanks to leadership from Senator McConnell (R-KY) and Senator Wyden (D-OR). The House and Senate each passed their versions of the bill and the Senate version included language from the Hemp Farming Act of 2018 that removes hemp from the Controlled Substances Act and allows farmers to grow hemp commercially under a state or federal license. What will the new Farm Bill hemp law do? Define industrial hemp broadly to cover all parts of the Cannabis plant including seeds, derivatives, extracts, cannabinoids etc as long as it has a THC level of 0.3% or less Remove hemp completely from the Controlled Substances Act (CSA) Make USDA the sole federal regulatory agency overseeing hemp cultivation Include native American tribes which were not explicitly included in Sec. 7606 of the 2014 Farm Bill Authorize and fund hemp research as part of the Supplemental and Alternative Crops program and the Critical Agricultural Materials Act Authorize federal crop insurance for hemp Require USDA to develop federal regulations for hemp farming that may be used in states that choose not to be the primary regulator Require states wishing to have primary regulatory authority to submit a plan for regulation to USDA that meets minimum requirements Repeals Sec. 7606 hemp research program 1 year after USDA establishes federal regulations for hemp farming Require USDA to conduct a study of state hemp agricultural pilot programs If the Farm Bill is signed into law before the end of 2018, it will go into effect beginning on January 1, 2019. However, it will take time for the new law to be implemented. In states where hemp is legal, state departments of agriculture will need to submit regulatory plans to USDA for approval. There are a few minimum requirements that a state plan must have: a practice to maintain relevant information regarding land on which hemp is produced, including a legal description of the land a procedure for testing the crop a procedure for conducting annual inspection (limited to one per year) a procedure for the effective disposal of products that are produced in violation a procedure to comply with the enforcement procedures a certification that the State or Indian tribe has the resources and personnel to carry out the requirements What about hemp extracts containing CBD? The Farm Bill removes hemp completely from the CSA. It makes is 100% clear that cannabinoids are included so hemp derived CBD will not be a controlled substance. The bill does not change requirements of the Federal Food, Drug, and Cosmetic Act so producers are still subject to FDA regulations. The FDA has stated in an FAQ that it is their current opinion that CBD may not be sold as a dietary supplement but they have not said that whole plant hemp extracts are covered. Their logic is that a previous application for the drug Epidiolex prohibits the sale of the same substance as a dietary supplement. But Epidiolex is pure CBD and is not the same as a whole plant hemp extract. The industry does not agree with FDAs stance on CBD and there will likely be further developments on this. Visit the MMMA Forum to learn more and open discussions About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Hemp Legalization Is In The Final Farm Bill appeared first on Komorn Law. View the full article
  9. The Bureau of Medical Marihuana Regulation (BMMR) enforces the Administrative Rules under the authority of the Medical Marihuana Facilities Licensing Act (MMFLA). Administrative Rule 62 (R 333.262) states that marihuana-infused products processed, sold, or transferred through provisioning centers must not exceed the maximum THC levels as established by the department. For the purposes of maximum THC levels for marihuana-infused products, the department published a list of maximum THC concentration and serving limits. The list is available here https://www.michigan.gov/documents/lara/THC_Limits_Bulletin_639431_7.pdf. Arrested for or Charged with DUI or driving under the influence of “drugs”?… Contact Komorn Law 800-656-3557. Next Level Delivery of your Cannabis Visit the MMMA Forum to learn more and open discussions More information Board Agenda – November 8, 2018 Emergency Rules – October 1, 2018 Emergency Rules – September 11, 2018 Emergency Rules – May 30, 2018 THC_Limits_Bulletin_639431_7.pdf. Protecting Water Resources When Growing and Processing Marihuana – Advisory Bulletin Daily Purchasing Limits & Item Categories in METRC – Advisory Bulletin Tips for Licensees Fire-Rated Separations Clarification Regarding Chairman Johnson’s Statement at Today’s Medical Marihuana Licensing Board Meeting – Advisory Bulletin Online Registration Now Available for Michigan’s Medical Marihuana Patients 30-Day Transition Period – Advisory Bulletin September Emergency Rules Transition – Advisory Bulletin Caregiver and Patient Status Requirements for Certain Licensed Facilities – Advisory Bulletin Important Metrc Training Info Beginning Inventory Guidelines for Michigan Safety Compliance Facility Information – Technical Bulletin Edible Marihuana Products Bulletin – Advisory Bulletin Department Banned Pesticide Active Ingredient List – Technical Bulletin THCA Crystals/Diamonds – Advisory Bulletin MIOSHA Medical Marihuana Industry Fact Sheet About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Marihuana infused products through provisioning centers must not exceed the set THC levels appeared first on Komorn Law. View the full article
  10. Voted In and Certified If you were born yesterday you may not know that voters approved the legalization proposal in the November 2018 election. So… recreational use of marijuana will become “legal” before the end of the year in the state of Michigan on. December 6, 2018 A date which some of us never thought would happen in our lifetime. It has been a long struggle and many have suffered life altering encounters with the powers at be that abuse those powers for self gain and probably self pleasure. You Can – But You Can’t. One must remember that there are laws regulating the use and distribution of “legal” marijuana and you can still be arrested and prosecuted for not following the laws to a T. The Board of State Canvassers certified the election, meaning recreational cannabis will become legal in Michigan according to the Secretary of State on Dec. 6, 2018. Marijuana will be decriminalized in the state, but you won’t be able to purchase it just yet. It could take up to a year for state legislators and businesses to figure out the licensing aspect. Adults over the age of 21 will be allowed to cultivate, possess and consume marijuana on Dec. 6. An adult over the age of 21 will be allowed to grow no more than 12 plants at your home. Don’t forget – It is still a CSA schedule 1 drug according to the state and the feds. The Gray Areas This is going to be a whole topic in itself and will addressed in a different article later. But as it is written currently there are gray areas in the act that can be interpeted several ways and taken advantage of by all law enforcement and the private citizen. Can you say these two words…Case Law. There will be many new ones. Just like the MMMA sprouted. So prosecutors, law enforcement, judges, court reporters and all those who job depends on the enforcement of marijuana fret not… there is still plenty of punishment to go around and plenty of money to be made. Cause real crime does not pay. How would you get marijuana? According to the act… one can not sell marijuana unless you are licensed. You can not make any private monetary transaction to obtain marijuana unless the state gets to scoop a handful of frosting off the cake. Let the creative ways of pushing the threshold begin… One CAN give it away. Don’t carry more than you’re allowed. Don’t have more at your house than you’re allowed. This leaves more gray areas than the original MMMA and will certainly trigger a number of case laws. Private citizens who voted it into law will be at risk and law enforcement will take advantage of this for a generation or two. It’s not the marijuana charge prosecutors will throw at you. It’s all the other charges that will get you. Here is Section 4 of the act for you to read. How would you buy marijuana? Businesses would be licensed by the state. The initiative allows cities to decide if they want to allow these businesses in their municipality. The time frame for when businesses could obtain such a license is unclear. It sounds like 2019 but it took other states a couple years to figure it out. Hopefully Michigan can learn from them and improve upon it. Can you grow your own marijuana? Yes, you will be allowed to grow NO MORE than 12 plants at your home. If you have a license you will be allowed to legally grow more. Here are the license types that would be offered: Marijuana retailer Marijuana safety compliance facility Marijuana secure transporter Marijuana processor Marijuana microbusiness Class A marijuana grower authorizing cultivation of not more than 100 marijuana plants Class B marijuana grower authorizing cultivation of not more than 500 marijuana plants Class C marijuana grower authorizing cultivation of not more than 2,000 marijuana plants Arrested for or Charged with DUI or driving under the influence of “drugs”?… Contact Komorn Law 800-656-3557. NEW RULE: Home delivery of medical marijuana is now OK in Michigan. Next Level Delivery of your Cannabis Visit the MMMA Forum to learn more and open discussions More information Board Agenda – November 8, 2018 Emergency Rules – October 1, 2018 Emergency Rules – September 11, 2018 Emergency Rules – May 30, 2018 Protecting Water Resources When Growing and Processing Marihuana – Advisory Bulletin Daily Purchasing Limits & Item Categories in METRC – Advisory Bulletin Tips for Licensees Fire-Rated Separations Clarification Regarding Chairman Johnson’s Statement at Today’s Medical Marihuana Licensing Board Meeting – Advisory Bulletin Online Registration Now Available for Michigan’s Medical Marihuana Patients 30-Day Transition Period – Advisory Bulletin September Emergency Rules Transition – Advisory Bulletin Caregiver and Patient Status Requirements for Certain Licensed Facilities – Advisory Bulletin Important Metrc Training Info Beginning Inventory Guidelines for Michigan Safety Compliance Facility Information – Technical Bulletin Edible Marihuana Products Bulletin – Advisory Bulletin Department Banned Pesticide Active Ingredient List – Technical Bulletin THCA Crystals/Diamonds – Advisory Bulletin MIOSHA Medical Marihuana Industry Fact Sheet About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Recreational marijuana will become legal in Michigan on Dec 6 2018 appeared first on Komorn Law. View the full article
  11. LANSING, Michigan. NOV 2018 – Michigan lawmakers approved medical marijuana licensing rules, including a provision to allow provisioning centers (dispensaries) to deliver to MMMP cardholders’ homes. The regulations were passed Tuesday by the Joint Committee on Administrative Rules, a panel of legislators that oversees rules proposed by state agencies. Provisioning centers will be able to deliver up to 2.5 ounces of marijuana per patient and do up to 10 deliveries at a time. The state is in the midst of licensing medical marijuana businesses under a 2016 law. Arrested for or Charged with DUI or driving under the influence of “drugs”?… Contact Komorn Law 800-656-3557. Next Level Delivery of your Cannabis Visit the MMMA Forum to learn more and open discussions More information Board Agenda – November 8, 2018 Emergency Rules – October 1, 2018 Emergency Rules – September 11, 2018 Emergency Rules – May 30, 2018 Protecting Water Resources When Growing and Processing Marihuana – Advisory Bulletin Daily Purchasing Limits & Item Categories in METRC – Advisory Bulletin Tips for Licensees Fire-Rated Separations Clarification Regarding Chairman Johnson’s Statement at Today’s Medical Marihuana Licensing Board Meeting – Advisory Bulletin Online Registration Now Available for Michigan’s Medical Marihuana Patients 30-Day Transition Period – Advisory Bulletin September Emergency Rules Transition – Advisory Bulletin Caregiver and Patient Status Requirements for Certain Licensed Facilities – Advisory Bulletin Important Metrc Training Info Beginning Inventory Guidelines for Michigan Safety Compliance Facility Information – Technical Bulletin Edible Marihuana Products Bulletin – Advisory Bulletin Department Banned Pesticide Active Ingredient List – Technical Bulletin THCA Crystals/Diamonds – Advisory Bulletin MIOSHA Medical Marihuana Industry Fact Sheet About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Michigan approves home delivery for medical marijuana patients appeared first on Komorn Law. View the full article
  12. BATTLE CREEK, Mich. — In just a few weeks, recreational marijuana will be legal in Michigan and many cities are anxious to get plans in place. On Tuesday, Portage city leaders voted to ban recreational marijuana businesses from operating in the city for the time being. City leaders in Battle Creek have no plans to ban anything just yet, but if you live there that doesn’t mean you’ll be able to go out and buy recreational marijuana come December 6, the day the new law goes into effect. Battle Creek City Manager Rebecca Fleury said voting to legalize recreational pot is just the beginning of a very long process that could take years. “We’re getting a lot of questions here from our neighbors about how we are and how we aren’t going to be moving forward,” she said. Arrested for or Charged with DUI or driving under the influence of “drugs”?… Contact Komorn Law 800-656-3557. Battle Creek and other communities have until December 2019 to figure out how to regulate the sale of recreational marijuana. Fleury plans to proceed with caution. “We have to realize that we do get a lot of federal funding and marijuana is still illegal at the federal level. We don’t want to put any federal funding in jeopardy,” she said. Next week Ross Township will consider passing an ordinance that prohibits recreational marijuana businesses from operating there. This comes after a heated battle over medical marijuana grow facilities earlier this year. The township ended up repealing ordinances that allowed medical marijuana grow faculties. Medical marijuana facilities are legal in Battle Creek, but none are currently operating. Fleury believes regulations already in place for the medical industry will help with the recreational “I think it does help us it gives us some kind of workable framework but there’s still a lot we need to work out with the state and specifics for our community,” Fleury said. Beginning December 6, you have to be at least 21 to smoke recreational marijuana. Selling recreational marijuana is illegal until there is a regulatory process in place. Visit the MMMA Forum to learn more and open discussions Visit the Michigan State Licensing site for more information About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post West Michigan communities move forward with ban on recreational pot businesses appeared first on Komorn Law. View the full article
  13. Michigan Medical Marihuana Act (MMMA) This legislation was passed in 2008 allowing for individuals and their assigned card carrying caregivers to grow and possess marijuana in limited quantities, as long as they had a prescription from a doctor. The legislation left a lot of items open for interpretation, creating many gray areas and legal misinterpretations that were twisted to the advantage of one party over another. Gray areas like this got many people in legal trouble, even when they were trying to operate within the rules. To date, dispensaries have typically been operating outside of this law. Some municipalities have shut down dispensaries while others have allowed them to operate. The MMMA says it allows for caregivers to receive compensation for their expenses in growing and creating medicine. Visit the MMMA Forum to learn more and open discussions Arrested for or Charged with DUI or driving under the influence of “drugs”?…Don’t Plea Out – Contact Komorn Law 800-656-3557. Michigan Marihuana Facilities Licensing Act (MMFLA) The MMFLA was passed in 2016 in an attempt to provide the state with legal framework for marijuana businesses to operate. By applying for a permit with the local municipality, and then applying for and getting approved for a license with the state, approved businesses will be allowed to operate under rules that the state has been evolving. There are currently 5 basic license types that will be issued, Class A, B, or C Cultivation, Processing (Extraction, cooking, packaging, etc), Provisioning (Dispensary), Safety Compliance (Testing labs), and Secure Transportation. These businesses will operate under restrictive state regulations. There will be several requirements like reporting every purchase and sale to the state, undergoing extensive background searches, and following specific packaging standards. There is also a substantial application process involved in this model, along with annual fees and many other requirements. Visit the Michigan State Licensing site for more information About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post MMMA vs MMFLA appeared first on Komorn Law. View the full article
  14. The number of hate crime incidents reported to the FBI increased about 17 percent in 2017 compared with the previous year, according to the Uniform Crime Reporting (UCR) Program’s annual Hate Crime Statistics report, released today. 2017 FBI Hate Crime Statistics Report Shows More Departments Reporting Hate Crime Statistics Law enforcement reported 7,175 hate crimes to UCR in 2017, up from 6,121 in 2016. Although the numbers increased last year, so did the number of law enforcement agencies reporting hate crime data—with approximately 1,000 additional agencies contributing information. The report, Hate Crime Statistics, 2017, includes hate crime information for last year, broken down by location, offenders, bias types, and victims. According to the report, the most common bias categories in single-bias incidents were race/ethnicity/ancestry (59.6) percent, religion (20.6 percent), and sexual orientation (15.8 percent). In addition to the 7,106 single-bias incidents reported last year, there were also 69 multiple-bias hate crimes reported. Have a Criminal Record? Start your expungement process now…Contact Komorn Law 800-656-3557. About 5,000 of the hate crimes reported were categorized as crimes against persons, such as intimidation or assault. About 3,000 were considered crimes against property, such as vandalism, robbery, or burglary. (Some hate crime incidents are classified as both crimes against persons and crimes against property.) The FBI is working with law enforcement partners across the country to encourage reporting of hate crime statistics. Next year, FBI personnel will provide training for law enforcement officers on how to identify bias-motivated incidents and report that data to the FBI’s UCR Program. Additionally, the Department of Justice launched a new hate crimes webpage, which has information for law enforcement on reporting incidents. Reporting hate crime data to the UCR Program allows the public, researchers, community leaders, and local government to raise awareness of the issue and gain a more accurate picture of hate crimes. It also allows law enforcement agencies to develop data-focused strategies and preventative measures. Hate crimes are the highest investigative priority in the FBI’s civil rights program. Resources FBI Releases 2017 Hate Crime Statistics FBI, This Week: 2017 Hate Crime Statistics Released Full report: Hate Crime Statistics, 2017 https://ucr.fbi.gov/hate-crime/2017 About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post 2017 FBI Hate Crime Statistics appeared first on Komorn Law. View the full article
  15. The people of the State of Michigan enact: This act shall be known and may be cited as the Michigan Regulation and Taxation of Marihuana Act. INITIATION OF LEGISLATION An initiation of legislation to allow under state law the personal possession and use of marihuana by persons 21 years of age or older; to provide for the lawful cultivation and sale of marihuana and industrial hemp by persons 21 years of age or older; to permit the taxation of revenue derived from commercial marihuana facilities; to permit the promulgation of administrative rules; and to prescribe certain penalties for violations of this act. Sec 7. The department is responsible for implementing this act and has the powers and duties necessary to control the commercial production and distribution of marihuana. Sec. 7. 1. The department is responsible for implementing this act and has the powers and duties necessary to control the commercial production and distribution of marihuana. The department shall employ personnel and may contract with advisors and consultants as necessary to adequately perform its duties. No person who is pecuniarily interested, directly or indirectly, in any marihuana establishment may be an employee, advisor, or consultant involved in the implementation, administration, or enforcement of this act. An employee, advisor, or consultant of the department may not be personally liable for any action at law for damages sustained by a person because of an action performed or done in the performance of their duties in the implementation, administration, or enforcement of this act. The department of state police shall cooperate and assist the department in conducting background investigations of applicants. Responsibilities of the department include: (a) promulgating rules pursuant to section 8 of this act that are necessary to implement, administer, and enforce this act; (b) granting or denying each application for licensure and investigating each applicant to determine eligibility for licensure, including conducting a background investigation on each person holding an ownership interest in the applicant; Have a Marijuana Related Criminal Record? Start the expungement process now…Contact Komorn Law 800-656-3557. (c) ensuring compliance with this act and the rules promulgated thereunder by marihuana establishments by performing investigations of compliance and regular inspections of marihuana establishments and by taking appropriate disciplinary action against a licensee, including prescribing civil fines for violations of this act or rules and suspending, restricting, or revoking a state license; (d) holding at least 4 public meetings each calendar year for the purpose of hearing complaints and receiving the views of the public with respect to administration of this act; (e) collecting fees for licensure and fines for violations of this act or rules promulgated thereunder, depositing all fees collected in the marihuana regulation fund established by section 14 of this act, and remitting all fines collected to be deposited in the general fund; and (f) submitting an annual report to the governor covering the previous year, which report shall include the number of state licenses of each class issued, demographic information on licensees, a description of enforcement and disciplinary actions taken against licensees, and a statement of revenues and expenses of the department related to the implementation, administration, and enforcement of this act. Sec. 8. 1. The department shall promulgate rules to implement and administer this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to MCL 24.328, including: Sec. 8. 1. The department shall promulgate rules to implement and administer this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to MCL 24.328, including: (a) procedures for issuing a state license pursuant to section 9 of this act and for renewing, suspending, and revoking a state license; (b) a schedule of fees in amounts not more than necessary to pay for implementation, administration, and enforcement costs of this act and that relate to the size of each licensee or the volume of business conducted by the licensee; (c) qualifications for licensure that are directly and demonstrably related to the operation of a marihuana establishment, provided that a prior conviction solely for a marihuana-related offense does not disqualify an individual or otherwise affect eligibility for licensure, unless the offense involved distribution of a controlled substance to a minor; (d) requirements and standards for safe cultivation, processing, and distribution of marihuana by marihuana establishments, including health standards to ensure the safe preparation of marihuana-infused products and prohibitions on pesticides that are not safe for use on marihuana; (e) testing, packaging, and labeling standards, procedures, and requirements for marihuana, including a maximum tetrahydrocannabinol level for marihuana-infused products, a requirement that a representative sample of marihuana be tested by a marihuana safety compliance facility, and a requirement that the amount of marihuana or marihuana concentrate contained within a marihuana-infused product be specified on the product label; (f) security requirements, including lighting, physical security, and alarm requirements, and requirements for securely transporting marihuana between marihuana establishments, provided that such requirements do not prohibit cultivation of marihuana outdoors or in greenhouses; (g) record keeping requirements for marihuana establishments and monitoring requirements to track the transfer of marihuana by licensees; (h) requirements for the operation of marihuana secure transporters to ensure that all marihuana establishments are properly serviced; (i) reasonable restrictions on advertising, marketing, and display of marihuana and marihuana establishments; (j) a plan to promote and encourage participation in the marihuana industry by people from communities that have been disproportionately impacted by marihuana prohibition and enforcement and to positively impact those communities; and (k) penalties for failure to comply with any rule promulgated pursuant to this section or for any violation of this act by a licensee, including civil fines and suspension, revocation, or restriction of a state license. 2. In furtherance of the intent of this act, the department may promulgate rules to: (a) provide for the issuance of additional types or classes of state licenses to operate marihuana-related businesses, including licenses that authorize only limited cultivation, processing, transportation, delivery, storage, sale, or purchase of marihuana, licenses that authorize the consumption of marihuana within designated areas, licenses that authorize the consumption of marihuana at special events in limited areas and for a limited time, licenses that authorize cultivation for purposes of propagation, and licenses intended to facilitate scientific research or education; or (b) regulate the cultivation, processing, distribution, and sale of industrial hemp. 3. The department may not promulgate a rule that: (a) establishes a limit on the number of any type of state licenses that may be granted; (b) requires a customer to provide a marihuana retailer with identifying information other than identification to determine the customer’s age or requires the marihuana retailer to acquire or record personal information about customers other than information typically required in a retail transaction; (c) prohibits a marihuana establishment from operating at a shared location of a marihuana facility operating pursuant to the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801, or prohibits a marihuana grower, marihuana processor, or marihuana retailer from operating within a single facility; or (d) is unreasonably impracticable. About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Michigan Regulation and Taxation of Marihuana Act-Sec 7 The department is responsible for implementing this act appeared first on Komorn Law. View the full article
  16. Sec 6 Municipalities may completely prohibit or limit the number of marihuana establishments The people of the State of Michigan enact: This act shall be known and may be cited as the Michigan Regulation and Taxation of Marihuana Act. INITIATION OF LEGISLATION An initiation of legislation to allow under state law the personal possession and use of marihuana by persons 21 years of age or older; to provide for the lawful cultivation and sale of marihuana and industrial hemp by persons 21 years of age or older; to permit the taxation of revenue derived from commercial marihuana facilities; to permit the promulgation of administrative rules; and to prescribe certain penalties for violations of this act. Sec. 6 Municipalities may completely prohibit or limit the number of marihuana establishments Sec. 6. 1. Except as provided in section 4, a municipality may completely prohibit or limit the number of marihuana establishments within its boundaries. Individuals may petition to initiate an ordinance to provide for the number of marihuana establishments allowed within a municipality or to completely prohibit marihuana establishments within a municipality, and such ordinance shall be submitted to the electors of the municipality at the next regular election when a petition is signed by qualified electors in the municipality in a number greater than 5% of the votes cast for governor by qualified electors in the municipality at the last gubernatorial election. A petition under this subsection is subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488. 2. A municipality may adopt other ordinances that are not unreasonably impracticable and do not conflict with this act or with any rule promulgated pursuant to this act and that: (a) establish reasonable restrictions on public signs related to marihuana establishments; (b) regulate the time, place, and manner of operation of marihuana establishments and of the production, manufacture, sale, or display of marihuana accessories; (c) authorize the sale of marihuana for consumption in designated areas that are not accessible to persons under 21 years of age, or at special events in limited areas and for a limited time; and (d) designate a violation of the ordinance and provide for a penalty for that violation by a marihuana establishment, provided that such violation is a civil infraction and such penalty is a civil fine of not more than $500. Have a Marijuana Related Criminal Record? Start the expungement process now…Contact Komorn Law 800-656-3557. 3. A municipality may adopt an ordinance requiring a marihuana establishment with a physical location within the municipality to obtain a municipal license, but may not impose qualifications for licensure that conflict with this act or rules promulgated by the department. 4. A municipality may charge an annual fee of not more than $5,000 to defray application, administrative, and enforcement costs associated with the operation of the marihuana establishment in the municipality. 5. A municipality may not adopt an ordinance that restricts the transportation of marihuana through the municipality or prohibits a marihuana grower, a marihuana processor, and a marihuana retailer from operating within a single facility or from operating at a location shared with a marihuana facility operating pursuant to the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801. About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Michigan Regulation and Taxation of Marihuana Act-Sec 6 Municipalities may completely prohibit or limit the number of marihuana establishments appeared first on Komorn Law. View the full article
  17. The people of the State of Michigan enact: This act shall be known and may be cited as the Michigan Regulation and Taxation of Marihuana Act. INITIATION OF LEGISLATION An initiation of legislation to allow under state law the personal possession and use of marihuana by persons 21 years of age or older; to provide for the lawful cultivation and sale of marihuana and industrial hemp by persons 21 years of age or older; to permit the taxation of revenue derived from commercial marihuana facilities; to permit the promulgation of administrative rules; and to prescribe certain penalties for violations of this act. Sec 5. All other laws inconsistent with this act do not apply to conduct that is permitted by this act. Sec. 5. 1. Notwithstanding any other law or provision of this act, and except as otherwise provided in section 4 of this act, the following acts by a person 21 years of age or older are not unlawful, are not an offense, are not grounds for seizing or forfeiting property, are not grounds for arrest, prosecution, or penalty in any manner, are not grounds for search or inspection, and are not grounds to deny any other right or privilege: (a) except as permitted by subdivision (b), possessing, using or consuming, internally possessing, purchasing, transporting, or processing 2.5 ounces or less of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate; (b) within the person’s residence, possessing, storing, and processing not more than 10 ounces of marihuana and any marihuana produced by marihuana plants cultivated on the premises and cultivating not more than 12 marihuana plants for personal use, provided that no more than 12 marihuana plants are possessed, cultivated, or processed on the premises at once; (c) assisting another person who is 21 years of age or older in any of the acts described in this section; and Have a Marijuana Related Criminal Record? Start the expungement process now…Contact Komorn Law 800-656-3557. (d) giving away or otherwise transferring without remuneration up to 2.5 ounces of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate, to a person 21 years of age or older, as long as the transfer is not advertised or promoted to the public. 2. Notwithstanding any other law or provision of this act, except as otherwise provided in section 4 of this act, the use, manufacture, possession, and purchase of marihuana accessories by a person 21 years of age or older and the distribution or sale of marihuana accessories to a person 21 years of age or older is authorized, is not unlawful, is not an offense, is not grounds for seizing or forfeiting property, is not grounds for arrest, prosecution, or penalty in any manner, and is not grounds to deny any other right or privilege. 3. A person shall not be denied custody of or visitation with a minor for conduct that is permitted by this act, unless the person’s behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated. About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Michigan Regulation and Taxation of Marihuana Act-Section 5 All other laws inconsistent with this act do not apply appeared first on Komorn Law. View the full article
  18. The people of the State of Michigan enact: This act shall be known and may be cited as the Michigan Regulation and Taxation of Marihuana Act. INITIATION OF LEGISLATION An initiation of legislation to allow under state law the personal possession and use of marihuana by persons 21 years of age or older; to provide for the lawful cultivation and sale of marihuana and industrial hemp by persons 21 years of age or older; to permit the taxation of revenue derived from commercial marihuana facilities; to permit the promulgation of administrative rules; and to prescribe certain penalties for violations of this act. Sec. 4. 1. This act does not authorize: Sec. 4. 1. This act does not authorize: (a) operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat while under the influence of marihuana; (b) transfer of marihuana or marihuana accessories to a person under the age of 21; (c) any person under the age of 21 to possess, consume, purchase or otherwise obtain, cultivate, process, transport, or sell marihuana; (d) separation of plant resin by butane extraction or another method that utilizes a substance with a flashpoint below 100 degrees Fahrenheit in any public place, motor vehicle, or within the curtilage of any residential structure; (e) consuming marihuana in a public place or smoking marihuana where prohibited by the person who owns, occupies, or manages the property, except for purposes of this subdivision a public place does not include an area designated for consumption within a municipality that has authorized consumption in designated areas that are not accessible to persons under 21 years of age; (f) cultivating marihuana plants if the plants are visible from a public place without the use of binoculars, aircraft, or other optical aids or outside of an enclosed area equipped with locks or other functioning security devices that restrict access to the area; (g) consuming marihuana while operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat, or smoking marihuana within the passenger area of a vehicle upon a public way; (h) possessing marihuana accessories or possessing or consuming marihuana on the grounds of a public or private school where children attend classes in preschool programs, kindergarten programs, or grades 1 through 12, in a school bus, or on the grounds of any correctional facility; or (i) Possessing more than 2.5 ounces of marihuana within a person’s place of residence unless the excess marihuana is stored in a container or area equipped with locks or other functioning security devices that restrict access to the contents of the container or area. Have a Marijuana Related Criminal Record? Start the expungement process now…Contact Komorn Law 800-656-3557. 2. This act does not limit any privileges, rights, immunities, or defenses of a person as provided in the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430, the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801, or any other law of this state allowing for or regulating marihuana for medical use. 3. This act does not require an employer to permit or accommodate conduct otherwise allowed by this act in any workplace or on the employer’s property. This act does not prohibit an employer from disciplining an employee for violation of a workplace drug policy or for working while under the influence of marihuana. This act does not prevent an employer from refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against a person with respect to hire, tenure, terms, conditions, or privileges of employment because of that person’s violation of a workplace drug policy or because that person was working while under the influence of marihuana. 4. This act allows a person to prohibit or otherwise regulate the consumption, cultivation, distribution, processing, sale, or display of marihuana and marihuana accessories on property the person owns, occupies, or manages, except that a lease agreement may not prohibit a tenant from lawfully possessing and consuming marihuana by means other than smoking. 5. All other laws inconsistent with this act do not apply to conduct that is permitted by this act. About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Michigan Regulation and Taxation of Marihuana Act-Section 4 This act does not authorize appeared first on Komorn Law. View the full article
  19. Michigan Medical Marihuana Licensing Board Meeting 11-08-2018 The post Michigan Medical Marihuana Licensing Board Meeting 11-08-2018 appeared first on Komorn Law. View the full article
  20. Saw this on MichiganHempIndustries.com and thought it made sense. MARIJUANA ATTORNEY CLONES The “marijuana” attorney clones are spawning out of mist to hop on the cannabis train that very few lawyers, activists and victims of the system struggled to get a seat on. Those people are the ones that fought all along for the rights of those charged with marijuana “crimes”, fought for medical marijuana and exposed themselves to the public to eventually get marijuana recognized enough as OK to be recreational. These few attorneys know and understand the community and have been part of the community. The lawyers now appearing out of thin air as “experienced” and marketing for a page 1 slot position in a Google search have not been in the trenches. There are some that fought from the shadows and offered support, but they gained no experience from not facing the challenges. Some attorneys viewed these types of cases as a quick income and knew well in advance they were going to plea out. The new marijuana laws are intricate, evolving to adapt and require special attention to understand. You want someone who knows the inner workings of state and local governments and the laws where your business operates. Thinking of starting a cannabis related business in Michigan? Contact Komorn Law 800-656-3557. But first do your homework like the article says. It’s OK we welcome it. Start at the bottom of this page. Finish the article first! DON’T BELIEVE THE HYPE Before hiring an attorney or legal consultant don’t believe the hype they put out. Do your homework and check to see if the lawyer you’re looking at has some connection to the community and has focused their practice around marijuana. It doesn’t mean they should be 100% focused on it but a sizable portion of their practice should be the main focus. CHECK THEM OUT If they claim to be part of the community – check it out. Ask people in the cannabis community who they would refer or go to. Then ask why and what their experience was with the attorney. If the attorney claims victory after victory with little or no information (yes – there are privacy issues) something may be off. One could make stories up all day long. WHAT ELSE DO THEY DO Do they upload videos to you tube? Do they have a radio show? What do their reviews look like? Do the reviews look real? Look into it. This is the person that’s going to be the one who has your back, keep you safe and stand up for you if you screw something up. WORD OF MOUTH This article could go on and on but by now you should have been motivated to do your homework and make some good choices. This article was not made for SEO and Googlized to be #1. It was made make you think and be proactive. Remember word of mouth has always been the best form of advertising. The best thing to do is just ask the people who were already there and happy with the results. Then dig deeper. Oh yeah…RIP- Stan Lee. About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Do Your Homework Before Hiring the Right Attorney For Your Cannabis Business appeared first on Komorn Law. View the full article
  21. In case you were born yesterday the Proposal 1 did pass and recreational marijuana is legal. We are going to break down the sections of the act in a series of posts to make it easier to understand. This act may and most likely will evolve as it becomes law and lawmakers get their fingers in the pie. Section 3 establishes the definitions for things in the act itself. This act shall be known and may be cited as the Michigan Regulation and Taxation of Marihuana Act. INITIATION OF LEGISLATION An initiation of legislation to allow under state law the personal possession and use of marihuana by persons 21 years of age or older; to provide for the lawful cultivation and sale of marihuana and industrial hemp by persons 21 years of age or older; to permit the taxation of revenue derived from commercial marihuana facilities; to permit the promulgation of administrative rules; and to prescribe certain penalties for violations of this act. The people of the State of Michigan enact: SECTION 3 Sec. 3. As used in this act: (a) “Cultivate” means to propagate, breed, grow, harvest, dry, cure, or separate parts of the marihuana plant by manual or mechanical means. (b) “Department” means the department of licensing and regulatory affairs. (c) “Industrial hemp” means a plant of the genus cannabis and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed 0.3% on a dry-weight basis, or per volume or weight of marihuana-infused product, or the combined percent ofdelta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant of the genus cannabis regardless of moisture content. (d) “Licensee” means a person holding a state license. (e) “Marihuana” means all parts of the plant of the genus cannabis, growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including marihuana concentrate and marihuana-infused products. For purposes of this act, marihuana does not include: Have a Marijuana Related Criminal Record? Start the expungement process now…Contact Komorn Law 800-656-3557. (1) the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from those stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of germination; (2) industrial hemp; or (3) any other ingredient combined with marihuana to prepare topical or oral administrations, food, drink, or other products. (f) “Marihuana accessories” means any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marihuana into the human body. (g) “Marihuana concentrate” means the resin extracted from any part of the plant of the genus cannabis. (h) “Marihuana establishment” means a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, or any other type of marihuana-related business licensed by the department. (i) “Marihuana grower” means a person licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments. (j) “Marihuana-infused product” means a topical formulation, tincture, beverage, edible substance, or similar product containing marihuana and other ingredients and that is intended for human consumption. (k) “Marihuana microbusiness” means a person licensed to cultivate not more than 150 marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana to individuals who are 21 years of age or older or to a marihuana safety compliance facility, but not to other marihuana establishments. (l) “Marihuana processor” means a person licensed to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments. (m) “Marihuana retailer” means a person licensed to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who are 21 years of age or older. (n) “Marihuana secure transporter” means a person licensed to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments. (o) “Marihuana safety compliance facility” means a person licensed to test marihuana, including certification for potency and the presence of contaminants. (p) “Municipal license” means a license issued by a municipality pursuant to section 16 of this act that allows a person to operate a marihuana establishment in that municipality. (q) “Municipality” means a city, village, or township. (r) “Person” means an individual, corporation, limited liability company, partnership of any type, trust, or other legal entity. (s) “Process” or “Processing” means to separate or otherwise prepare parts of the marihuana plant and to compound, blend, extract, infuse, or otherwise make or prepare marihuana concentrate or marihuana-infused products. (t) “State license” means a license issued by the department that allows a person to operate a marihuana establishment. (u) “Unreasonably impracticable” means that the measures necessary to comply with the rules or ordinances adopted pursuant to this act subject licensees to unreasonable risk or require such a high investment of money, time, or any other resource or asset that a reasonably prudent businessperson would not operate the marihuana establishment. About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Michigan Regulation and Taxation of Marihuana Act-Section 3-Definitions appeared first on Komorn Law. View the full article
  22. In case you were born yesterday the Proposal 1 did pass and recreational marijuana is legal. We are going to break down the sections of the act in a series of posts to make it easier to understand. This act may and most likely will evolve as it becomes law and lawmakers get their fingers in the pie. Why is marijuana spelled with an H and a J? Michigan’s spelling is primarily sourced from the original spelling of the word, which first appears in US law in the Marihuana Tax Act of 1937, drafted by the infamous Harry Anslinger, head of the Bureau of Narcotics under FDR. Its origins are in , Mexican-Spanish, and the later modern spelling using a “j” was an uniquely American one. Canada spells it with an “h” as well, as does the federal government on occasion. As governing state laws spell marihuana with an “h,” communication from BMMR in relation to the Medical Marihuana Act or facility licensing and the applicable administrative rules will use an “h” in the spelling of Marihuana. The Beginning – Sections 1 and 2 simply establish the reason for the law. Read on. This act shall be known and may be cited as the Michigan Regulation and Taxation of Marihuana Act. INITIATION OF LEGISLATION An initiation of legislation to allow under state law the personal possession and use of marihuana by persons 21 years of age or older; to provide for the lawful cultivation and sale of marihuana and industrial hemp by persons 21 years of age or older; to permit the taxation of revenue derived from commercial marihuana facilities; to permit the promulgation of administrative rules; and to prescribe certain penalties for violations of this act. The people of the State of Michigan enact: SECTION 1 This act shall be known and may be cited as the Michigan Regulation and Taxation of Marihuana Act. Have a Marijuana Related Criminal Record? Start the expungement process now…Contact Komorn Law 800-656-3557. Section 2 The purpose of this act is to make marihuana legal under state and local law for adults 21 years of age or older, to make industrial hemp legal under state and local law, and to control the commercial production and distribution of marihuana under a system that licenses, regulates, and taxes the businesses involved. The intent is to prevent arrest and penalty for personal possession and cultivation of marihuana by adults 21 years of age or older; remove the commercial production and distribution of marihuana from the illicit market; prevent revenue generated from commerce in marihuana from going to criminal enterprises or gangs; prevent the distribution of marihuana to persons under 21 years of age; prevent the diversion of marihuana to illicit markets; ensure the safety of marihuana and marihuana-infused products; and ensure security of marihuana establishments. To the fullest extent possible, this act shall be interpreted in accordance with the purpose and intent set forth in this section. About Komorn Law Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers. If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer. Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Michigan Regulation and Taxation of Marihuana Act – Sections appeared first on Komorn Law. View the full article
  23. “State authorities believe the officer skipped a step in the test meant to ensure the readings are accurate.” Before you read the article below think of this… Note: The time you can never get back, money you will never get back, opportunities you should have had and you will still be on the s-list for insurance carriers to scam you out of more money. If you sue… the taxpayers will get bill once again and the cop will blame it on lack of training, no manual enclosed or the equipment and take several people down with him or her. One would assume this police officer testified in court or in an affidavit countless times that they were an expert and had specialized training for this “public service”. You can be assured the tax payers covered this training. This cop will move on to other things and probably become a high paid political consultant and news caster. Ahhh Politics…the new career path for those with no real skills except selling snake oil. Nov. 13, 2018 / 4:10 PM EST By Associated Press TRENTON, N.J. — A ruling issued Tuesday by the New Jersey Supreme Court could cause more than 20,000 drunken driving convictions to be vacated. The justices unanimously found that criminal charges pending against a state police sergeant made breath-testing device test results from five counties inadmissible as evidence. Sgt. Marc Dennis was in charge of calibrating the devices, and authorities have alleged that he skipped a required step in the calibration process. Dennis has denied any wrongdoing and has pleaded not guilty to records tampering and other charges. If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, or any other crimes. Contact Komorn Law at 800-656-3557 to ensure you’re defended by experienced lawyers. The court’s decision means that as many as 20,667 DWI convictions could now be challenged, according to state authorities and the lawyer for the now-dead plaintiff who brought the case that the court ruled on. The accusations against Dennis called into question any test result involving a machine he handled, including devices used by local police in Middlesex, Monmouth, Ocean, Somerset, and Union counties between 2008 and 2016. State authorities have maintained that the step Dennis allegedly skipped was one of several redundancies and fail-safes meant to ensure the readings are accurate. They claim that omitting that one step didn’t invalidate the results, noting New Jersey is the only state that requires the step. The Supreme Court, though, sided with Judge Joseph Lisa, who was appointed as a special master to handle the issue. He found the step omission raised substantial doubts about the reliability of the machines. As part of their decision, the justices ordered state authorities to notify anyone whose case involved results from machines Dennis calibrated. They must tell them that those results were not scientifically sound, so they can decide whether they want to go to court and seek to have their convictions vacated. About: KOMORN LAW Attorney Michael Komorn is recognized as a leader in community and legal defense in cases involving the Michigan Medical Marihuana Act and . He is also the President of the Michigan Medical Marijuana Association (MMMA), a non-profit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers. Contact us for a free no-obligation case evaluation 800-656-3557. Follow Komorn Law Facebook Twitter You Tube – KomornLawMi Michigan Medical Marijuana Association Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Service) Komorn Law Blogs Michigan Medical Marijuana Association (Community Discussions) The post Over 20,000 drunk-driving convictions could be tossed after NJ State Trooper charged with tampering appeared first on Komorn Law. View the full article
  24. Don’t forget even though marijuana is legalized in the State of Michigan the police still need a way to generate payroll. Treat marijuana or cannabis as many call it with the same approach as alcohol. Don’t smoke and drive. Remember it is still a schedule 1 drug until it’s not. They will be watching and taking. Here’s a release from the Michigan State Police Impaired Driving Law It is a crime for a driver to have a bodily alcohol content (BAC) of .08 or greater if over age 21 or .02 or greater if under 21. In addition, Michigan has a high-BAC law with enhanced penalties for anyone caught driving with a BAC of .17 or higher. However, drivers can be arrested at any BAC level if they exhibit signs of impairment while operating a motor vehicle. Drivers with any amount of a Schedule 1 controlled substance and/or cocaine are subject to the same fines and penalties as drunk drivers, even if they show no signs of impairment. The only exception is an individual who has a valid medical marijuana card and is driving with marijuana in his or her system. Under the law, an officer must show they are impaired due to that marijuana. Have a Marijuana Related Criminal Record? Get rid of it – Start the expungement process now ! Contact Komorn Law 800-656-3557. Costs and Consequences of a Drunk Driving Conviction If BAC is below .17 and this is a first offense: Up to $500 fine Up to 93 days in jail Up to 360 hours of community service Up to 180 days license suspension 6 points on a driver’s license If BAC is .17 or higher and this is a first offense: Up to $700 fine Up to 180 days in jail Up to 360 hours of community service Up to one year license suspension 6 points on a driver’s license Mandatory completion of an alcohol treatment program Ignition interlock use and compliance after 45 days license suspension is required to receive a restricted driver’s license. Convicted drunk drivers have limited driving privileges, are prohibited from operating a vehicle without an approved and properly installed ignition interlock device, and are responsible for all installation and upkeep costs for the device. Anyone who refuses a breath test the first time is given an automatic one-year driver’s license suspension. For a second refusal within seven years, the suspension is two years. Convicted drunk drivers are subject to a $1,000 penalty for two consecutive years under the Driver Responsibility Act, for a total of $2,000 in additional costs. Safer Alternatives Tens of thousands of people are arrested annually in Michigan for alcohol-related driving offenses. To avoid a drunk driving arrest and the costs associated with such an arrest: Designate a sober driver before drinking alcohol Call a friend, cab, ride service, walk, or take the bus Stay overnight Thanks Officers Note: Remember recreational marijuana is a new venture and many regulations and laws will evolve. This page is for informational purposes. Please consult an attorney and check often for updates. So your best bet is to check with the most experienced and community involved attorney in Michigan…Michael Komorn Michael Komorn is recognized as a leading expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group with over 30,000 members, which advocates for the rights of medical marijuana patients and their caregivers. Michael is also the host of Planet Green Trees Radio, a marijuana reform based show, which is broadcast every Thursday night 8-10 pm EST. Follow Komorn on Twitter. Contact us for a case evaluation at 800-656-3557 The post Legalized Marijuana-Remember it is still a schedule 1 drug until it is not. appeared first on Komorn Law. View the full article
  25. Hover your mouse over the map or tap to see the number of yes and no votes county by county for Michigan Proposition 1 to legalize recreational marijuana. In case you were born yesterday the Proposal 1 did pass and recreational marijuana will be legal 10 days after the vote has been certified. The vote is supposed to be certified by November 26, 2018 in which case the official legal status should be around Dec 6, 2018. Remember it will be regulated, taxed, controlled, hated and loved. Let’s move forward with respect and humbleness for this state win that has been a struggle for so many years. Next is Federal status. Have a Marijuana Related Criminal Record? Get rid of it – Start the expungement process now ! Contact Komorn Law 800-656-3557. The post Interactive Map of How Michigan Voted on Prop 1 County By County appeared first on Komorn Law. View the full article
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