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Everything posted by KLAW Blog

  1. Governor Gretchen Whitmer and Lt. Governor Garlin Gilchrist joined Attorney General Dana Nessel, Secretary of State Jocelyn Benson, Congressman Dan Kildee and Genesee County Sheriff Christopher Swanson in Flint for the state’s first expungement event since the governor signed the Clean Slate bills into law. During her 2018 campaign, Governor Whitmer made expungement for marijuana convictions one of her key priorities. Upon taking office, Governor Whitmer worked with the Republican-majority legislature to pass crucial Clean Slate legislation that will help thousands of Michiganders gain emp
  2. The Michigan House has passed legislation that would close a loophole allowing the sale of unregulated THC products. Currently, some products use THC from marijuana, but are not regulated the same way. The new legislation would define all THC products as marijuana, making them subject to the same testing and regulations. Michigan legalized medical marijuana back in 2008, and recreational marijuana 10 years later in 2018. The new bill now heads to the state Senate. A new bill, HB 4517, would expand Michigan’s definition of marijuana to include THC, regardless of whether it i
  3. A federal judge in Detroit heard arguments Thursday in a legal battle that has halted the processing of applications for recreational marijuana businesses in the city. U.S. District Judge Bernard Friedman last month ordered Detroit to temporarily stop processing applications amid a lawsuit that argues a provision of a new ordinance regulating recreational pot operations gives unfair preference to longtime residents deemed legacy Detroiters. Friedman granted the preliminary injunction in favor of Crystal Lowe, a resident and prospective marijuana business operator, who sued the city
  4. House Bill 4085 (2021) February 02, 2021, Introduced by Reps. Cynthia Johnson, Tyrone Carter and Jones and referred to the Committee on Tax Policy.A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4ii. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: Sec. 4ii. (1) The tax under this act does not apply to the storage, use, or consumption of marihuana and marihuana-infused product by a registered qualifying patient. (2) As used in this section, “marihuana”, “marihuana-infused product”, and “registered qualifying patient” mean those ter
  5. A Lansing man is suing five police officers, Ingham County and a confidential police informant for what he says was a mistaken identity arrest. The five officers — four from Michigan State Police and one from the Ingham County Sheriff’s Office — were working with a confidential informant who told them a man named Al Jessup could sell him heroin and cocaine, according to a police report. According to the lawsuit, the informant lied to police about the seller’s identity and police were “reckless” in relying on the information. Police bought drugs twice from a man they believed to b
  6. Executive director of Michigan’s Marijuana Regulatory Agency, Andrew Brisbo, announced a new legislative importance, that the state bring Delta-8 THC and other cannabinoids under the same regulatory framework as Delta-9 THC. HB4517 The eight bills, led by HB 4517, and sponsored by Rep. Yousef Rabhi (D- Ann Arbor) and Rep. Jim Lilly (R-Holland), would revise the definition of Tetrahydrocannabinols (THC) more commonly so that not only Delta-9 THC is covered but any THC product the MRA determines has a potential for abuse. House Bill 4517 Summary The legislation experienced accolad
  7. See what your “politicians” are doing with legislature regarding Cannabis, CBD, Hemp and Delta8 as well as the manipulation of voted in laws. The list below is the result of a search in the Michigan legislature using the word Marijuana. Click the link and look for the bill summary or read the bill in detail. DocumentTypeDescriptionS.B. 0014 of 2021Senate Introduced BillCriminal procedure: jurisdiction; venue for prosecution of delivery of a controlled substance causing death; modify. Amends sec. 317a of 1931 PA 328 (MCL 750.317a). TIE BAR WITH: SB 0015’21S.B. 0041 of 2021Senate Introd
  8. Question List – Scroll Down For Answers Prohibited Persons/NICS Denials: I have been convicted of a felony. How do I reinstate my rights to possess a firearm?Can a person prohibited by law from possessing a firearm acquire and use a black powder muzzle loading firearm?I was the subject of a NICS check when I attempted to purchase a firearm from an FFL, and I received a delayed response or a denial. Please tell me why I did not receive a “proceed” response.Transferring/Shipping/Possession of Firearms: May I lawfully transfer a firearm to an individual who resides in a different State?
  9. Our firm gets contacted several times a week about people with a felony convictions. So how does one restore their firearms rights in Michigan after a felony conviction. Some rights are restored automatically and some require a judge’s blessing. You should do your research before hand and probably the wisest move would be to consult a lawyer. Current Law Current Michigan law (mcl-750-224f) states if you have been convicted of a felony you may not use, possess transport, sell or carry a firearm for either three or five years. 3 Years Except as provided in subsection (2), a
  10. Executive orders are directives written by the president to officials within the executive branch requiring them to take or stop some action related to policy or management. They are numbered, published in the Federal Register, and cite the authority by which the president is making the order.[1][2] April 2021 Executive Order on Worker Organizing and Empowerment (April 26, 2021)Executive Order on Blocking Property with Respect to Specified Harmful Foreign Activities of the Government of the Russian Federation (April 15, 2021)Executive Order on the Establishment of the Presidential Commi
  11. New Criminal Record Expungement Laws in Michigan went into effect on April 11, 2021. The eligibility to get records set aside varies and confuses many of those looking to get it done. The government has released many help programs but it might be wise to have a lawyer assist you. Criminal record set asides (sometimes referred to as “expungement”) can assist more people to have the opportunity to find jobs and affordable housing. A “clean slate” can help strengthen families, communities, and the chance to make a better life. A study​ found that those whose criminal records are set aside e
  12. MOUNT CLEMENS — Mount Clemens is one step closer to adopting a medical marijuana caregiver facility ordinance. At the April 5 Mount Clemens City Commission meeting, one item up for discussion was introducing and reading the ordinance, which was approved in a 4-2 vote. Its April 19 meeting, after press time, was set for when the ordinance adoption could happen. Commissioners Ron Campbell and Laura Fournier voted no. Commissioner Denise Mentzer was absent from the meeting. In November, the commission adopted a resolution establishing a moratorium on issuance of any permits, certifica
  13. The U.S. house just passed the The SAFE Banking Act (H.R.1996 — 117th Congress 2021-2022). The act would establish a safe space for financial institutions to engage in cannabis commerce. See the roll call and data of the vote here. The SAFE Banking Act is a first step in ensuring that state regulated markets can operate openly in the banking system. Still according to federal law these state markets are running a criminal enterprise as marijuana is still (as of 4/20/21) on the controlled substance list as a CS1. But the IRS still want it’s money anyway and reminded marijuana busines
  14. Qualified Immunity In the wake of unrest during 2020, questions have come to light with regard to how the existing qualified immunity law regulates the conduct of local police officers and political officials. Qualified immunity is a judicially created doctrine sheltering public officials performing discretionary functions from civil liability. The doctrine plays a role in the defense of civil rights lawsuits against federal law enforcement officials under the Bivens doctrine and against state and local police under 42 U.S.C. § 1983 (Section 1983). The doctrine is very favorable to
  15. Qualified immunity began in 1871 when Congress adopted 42 U.S.C. § 1983, which makes government employees and officials personally liable for money damages if they violate a person’s federal constitutional rights. State and local police officers may be sued under § 1983. Until the 1960s, few § 1983 lawsuits were successfully brought. In 1967, the Supreme Court recognized it as a defense to § 1983 claims. In 1982, the Supreme Court adopted the current test for the doctrine making it generally available if the law a government official violated isn’t “clearly established.” Qualified
  16. The Charge – OWI (Accident and 17 nanograms of THC) Set for Trial Thursday, March 18, 2021 at 8:00 am. We arrived at the Roscommon District Court House and were prepared for a 2-day jury trial. We had been preparing for weeks prior for this ongoing case from two years ago (March 2019) that the prosecutor insisted on pursuing. The Complaint The Complaint against our client was an alleged OWI Operating While Intoxicated/ Under the Influence or a Controlled Substance. As with all OWI cases, we would also need to defend the lesser included charges of (Operating While Impaired). ( lin
  17. Komorn Law is proud to report a significant and relevant case victory directly related to our recent Michigan Court of Appeals Opinion win in the People v. Thue case where as a registered medical marijuana patient cannot be penalized for consuming medical marihuana while on probation. The Client Issue Our client was charged with violating his probation for allegedly testing positive for “Marihuana” on 2 occasions. The allegations were based upon a urine test which both indicated the metabolite of Delta-9 THC, Carboxy -11/ COOH-11. Our client was certified as a medical marihuana pati
  18. Is it ? For the last 13 years of the Michigan Medical Marijuana Act (“MMMA”), patients on probation have asked that simple question. Relying on the simple plain language in the act that protects a medical marijuana patient from denial of any right or privilege (probation), as well as protection from penalty in ANY MANNER, as long as they followed the medical marijuana laws and rules. Until now, it was up to each individual courtroom to decide the patients fate. The judges, prosecutors, probation officers and drug testing labs decided which medicines a probationer could use. In some citi
  19. The Biden DOJ took the side of the IRS in the marijuana 280E tax arguement that state-legal cannabis businesses CAN be investigated by the IRS for probable violations of Section 280E of the tax code. It is believed to be one of the first times the U.S. Department of Justice under the new administration has filed an opinion in a marijuana court case. The Feb 2021 release of the filing was made by DOJ attorneys, led by acting Solicitor General Elizabeth Prelogar. “That is precisely the federal government’s position and has been for many years,” Thorburn said – an attorney representin
  20. On Oct. 12, Whitmer signed House Bills 4980-4985 and 5120 into law to expand and simplify the state’s criminal record expungement process. The bills will take effect April, 11, 2021. The new law will expand the number and types of convictions that qualify for expungement. Michigan is also working to establish a system to automatically expunge eligible felonies and misdemeanors after certain periods of time, but that still has some time before becoming active. What’s expungement? Expungement seals criminal convictions from the general public, including employers and landlor
  21. AP) — Judges can’t prevent people from using medical marijuana while on probation for a crime, the Michigan Court of Appeals said. Anyone holding a state-issued medical marijuana card is immune to possible penalties, the appeals court said, 3-0. The court, however, cautioned that the decision does not apply to the recreational use of marijuana, which was approved by voters in 2018. Michael Thue was barred from using medical marijuana while on probation for a year in a road rage incident in the Traverse City area. A District Court judge said the marijuana ban was the policy of Circu
  22. Registered patients previously barred from using medical marijuana while on probation may now light up, the state Court of Appeals ruled Thursday. “This opinion says the law is the law,” said Komorm, who represented the appellant in the case, “and we’re going to make the ruling that the Medical Marijuana Act and the card associated with the patient protect them from … penalty of any kind.” It’s taken 13 years, but Michigan courts are finally fully recognizing the rights instilled by the 2008 voter-passed Medical Marijuana Act, said Farmington Hills-based defense attorney. In Komorn
  23. Komorn Law Victory for Medical Marijuana Patients in Michigan Court of Appeals Medical marijuana patients have had their doctor recommended use of cannabis while on probation in limbo for a long time. Lead trial attorney and advocate for marijuana law reform Michael Komorn and his dedicated team of attorneys (specifically Ally McCormick) secured a victory in the Michigan Court of Appeals for Medical Marijuana Patients As many battles for marijuana patients, caregivers and business clients represented by the Komorn Law Firm loom in the background – a decision has been made to set
  24. Summary of this paper Our Machine-Learning algorithms scan the text for the most important phrases or passages. These highlights, alongside their respective section titles, are shown below. Introduction Saito et al. reported a validated gas chromatography-mass spectrometry (GC/MS) method with a LOQ of 0.4 ng THC/patch and found concentrations of 0.9 to 3.1 ng THC/patch in several 24-hour sweat patches from one cannabis user [20]. The expected disposition of THC in sweat from chronic cannabis users has not been reported.Go To Passage Subjects And Study Design Exact times of do
  25. Disclaimer: The information provided to you below is from a 3rd party and has not been fact checked or verified as true = ;) EXECUTIVE ORDERS – SUMMARIES Launching ‘100 Days Masking Challenge’, federal grounds mask mandate Trump reversal?: No Biden will ask the American people to do their part and mask up for 100 days to help reduce the spread of COVID-19. Biden will also issue an executive order by requiring masks and social distancing in all federal buildings by all federal employees and contractors. Resuming engagement with World Health Organization Trump rever
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