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  1. A message fro​m Chief Justice Bridget M. Mc​Cormack Welcome to the Michigan Supreme Court. My colleagues and I are privileged to serve the people of the state of Michigan. Our role in Michigan’s system of government demands that we interpret the law​ dispassionately, ensure that justice is available to everyone, remain responsive to the needs of our communities, and resolve disputes efficiently. We take these responsibilities seriously. To those ends, our work is guided by four fundamental principles. INDEPENDENCE. Unlike the executive and legislative branches, the ju
  2. Municipal reforms First a brief look at the history of medical marijuana and legalization thanks to Wikipedia Prior to statewide legalization, many cities in Michigan decriminalized cannabis or made enforcement of cannabis laws the lowest priority. Among the cities to enact such reforms were: Ann Arbor (1972), Kalamazoo (2012), Detroit (2012), Flint (2012), Grand Rapids (2012), Ypsilanti (2012), Ferndale (2013), Jackson (2013), Lansing (2013), Hazel Park (2014), Oak Park (2014), Berkley (2014), Huntington Woods (2014), Mount Pleasant (2014), Pleasant Ridge (2014), Port Huron (2014), Sag
  3. Occasionally at a law firm the weirdest laws are encountered during research. These are amongst many laws that are written so baffling and open ended that the narrative can be twisted anyway required to get a win by the prosecution. A well-seasoned attorney knows how to utilize this for better positioning to defend their client. So choosing your attorney will be one of the most important decisions in your defense case. Finding one that you can believe in requires research. Here are some laws still on the books in Michigan that have turned up during research. BLASPHEMY IS STILL ILLE
  4. In order to protect Michigan’s environment, marijuana growing and processing operations may be subject to Michigan Department of Environment, Great Lakes, and Energy (EGLE) regulations. The following is a summary of environmental regulations that apply to cannabis cultivation and processing. It is the responsibility of the licensee to comply with all applicable regulations. If you need assistance in understanding the environmental regulations or how to achieve compliance AIR Permit to Install (PTI) – Every stationary source of an air pollutant is required to obtain an approved PTI b
  5. UPDATE 12-4-20: The House endorsed a landmark retreat in the nation’s decades-long war on drugs Friday, voting to remove marijuana from the federal schedule of controlled substances and provide for the regulation and taxation of legal cannabis sales. The vote was 228-to-164 and marked the first time either chamber of Congress has voted on the issue of federally decriminalizing cannabis. The Dem controlled House of Representatives is set to vote on marijuana (cannabis) legalization at the federal level on 12/4/20. This the first time any chamber of Congress has addressed on the matter of ma
  6. U.N. Reclassifies Cannabis as a Less Dangerous Drug A United Nations commission voted to remove marijuana for medical use from a list of the most risky narcotics, such as heroin. A United Nations commission voted on Wednesday to remove cannabis for medicinal purposes from a category of the world’s most dangerous drugs, a highly anticipated and long-delayed decision that could clear the way for an expansion of marijuana research and medical use. The vote by the Commission for Narcotic Drugs, which is based in Vienna and includes 53 member states, considered a series of recommendati
  7. This Study was released in 2010 but has very good information. Abstract The prevalence of both alcohol and cannabis use and the high morbidity associated with motor vehicle crashes has lead to a plethora of research on the link between the two. Drunk drivers are involved in 25% of motor vehicle fatalities, and many accidents involve drivers who test positive for cannabis. Cannabis and alcohol acutely impair several driving-related skills in a dose-related fashion, but the effects of cannabis vary more between individuals than they do with alcohol because of tolerance, differences in smo
  8. November 18, 2020 – The Marijuana Regulatory Agency’s (MRA) social equity team will now accept applications for the social equity program online. On December 2, 2020 the social equity team will host an education and outreach session to demonstrate the online social equity program application process. The information for registering for the session may be found below. Starting A Cannabis Business Requires Guidance and Legal Support. Komorn Law has been focused on marijuana legalization for over 25 years and has been involved helping shape the regulations and laws of the new indu
  9. The Marijuana Regulatory Agency is advising marijuana businesses of common issues regarding retesting/testing status, labeling requirements, and strain specificity (mixing strains). Retesting/Testing Status The promulgation of the administrative rules on June 22, 2020 permits retesting and remediation of failed product. This allows licensees to maintain more product within the market and limits the need for product destruction. However, there has been some confusion regarding how Metrc tracks and records results for products that failed initial compliance testing. When a safety complian
  10. “She has committed a fraud upon the whole court system,” District Attorney Kirke Adams said of Brandy Murrah’s crime. “The worst part is for those who suffered because no one believed them — and she did not care.” A former lab owner in Alabama has been sentenced to 15 years in prison after being found guilty of falsifying the results of drug screenings, leading multiple families to lose custody of their children. A judge handed down the sentence to the former owner of A & J Lab Collection owner Brandy Murrah in court last week after prosecutors said she collected lab samples from i
  11. Recreational retail licenses are becoming increasingly important for medical sellers who will struggle to compete in light of a drop-off in medical marijuana cardholders, Buyers don’t necessarily need that card any more to buy their medicine. The Michigan Regulation and Taxation of Marijuana Act states local governments cannot ban medical and recreational retailers from co-locating, said Joslin Monahan, an attorney for Leoni Wellness LLC. Traverse City ordinances mean up to four existing medical marijuana sellers, or provisionally licensed ones, could get recreational retail licenses.
  12. A law that will stop police searches centered on the smell of marijuana will take effect in March 2021. Virginia Senate Bill 5029 states “no law-enforcement officer may lawfully stop, search, or seize any person, place, or thing solely on the basis of the odor of marijuana, and no evidence discovered or obtained as a result of such unlawful search or seizure shall be admissible in any trial, hearing, or other proceeding.” The bill does allow for searches in an airport or if the violation happens in a commercial motor vehicle. Read the entire bill here which contains more detailed i
  13. Six states had marijuana ballots that were voted on. 4 states are voted on adult-use (recreational) cannabis legalization and two states had medical marijuana ballots. Arizona, Montana, New Jersey, and South Dakota have legalized marijuana for adults 21 and older, as voters in each state approved their respective ballot initiatives at the ballot box. South Dakota also passed a medical marijuana initiative and became the first state in American history to enact both policies on the same day. Ballotpedia Below are links to in-depth details regarding the state, the ballot, the suppor
  14. OTTAWA COUNTY, Mich. – First uncovered by FOX 17, more on an alleged scandal in how state crime labs are testing and reporting marijuana, namely marijuana by-products with no visible plant matter, as felonies. We first brought you the case of an Ottawa County father, Max Lorincz, who was slapped with a felony after he refused to plead guilty to a misdemeanor marijuana possession charge, as he is a medical marijuana card-carrying patient. Now he faces the felony charge of synthetic Tetrahydrocannibinol (THC) possession. Lorincz lost custody of his 6-year-old son in part due to this
  15. Gov. Gretchen Whitmer signed legislation that will automatically clear certain criminal convictions from public view in Michigan while also making more people eligible for expungement through the application process. The changes are expected to help Michigan citizens by removing a barrier to employment, housing and other opportunities after people have rehabilitated themselves. Under the automatic record-clearing law Misdemeanors will be expunged seven years after sentencing. Felonies will be cleared 10 years after sentencing or the person’s release from incarceration, whichever c
  16. The Michigan Marijuana Regulatory Agency has issued and advisory that they will begin accepting applications from any applicant for Adult Recreational Use licensing in March 2021 instead of the November 2021 date. Get Prequalified and Licensed – The Time is Now! Call Our Office Komorn Law 248-357-2550 Michigan Marijuana Regulatory Agency Bulletin Licensure Eligibility Under the Michigan Regulation and Taxation of Marihuana Act (MRTMA) To minimize the illegal market for marijuana in this state, the Marijuana Regulatory Agency (MRA) will begin accepting appl
  17. End of Phase Out Process that was announced in March 2020 The phase out process for caregiver product ends on September 30, 2020. A licensee who accepts an external transfer after September 30, 2020 will be subject to disciplinary action by the MRA. MARIJUANA REGULATORY AGENCY RELEASE March 2, 2020 – Today, the Marijuana Regulatory Agency (MRA) announced a phase-out process for the transfer of marijuana and marijuana products into the regulated market from caregivers. The phase-out process begins immediately and ends on September 30, 2020 with a final termination of all externa
  18. Michigan residents with past criminal convictions could soon have more ways to clear their records or automatically get their records expunged after a period of time for certain offenses. “Clean Slate” legislation designed to simplify and expand expungement options for people who have gone several years without committing another offense passed the Michigan Senate with wide bipartisan support Wednesday. The main bills in the package passed the House last November and will be returned to the House for final approval of Senate changes – then goes to Gov. Gretchen Whitmer for consideration.
  19. Our client was charged with 5 year felony-carrying a concealed weapon. Here’s the law they were charged with… MCL750.227 Concealed weapons; carrying; penalty. Sec. 227. (1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any vehicle operated or occupied by the person, except in his or her dwelling house, place of business or on other land possessed by the p
  20. Introduced Senate Bill 1095 Definition of plants a marihuana microbusiness is allowed to grow Sponsor Jon Bumstead (district 34) Categories Marihuana: other; Marihuana: other; definition of plants a marihuana microbusiness is allowed to grow; modify. Amends sec. 3 of 2018 IL 1 (MCL 333.27953). Read The Proposed Bill Senate Bill 1095 PDF or Below SENATE BILL NO. 1095 September 10, 2020, Introduced by Senator BUMSTEAD and referred to the Committee on Regulatory Reform.A bill to amend 2018 IL 1, entitled “Michigan Regulation and Taxation of Marihuana Act,”
  21. Here are some links to news stories about various spotlight cases Komorn Law has been involved in over the years. There are many that can not be posted due to various reasons. Some we are still engaged in because Attorney Michael Komorn does not fold easily…Enjoy Cannabis advocates sue to remove marijuana from controlled substances list in MichiganCharges dropped against 6 in $1M marijuana raid in DetroitHow a sex toy put national spotlight on Michigan civil asset forfeiture laws targeted for reformMarijuana business owners say they’re being robbed by policeSuccessful Section 8 MMMA Defens
  22. The IRS has a web page for marijuana business owners to pay their taxes. But first… CCE in Michigan Marijuana is still a controlled substance schedule 1 in Michigan even though the people voted to legalize it. There is a reason for that some will learn soon enough. Anyhow… The State and the IRS have conspired and Joined the CCE to take their cut. A CCE in Michigan is a 20 year felony. If you’ve ever been threatened by a prosecutor for a CCE don’t be mad… it is what it is…right…? The times they are a changing…right? But wait there’s more… prosecutors have to throw rack
  23. NARCOTICS AND MARIHUANA. To amend the Internal Revenue Code of 1954 and the Narcotic Drugs Import and Export Act to provide for a more effective control of narcotic drugs and marihuana, and for other related purposes. … this Act may be cited as the “Narcotic Control Act of 1956.” Traffic in narcotics, barbiturates and amphetamines in the United States Sections A. NARCOTICS AND MARIHUANA B. BARBITURATES AND AMPHETAMINES Details Pages: 19 to 24 Creation Date: 1956/01/01 Traffic in narcotics, barbiturates and amphetamines in the United States In order to round off the pre
  24. The Boggs Act of 1952 amended the Narcotic Drugs Import and Export Act and set mandatory sentences for drug convictions. A first offense conviction for marijuana possession carried a minimum sentence of 2 to 10 years and a fine of up to $20,000. H.R. 3490 (82nd): An Act to amend the penalty provisions applicable to persons convicted of violating certain narcotic laws, and for other purposes Sponsor and status Introduced 82nd Congress (1951–1952)Status Enacted on Nov 2, 1951LawPub.L. 82-255Read Text » Last Updated: Nov 2, 1951Source GPO GovInfo – United States Statutes at LargeLaw Nu
  25. Social Equity Plans Pursuant to Rule 4 (16) of the Marijuana Licenses Rule Set (R 420.4(16)), an applicant seeking licensure under the Michigan Regulation and Taxation of Marijuana Act (MRTMA) shall provide a social equity plan detailing a plan to promote and encourage participation in the marijuana industry by people from communities that have been disproportionately impacted by marijuana prohibition and enforcement and to positively impact those communities. This bulletin is issued to provide applicants with guidance on what they should consider when developing and implementing the s
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