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  1. 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 comes last Up to two felonies and four misdemeanors can be automatically cleared.Not Eligible Not eligible for automatic expungement are assaultive crimes, serious misdemeanors, “crimes of dishonesty” (such as forgery and counterfeiting), offenses punishable by 10 or more years in prison and crimes that involve a minor, a vulnerable adult, injury or serious impairment, death or human trafficking. Assaultive crimes are defined as offenses such as assault, homicide, manslaughter, assaults against pregnant women, kidnapping, rape, armed robbery, terrorism, and violations involving bombs and explosives, according to the House Fiscal Agency. CRIMINAL RECORD EXPUNGEMENT FEEL LIKE YOU QUALIFY ? Contact Our Office For A Case Evaluation 248-357-2550 KomornLaw.com The legislation gives the state two years to implement the automatic expungement process. The remaining legislation in the seven-bill package will take effect in 180 days. The bills expand eligibility for expungement through the application process, which is handled by a judge. Most traffic offenses will be eligible for expungement. Crimes that aren’t eligible include: felonies that carry a maximum punishment of life in prison, attempt to commit a felony for which the maximum punishment is life, felony domestic violence (if the person had a previous domestic violence misdemeanor), child abuse, most criminal sexual conduct offenses, driving while intoxicated, and traffic offenses causing injury or death. There will be a streamlined process to set aside misdemeanor marijuana offenses (that would not have been considered crimes after recreational marijuana was legalized in Michigan. Judges will move to set aside convictions after 60 days of receiving an expungement application unless the prosecutor contests it. The evidentiary burden rests on the prosecutor. People aggrieved by a court’s ruling on an application for marijuana expungement can request a rehearing or file an appeal. So after you’re released and put on parole or long term probation you still have to wait years till that ends before you can applyThe waiting period to apply for expungement will range from three to seven years after a person’s monitoring by the criminal justice system ends, depending on the type of convictions. Up to three felony offenses and an unlimited number of misdemeanors can be expunged through the application process. These conditions apply: no more than two assaultive crimes can be expunged, and no more than one felony conviction for the same offense if the offense is punishable by more than 10 years imprisonment. Multiple felonies or misdemeanors arising from the same 24-hour period will be treated as one conviction for the purposes of expungement. None of the offenses can be assaultive, involve the use or possession of a dangerous weapon, or carry a maximum penalty of 10 or more years in prison. DON’T WAIT FOR NOTHING TO HAPPEN Want Your Record Expunged? …Then call our office. KOMORN LAW 248-357-2550 Recent Posts Gov. Whitmer signs legislation for criminal record expungement Marijuana Regulatory Agency to Issue Rec Licenses Early MRA Final Phase Out of Caregivers Begins Tomorrow. Michigan criminal record expungement House bill passes Senate Client charged with Carrying a Concealed Weapon Tags 2020 autism BMMR cannabis CBD corona virus corruption. prosecutors covid-19 DEA detroit dispensary DUI expungement forfeiture ginnifer hency hemp komorn komornlaw lara LARA ALERTS LARA Bulletin LARA FAQ Law law enforcement abuse laws legal Legalization marijuana medical Medical Marijuana Michigan MMFLA MMMA MMMA Regulations MRA news police politics Recreational Cannabis Remote science shattuck supreme court Traffic Stop Vote The post Gov. Whitmer signs legislation for criminal record expungement appeared first on Komorn Law. View the full article
  2. 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 applications from any applicant under the authority of Section 9(6) of the Michigan Regulation and Taxation of Marihuana Act (MRTMA) beginning on March 1, 2021. The MRA began accepting applications for licensure under the MRTMA on November 1, 2019. Eligibility for licensure under the act is restricted under Section 9(6) of the act for 24 months after the MRA began accepting applications as follows: for a class A marijuana grower or marijuana microbusiness, from persons who are residents of Michigan.for a marijuana retailer, marijuana processor, class B marijuana grower, class C marijuana grower, or marijuana secure transporter, from persons holding a state operating license pursuant to the Medical Marihuana Facilities Licensing Act (MMFLA).for a marijuana safety compliance facility, from any applicant. Pursuant to Section 9(6) of the MRTMA, one year after the MRA begins to accept applications for licensure under the MRTMA, the agency shall begin accepting applications from any applicant for licensure as a marijuana retailer, marijuana processor, class B marijuana grower, class C marijuana grower, or marijuana secure transporter if the MRA determines that additional state licenses are necessary to: minimize the illegal market for marijuana in this state, orefficiently meet the demand for marijuana, orprovide for reasonable access to marijuana in rural areas. Minimizing the Illegal Market for Marijuana in Michigan As the commercial marijuana market in the state grows, the impact of the illicit market remains a primary concern. Products from the illicit market are not grown or processed under the strict conditions required in the regulated market or tested by state licensed safety compliance facilities for harmful contaminants. Where the regulated market is not available to meet consumer demand, the illicit market stands ready to fill that void. According to data provided by the Michigan State Police – Marijuana Tobacco Investigation Section, 83% of the seizures of illicit marijuana plants and products occur in municipalities that do not have regulated marijuana establishments. In the past year, the city of Detroit has seen a 36% increase in narcotics-related homicides and a 214% increase in specifically marijuana-related non-fatal shootings. As municipalities throughout the state consider ordinances to allow marijuana establishments, the current eligibility restriction acts as a barrier to approaching local authorization in a way that is equitable. Greater municipal participation is a critical element in reducing the impact of the illicit market. Komorn Law Fighting for Legalization for Over 25 Years Choose the law firm that was there helping shape the new marijuana laws, advocated and fought for the rights of medical marijuana patients, caregivers and those charged with marijuana crimes. Start Your Cannabis Business Now Get Licensed 248-357-2550 Website Research Us MRA Releases Marihuana Licenses – MRTMA Eligibility Marihuana Licenses – Social Equity Plan Marihuana Licensees – Intellectual Property – Brands and Recipes Marihuana Licensees – Taxation of Adult-Use Marijuana Marihuana Operations – Clarification on Use of Term Dispensary Marihuana Operations – Designated Consumption Establishments Marihuana Operations – Equivalent License Transfer Marihuana Operations – Facility Reporting Requirements for Hazardous Materials Marihuana Operations – Important Health and Safety Reminders for Licensed Marihuana Businesses Marihuana Operations – Marijuana Sales Locations Delivery Procedures Marihuana Operations – Metrc System is Unavailable Marihuana Operations – Temporary Marijuana Events Marihuana Operations – THCA Crystals_Diamonds Marihuana Sampling and Testing – Testing Points Marihuana-Infused Products and Edible Marihuana Product – Edible Marijuana Products Marihuana-Infused Products and Edible Marihuana Product – Homogeneity Requirements for Processors Marihuana-Infused Products and Edible Marihuana Product – Processor Reminders Marijuana Operations under COVID-19 Executive Orders Marijuana Regulatory Agency Response to COVID-19 – 7-6-20 Take a look at the Michigan Medical Marijuana Association (MMMA), Google It – a nonprofit advocacy community with over 32,000 members discussing topics such as growing, legal issues and so much more. The MMMA which has been around for more than a decade and still advocates for the rights of medical marijuana patients and their caregivers. You can also visit their sister website MichiganMedicalMarijuana.com for more news and formal information. Recent Posts Marijuana Regulatory Agency to Issue Rec Licenses Early MRA Final Phase Out of Caregivers Begins Tomorrow. Michigan criminal record expungement House bill passes Senate Client charged with Carrying a Concealed Weapon Senate Bill 1095 (2020) Marijuana Microbusiness The post Marijuana Regulatory Agency to Issue Rec Licenses Early appeared first on Komorn Law. View the full article
  3. 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 external marijuana transfers. During the ongoing transition to a regulated market, the MRA has been committed to maintaining patient access to medical marijuana by allowing certain licensed facilities to continue to source product from caregivers without it resulting in disciplinary action against their licenses. Now, nearly 200 grower licenses and more than 25 processor licenses have been issued in the medical marijuana market. As more licenses have been issued and more plants grown and processed, the marijuana product produced by licensed facilities has resulted in an increase in the supply of medical marijuana to patients. “We have always put patients first when we make decisions regarding medical marijuana,” said MRA Executive Director Andrew Brisbo. “This phase out process is an important next step in implementing the will of Michigan voters and making sure that patients continue to have access to their medicine.” Licensed businesses will have nearly seven months to make the necessary plans to continue to maintain a sufficient supply of medical marijuana in Michigan. During this time, the MRA will work closely with licensees to build relationships and provide outreach and assistance during this transition period. Phase One – Growers and Processors The MRA gave notice in December, that – beginning on March 1, 2020 – growers and processors who obtain marijuana plants, concentrates, vape cartridges, or infused products from caregivers would be subject to disciplinary action. Phase One of the phase-out process begins immediately and runs through May 31, 2020. During phase one, growers and processors licensed under the MMFLA who obtain marijuana flower – defined as bud, shake, and trim only – directly from a caregiver who produced the flower will not be subject to disciplinary action by the MRA under certain conditions. Phase Two – Growers Phase two begins on June 1, 2020 and ends on September 30, 2020. During phase two, growers licensed under the MMFLA who obtain marijuana flower – defined as bud, shake, and trim only – directly from a caregiver who produced the flower will not be subject to disciplinary action by the MRA under certain conditions. During phase two, the total weight of marijuana flower that growers obtain from caregivers must be less than or equal to the total weight of marijuana flower that the licensee harvested (both wet and dry) between March 1, 2020 and May 31, 2020 plus the projected harvest weight (dry) of all plants that are in the flowering process on May 31, 2020. Phase Two – Processors Phase two begins on June 1, 2020 and ends on September 30, 2020. During phase two, processors licensed under the MMFLA who obtain marijuana flower – defined as bud, shake, and trim only – directly from a caregiver who produced the flower will not be subject to disciplinary action by the MRA under certain conditions. During phase two, the total weight of marijuana flower that processors obtain from caregivers must be less than or equal to 50% of the total weight of marijuana flower the licensee obtained from caregivers between the dates of March 1, 2020 and May 31, 2020. The marijuana flower obtained from caregivers must be processed and may not be sold or transferred as marijuana flower. End of Phase Out Process 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. MRA RELEASE The post MRA Final Phase Out of Caregivers Begins Tomorrow. appeared first on Komorn Law. View the full article
  4. 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. …. It goes back to the house then to Governor Whitmer to think about Gay-Dagnogo on Good Moral Character Reform Package LANSING, Mich., Sept. 10, 2020 —Today, the House passed the bipartisan ‘Good Moral Character’ reform package, which would collectively remove barriers for individuals with past criminal convictions when seeking professional certifications. State Rep. Sherry Gay-Dagnogo (D-Detroit), sponsor of House Bill 4492 in the package to update the Michigan Occupational Code, released the following statement in response: “I am pleased that my colleagues in the House were willing to give thousands of Michiganders a second chance at life. Making mistakes is a part of the human experience, we all do it. And we all deserve a chance to positively move forward and build a successful future. This bill package creates an opportunity for them to do that. As we continue to navigate through this pandemic and imagine what things will be like on the other side, we must do everything we can to ensure those who are willing and able to serve their communities don’t have unreasonable barriers in their way.”September 10, 2020 Watch It – House Session September 24 @ 12:00 pm House Bill 4985 (2019) Sponsors Sherry Gay-Dagnogo (district 8) Michael Webber, Yousef Rabhi, Joseph Bellino, Graham Filler, Jason Wentworth, Jack O’Malley, Terry Sabo, Eric Leutheuser, Kevin Hertel, Cynthia Johnson, Kevin Coleman, Tenisha Yancey, Karen Whitsett, Ronnie Peterson, Brenda Carter, John Cherry, Mari Manoogian, William Sowerby, Alex Garza, Larry Inman, Pauline Wendzel, Tyrone Carter, Matt Koleszar, Jason Sheppard, Douglas Wozniak, Kyra Harris Bolden, Bronna Kahle, Daire Rendon, LaTanya Garrett, Joseph Tate, Sara Cambensy, Kathy Crawford, Robert Wittenberg, Jewell Jones, Bradley Slagh, Sarah Anthony, Darrin Camilleri, Vanessa Guerra, Luke Meerman, Padma Kuppa, Julie Brixie, Rachel Hood, Jim Lilly, Laurie Pohutsky, John Reilly, Isaac Robinson, Ryan Berman (click name to see bills sponsored by that person) Categories Criminal procedure: records; Criminal procedure: expunction; Criminal procedure: records; expungement of multiple felonies arising out of the same criminal transaction; allow under certain circumstances. Amends sec. 1 of 1965 PA 213 (MCL 780.621). TIE BAR WITH: HB 5120’19, HB 4983’19, HB 4982’19, HB 4984’19, HB 4981’19, HB 4980’19 Bill Documents Bill Document Formatting Information[x] The following bill formatting applies to the 2019-2020 session: – New language in an amendatory bill will be shown in BOLD AND UPPERCASE. – Language to be removed will be stricken. – Amendments made by the House will be blue with square brackets, such as: [House amended text]. – Amendments made by the Senate will be red with double greater/lesser than symbols, such as: <<Senate amended text>>.(gray icons indicate that the action did not occur or that the document is not available) Documents PDFHouse Introduced Bill Introduced bills appear as they were introduced and reflect no subsequent amendments or changes. PDFAs Passed by the House As Passed by the House is the bill, as introduced, that includes any adopted House amendments. PDFAs Passed by the Senate As Passed by the Senate is the bill, as received from the House, that includes any adopted Senate amendments. PDFHouse Enrolled Bill Enrolled bill is the version passed in identical form by both houses of the Legislature.Bill AnalysisHouse Fiscal Agency Analysis PDFRevised Summary As Introduced (10/1/2019) This document analyzes: HB4980, HB4981, HB4982, HB4983, HB4984, HB4985 PDFSummary as Reported From Committee (11/5/2019) This document analyzes: HB4980, HB4981, HB4982, HB4983, HB4984, HB4985, HB5120Senate Fiscal Analysis PDFSUMMARY OF HOUSE-PASSED BILL IN COMMITTEE (Date Completed: 6-10-20) This document analyzes: HB4980, HB4981, HB4982, HB4983, HB4984, HB4985, HB5120 PDFSUMMARY OF BILL REPORTED FROM COMMITTEE (Date Completed: 7-15-20) This document analyzes: HB4980, HB4981, HB4982, HB4983, HB4984, HB4985, HB5120History (House actions in lowercase, Senate actions in UPPERCASE) Date JournalAction9/17/2019HJ 86 Pg. 1202introduced by Representative Sherry Gay-Dagnogo9/17/2019HJ 86 Pg. 1202read a first time9/17/2019HJ 86 Pg. 1202referred to Committee on Judiciary9/18/2019HJ 87 Pg. 1218bill electronically reproduced 09/18/201910/29/2019HJ 102 Pg. 1835reported with recommendation with substitute (H-1)10/29/2019HJ 102 Pg. 1835referred to second reading11/5/2019HJ 105 Pg. 1885read a second time11/5/2019HJ 105 Pg. 1885substitute (H-1) adopted11/5/2019HJ 105 Pg. 1885placed on third reading11/5/2019HJ 105 Pg. 1885placed on immediate passage11/5/2019HJ 105 Pg. 1894read a third time11/5/2019HJ 105 Pg. 1894passed; given immediate effect Roll Call # 310 Yeas 98 Nays 10 Excused 0 Not Voting 211/5/2019HJ 105 Pg. 1895title amended11/5/2019HJ 105 Pg. 1895transmitted11/7/2019SJ 107 Pg. 1621REFERRED TO COMMITTEE ON JUDICIARY AND PUBLIC SAFETY7/22/2020SJ 59 Pg. 1235REPORTED FAVORABLY WITH SUBSTITUTE (S-2)7/22/2020SJ 59 Pg. 1235COMMITTEE RECOMMENDED IMMEDIATE EFFECT7/22/2020SJ 59 Pg. 1235REFERRED TO COMMITTEE OF THE WHOLE WITH SUBSTITUTE (S-2)9/23/2020Expected in SJ 73REPORTED BY COMMITTEE OF THE WHOLE FAVORABLY WITH SUBSTITUTE (S-2)9/23/2020Expected in SJ 73SUBSTITUTE (S-2) CONCURRED IN9/23/2020Expected in SJ 73PLACED ON ORDER OF THIRD READING WITH SUBSTITUTE (S-2)9/23/2020Expected in SJ 73RULES SUSPENDED9/23/2020Expected in SJ 73PLACED ON IMMEDIATE PASSAGE9/23/2020Expected in SJ 73PASSED; GIVEN IMMEDIATE EFFECT ROLL CALL # 337 YEAS 33 NAYS 4 EXCUSED 1 NOT VOTING 09/24/2020Expected in HJ 75returned from Senate with substitute (S-2) with immediate effect9/24/2020Expected in HJ 75laid over one day under the rulesLink to House Bill 4985 (2019) page Komorn Law Social Media Recent Posts Michigan criminal record expungement House bill passes Senate Client charged with Carrying a Concealed Weapon Senate Bill 1095 (2020) Marijuana Microbusiness Komorn Law in the News The IRS is Ready to Take Your Marijuana Money Tag Cloud 2020 autism BMMR cannabis CBD corona virus corruption. prosecutors covid-19 DEA detroit dispensary DUI expungement forfeiture ginnifer hency hemp komorn komornlaw lara LARA ALERTS LARA Bulletin LARA FAQ Law law enforcement abuse laws legal Legalization marijuana medical Medical Marijuana Michigan MMFLA MMMA MMMA Regulations MRA news police politics Recreational Cannabis Remote science shattuck supreme court Traffic Stop Vote DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney. The post Michigan criminal record expungement House bill passes Senate appeared first on Komorn Law. View the full article
  5. 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 person. (2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license. (3) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or by a fine of not more than $2,500.00. Case Victory Komorn Law PLLC, is proud to announce another victory and rare outcome in the broken criminal justice system. Case Background The allegations in this matter, arose out of a traffic stop by the Sherriff’s Department. It was not a surprise that the case had several issues related to the stop, arrest and seizure of both the accused and the evidence intended to be used at trial. After raising these issues, and being prepared to proceed with a hearing to address these issues, the state capitulated – or – said another way, they made an offer that we couldn’t refuse. Important Legal Lesson For Gun Owners This case represents an important legal lesson for second amendment possessors and advocates. If you possess a firearm and while transporting it in your vehicle are involved in a traffic stop by the police. You can be assured that the manner or method of that transport will be heavily scrutinized (see below for Michigan firearm transport in vehicle laws). My client had expressed to me his top priorities for the outcome of this matter, and on that list was his right to preserve his right to possess and own a firearm ( in addition to avoidance of a felony conviction, jail, or similar encumbrances) . This was based upon concerns for safety at or upon his residence. The final result and outcome in this matter allowed him to achieve this goal and move on with his life without affecting his future while retaining all of his fundamental rights. Case Outcome Client was charged with 5 year felony-Carrying a Concealed Weapon. Client resolved matter by pleading to a reduced charge of an unregistered vehicle and sentenced to a fine. Any and all second amendment rights, including ccw / pistol permit retained and unaffected by this disposition. Mission Accomplished! Tap the number for an Attorney to fight for your freedom and your life > 248-357-2550 – Komorn Law GUN LAWS in MICHIGAN As with any law or anything you find on the internet, before you act, one should get their information directly from a government website and/or consult an attorney. Michigan’s Gun Laws Licenses are issued at the local level by county clerks. A permit to purchase, a background check and firearms registration are required to buy a handgun from a private individual. Open carry is legal in Michigan with several restrictions. Open carry is allowed in more places than concealed carry as the restricted areas which can be found in MCL 28.425o apply to concealed carry. 28.425o Premises on which carrying concealed weapon or portable device that uses electro-muscular disruption technology prohibited; “premises” defined; exceptions to subsections (1) and (2); violation; penalties. Concealed carry is legal in Michigan with a Concealed Pistol License (CPL) and for individuals at least 21 years old who have CCW licenses/permits issued with successful completion of a firearms training. A Concealed Pistol License (CPL) is issued to residents only, with exceptions for active duty military stationed in Michigan as well as active duty military stationed outside of Michigan. Each state in the USA has reciprocity laws. Michigan currently recognizes resident permits from all states, the District of Columbia and Puerto Rico (Note: Before traveling check each states laws for any changes or updates from an official state website). Michigan is a Castle Doctrine (see Self Defense Act 780.972 below) state. A person may use deadly force, with no duty to retreat, if the individual has an honest and reasonable belief that such force is necessary to prevent the imminent death, great bodily harm or sexual assault to that person or to another individual. Any person who uses a gun legitimately in self-defense has immunity from civil liability. The Law for a Common Question About Transporting a Firearm in Michigan Transporting or possessing firearm in or upon motor vehicle 750.227d Transporting or possessing firearm in or upon motor vehicle or self-propelled vehicle designed for land travel; violation as misdemeanor; penalty. Sec. 227d. (1) Except as otherwise permitted by law, a person shall not transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel either of the following: (a) A firearm, other than a pistol, unless the firearm is unloaded and is 1 or more of the following: (i) Taken down. (ii) Enclosed in a case. (iii) Carried in the trunk of the vehicle. (iv) Inaccessible from the interior of the vehicle. (b) A pneumatic gun that expels a metallic BB or metallic pellet greater than .177 caliber unless the pneumatic gun is unloaded and is 1 or more of the following: (i) Taken down. (ii) Enclosed in a case. (iii) Carried in the trunk of the vehicle. (iv) Inaccessible from the interior of the vehicle. (2) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both. THE LINKS to SECTIONS of CHAPTER 750 THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931 Chapter XXXVII FIREARMS DocumentTypeDescriptionSection 750.222SectionDefinitions.Section 750.222aSection“Double-edged, nonfolding stabbing instrument” defined.Section 750.223SectionSelling firearms and ammunition; violations; penalties; “licensed dealer” defined.Section 750.224SectionWeapons; manufacture, sale, or possession as felony; violation as felony; penalty; exceptions; “muffler” or “silencer” defined.Section 750.224aSectionPortable device or weapon directing electrical current, impulse, wave, or beam; sale or possession prohibited; exceptions; use of electro-muscular disruption technology; violation; penalty; verification of identity and possession of license; prohibited use; definitions.Section 750.224bSectionShort-barreled shotgun or rifle; making, manufacturing, transferring, or possessing as felony; penalty; exceptions; short-barreled shotgun or rifle 26 inches or less; short-barreled shotgun or rifle greater than 26 inches; violation of subsection (5) as civil infraction; seizure and forfeiture; applicability of MCL 776.20 to subsection (3).Section 750.224cSectionArmor piercing ammunition; manufacture, distribution, sale, or use prohibited; exceptions; violation as felony; penalty; definitions; exemption of projectile or projectile core; rule.Section 750.224dSectionSelf-defense spray or foam device.Section 750.224eSectionConversion of semiautomatic firearm to fully automatic firearm; prohibited acts; penalty; applicability; “fully automatic firearm”, “licensed collector”, and “semiautomatic firearm” defined.Section 750.224fSectionPossession of firearm or distribution of ammunition by person convicted of felony; circumstances; penalty; applicability of section to expunged or set aside conviction; definitions.Section 750.225SectionRepealed. 1993, Act 254, Imd. Eff. Nov. 29, 1993.Section 750.226SectionFirearm or dangerous or deadly weapon or instrument; carrying with unlawful intent; violation as felony; penalty.Section 750.226aSectionRepealed. 2017, Act 96, Eff. Oct. 11, 2017.Section 750.227SectionConcealed weapons; carrying; penalty.Section 750.227aSectionPistols; unlawful possession by licensee.Section 750.227bSectionCarrying or possessing firearm when committing or attempting to commit felony; carrying or possessing pneumatic gun; exception; “law enforcement officer” defined.Section 750.227cSectionTransporting or possessing loaded firearm in or upon vehicle propelled by mechanical means; violation as misdemeanor; penalty.Section 750.227dSectionTransporting or possessing firearm in or upon motor vehicle or self-propelled vehicle designed for land travel; violation as misdemeanor; penalty.Section 750.227fSectionCommitting or attempting to commit crime involving violent act or threat of violent act against another person while wearing body armor as felony; penalty; consecutive term of imprisonment; exception; definitions.Section 750.227gSectionBody armor; purchase, ownership, possession, or use by convicted felon; prohibition; issuance of written permission; violation as felony; definitions.Section 750.228SectionOwnership of pistol greater than 26 inches in length; conditions; election to have firearm not considered as pistol.Section 750.229SectionPistols accepted in pawn, by second-hand dealer or junk dealer.Section 750.230SectionFirearms; altering, removing, or obliterating marks of identity; presumption.Section 750.231SectionMCL 750.224, 750.224a, 750.224b, 750.224d, 750.227, 750.227c, and 750.227d inapplicable to certain persons and organizations.Section 750.231aSectionExceptions to MCL 750.227(2); “antique firearm” defined.Section 750.231bSectionSale and safety inspection; persons exempt.Section 750.231cSection“Aircraft,” “approved signaling device,” and “vessel” defined; sections inapplicable to approved signaling device; sale, purchase, possession, or use of approved signaling device; violation as misdemeanor; penalties.Section 750.232SectionRepealed. 2017, Act 95, Eff. Oct. 11, 2017.Section 750.232aSectionObtaining pistol in violation of MCL 28.422; intentionally making material false statement on application for license to purchase pistol; using or attempting to use false identification or identification of another person to purchase firearm; penalties.Section 750.233SectionPointing or aiming firearm at another person; misdemeanor; penalty; exception; “peace officer defined.”Section 750.234SectionFirearm; discharge; intentionally aimed without malice; misdemeanor; penalty; exception; “peace officer” defined.Section 750.234aSectionIntentionally discharging firearm from motor vehicle, snowmobile, or off-road vehicle as crime; penalty; exceptions; other violation; consecutive terms; self-defense; “peace officer” defined.Section 750.234bSectionIntentionally discharging firearm at dwelling or potentially occupied structure as felony; penalty; exceptions; other violation; consecutive terms; definitions.Section 750.234cSectionIntentionally discharging firearm at emergency or law enforcement vehicle as felony; penalty; “emergency or law enforcement vehicle” defined.Section 750.234dSectionPossession of firearm on certain premises prohibited; applicability; violation as misdemeanor; penalty.Section 750.234eSectionBrandishing firearm in public; applicability; violation as misdemeanor; penalty.Section 750.234fSectionPossession of firearm by person less than 18 years of age; exceptions; violation as misdemeanor; penalty.Section 750.235SectionMaiming or injuring person by discharging firearm; intentionally aimed without malice; exception; “peace officer” defined.Section 750.235aSectionParent of minor guilty of misdemeanor; conditions; penalty; defense; definitions.Section 750.235bSectionThreatening to commit violence with firearm, explosive, or other dangerous weapon against students or employees on school property; specific intent or overt act; violation arising out of same transaction; definitions.Section 750.236SectionSpring gun, trap or device; setting.Section 750.236aSectionComputer-assisted shooting; prohibited acts; definitions.Section 750.236bSectionComputer-assisted shooting; prohibited conduct; definitions.Section 750.236cSectionViolation of MCL 750.236a or 750.236b; penalty; forfeiture.Section 750.237SectionLiquor or controlled substance; possession or use of firearm by person under influence; violation; penalty; chemical analysis.Section 750.237aSectionIndividual engaging in proscribed conduct in weapon free school zone; violation; penalties; definitions.Section 750.238SectionSearch warrant.Section 750.239SectionForfeiture of weapons; disposal; immunity from civil liability.Section 750.239aSectionDisposition of seized weapon; immunity from civil liability; “law enforcement agency” defined. Act 372 of 1927 AN ACT to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act. History: 1927, Act 372, Eff. Sept. 5, 1927 ;– Am. 1929, Act 206, Imd. Eff. May 20, 1929 ;– Am. 1931, Act 333, Imd. Eff. June 16, 1931 ;– Am. 1980, Act 345, Eff. Mar. 31, 1981 ;– Am. 1990, Act 320, Eff. Mar. 28, 1991 ;– Am. 2000, Act 265, Imd. Eff. June 29, 2000 ;– Am. 2000, Act 381, Eff. July 1, 2001 ;– Am. 2012, Act 123, Eff. Aug. 6, 2012 Popular Name: CCW Popular Name: Concealed Weapons Popular Name: CPL Popular Name: Right to Carry Popular Name: Shall Issue © 2020 Legislative Council, State of Michigan The People of the State of Michigan enact: DocumentTypeDescriptionSection 28.421SectionDefinitions; lawful owning, possessing, carrying, or transporting of pistol greater than 26 inches in length; conditions; firearm not considered as pistol; election.Section 28.421aSectionConcealed pistol licenses; issuance; creation of standardized system.Section 28.421bSectionFirearms records; confidentiality; disclosure prohibited; exceptions; violation as civil infraction; fine.Section 28.422SectionLicense to purchase, carry, possess, or transport pistol; issuance; qualifications; applications; sale of pistol; exemptions; transfer of ownership to heir or devisee; nonresident; active duty status; forging application as felony; implementation during business hours.Section 28.422aSectionIndividuals not required to obtain license; completion of record by seller; duties of purchaser; noncompliance as state civil infraction; penalty; entering information into pistol entry database; obtaining copy of information; exemption; material false statement as felony; penalty; rules; verification; definitions.Section 28.422bSectionEntry of order or disposition into law enforcement information network; written notice; person subject of order; request to amend inaccuracy; notice of grant or denial of request; hearing; entry of personal protection order; service required.Section 28.423SectionRepealed. 2000, Act 381, Eff. July 1, 2001.Section 28.424SectionRestoration of rights by circuit court; petition; fee; determination; order; circumstances.Section 28.425SectionConcealed pistol application kits.Section 28.425aSectionValidity and duration of concealed pistol license issued before December 1, 2015; duties of county clerk; verification by state police; applicant issued personal protection order; emergency license; requirements; notice of statutory disqualification; surrender of emergency license; compilation of firearms laws by legislative service bureau; distribution; statement.Section 28.425bSectionLicense application; form; contents; material false statement as felony; record; fee; verification of requirements; determination; circumstances for issuance; information of court order or conviction; fingerprints; issuance or denial; individual moving to different county; replacement license; suspension or revocation of license; furnishing copy of application to individual; list of certified instructors; delivery of license by first-class mail; liability for civil damages; voluntary surrender of license; definitions.Section 28.425cSectionLicense; form; contents; authorized conduct; photograph.Section 28.425dSectionDenial or failure to issue notice of statutory disqualification, receipt, or license; appeal.Section 28.425eSectionDatabase; annual report.Section 28.425fSectionConcealed pistol license; possession; disclosure to peace officer; violation; fine; notice to department; suspension or revocation by county clerk; entry into law enforcement information network; seizure by peace officer; forfeiture; “peace officer” defined.Section 28.425gSectionPistol or portable device that uses electro-muscular disruption technology; subject to seizure and forfeiture; exception.Section 28.425hSectionExpiration of license issued under former law; renewal license.Section 28.425iSectionInstruction or training; liability.Section 28.425jSectionPistol training or safety program; conditions; prohibited conduct; violation of subsection (3) as felony; certificate of completion.Section 28.425kSectionAcceptance of license as implied consent to submit to chemical analysis of breath, blood, or urine; collection and testing; refusal to take chemical test; definitions.Section 28.425lSectionLicense; validity; duration; renewal; waiver of educational requirements; fingerprints.Section 28.425mSectionRepealed. 2015, Act 3, Eff. June 2, 2015.Section 28.425nSectionOther license or permit; limitations by employer prohibited.Section 28.425oSectionPremises on which carrying concealed weapon or portable device that uses electro-muscular disruption technology prohibited; “premises” defined; exceptions to subsections (1) and (2); violation; penalties.Section 28.425vSectionConcealed weapon enforcement fund; creation; disposition of funds; lapse; expenditures.Section 28.425wSectionAppropriation; amount; purpose; total state spending; appropriations and expenditures subject to MCL 18.1101 to 18.1594.Section 28.425xSectionConcealed pistol licensing fund.Section 28.426SectionIssuance of license; conditions.Section 28.426aSectionRepealed. 2015, Act 3, Eff. June 2, 2015.Section 28.427SectionConcealed weapons licenses; expiration.Section 28.428SectionSuspension, revocation, or reinstatement of license; notice; surrender of license; order or amended order; entry into law enforcement information network; effect of suspension or revocation order; failure to receive notice.Section 28.429SectionRepealed. 2008, Act 195, Eff. Jan. 7, 2009.Section 28.429aSectionRepealed. 2012, Act 377, Imd. Eff. Dec. 18, 2012.Section 28.429bSectionRepealed. 2012, Act 377, Imd. Eff. Dec. 18, 2012.Section 28.429cSectionRepealed. 2012, Act 377, Imd. Eff. Dec. 18, 2012.Section 28.429dSectionRepealed. 2000, Act 381, Eff. July 1, 2001.Section 28.430SectionTheft of firearm; report required; failure to report theft as civil violation; penalty.Section 28.431SectionRepealed. 2012, Act 377, Imd. Eff. Dec. 18, 2012.Section 28.432SectionInapplicability of MCL 28.422; amendatory act as “Janet Kukuk act”.Section 28.432aSectionExceptions.Section 28.432bSectionSignaling devices to which MCL 28.422 inapplicable.Section 28.432cSectionRepealed. 2000, Act 381, Eff. July 1, 2001.Section 28.433SectionUnlawful possession of weapon; complaint, search warrant, seizure.Section 28.434SectionUnlawful possession; weapon forfeited to state; disposal; immunity.Section 28.434aSectionDisposition of firearm; immunity from civil liability; “law enforcement agency” defined.Section 28.435SectionSale of firearms by federally licensed firearms dealer; sale of trigger lock or secured container; exceptions; brochure or pamphlet; statement of compliance; notice of liability; action by political subdivision against firearm or ammunition producer prohibited; rights of state attorney general; exceptions; effect of subsections (9) through (11); violation; penalties; definitions.750.246 Mutilation. Sec. 246. Mutilation of flag, etc.—Any person who shall publicly mutilate, deface, defile, defy, trample upon or by word or act cast contempt upon any such flag, standard, color, ensign, coat-of-arms or shield, is guilty of a misdemeanor. Komorn Law Social Media Recent Posts Client charged with Carrying a Concealed Weapon Senate Bill 1095 (2020) Marijuana Microbusiness Komorn Law in the News The IRS is Ready to Take Your Marijuana Money The Narcotic Control Act of 1956 Tag Cloud 2020 autism BMMR cannabis CBD corona virus corruption. prosecutors covid-19 DEA detroit dispensary DUI expungement forfeiture ginnifer hency hemp komorn komornlaw lara LARA ALERTS LARA Bulletin LARA FAQ Law law enforcement abuse laws legal Legalization marijuana medical Medical Marijuana Michigan MMFLA MMMA MMMA Regulations MRA news police politics Recreational Cannabis Remote science shattuck supreme court Traffic Stop Vote DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney. The post Client charged with Carrying a Concealed Weapon appeared first on Komorn Law. View the full article
  6. 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,” by amending section 3 (MCL 333.27953). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 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) “Flowering marihuana plant” means a male or female marihuana plant that has visible calices, stigma, or pre-flowers located at the node of a stem or branch. (d) (c) “Industrial hemp” means a plant of the genus cannabis Cannabis and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed of 0.3% or less on a dry-weight basis , or per volume or weight of marihuana-infused product, or for which the combined percent percentage of delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant, of the genus cannabis regardless of moisture content, is 0.3% or less. (e) (d) “Licensee” means a person holding a state license. (f) (e) “Marihuana” means all parts of the marihuana 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 Marihuana does not include any of the following: (i) (1) the The mature stalks of the plant, fiber produced from the mature stalks, oil or cake made from the seeds of the plant, or 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; (ii) (2) industrial Industrial hemp. ; or (iii) (3) any Any other ingredient combined with marihuana to prepare topical or oral administrations, food, drink, or other products. (g) (f) “Marihuana accessories” means any equipment, product, material, or combination of equipment, products, or materials , which that 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. (h) (g) “Marihuana concentrate” means the resin extracted from any part of the plant of the genus cannabis.Cannabis. (i) (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.marijuana regulatory agency. (j) (i) “Marihuana grower” means a person licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments. (k) (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. (l) (k) “Marihuana microbusiness” means a person licensed to cultivate not more than 150 flowering 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. (m) (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. (n) (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 or individuals who are 21 years of age or older. (o) (n) “Marihuana secure transporter” means a person licensed to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments. (p) (o) “Marihuana safety compliance facility” means a person licensed to test marihuana, including certification for potency and the presence of contaminants. (q) “Marijuana regulatory agency” means the marijuana regulatory agency created under Executive Reorganization Order No. 2019-2, MCL 333.27001. (r) (p) “Municipal license” means a license issued by a municipality pursuant to under section 16 of this act that allows a person to operate a marihuana establishment in that municipality. (s) (q) “Municipality” means a city, village, or township. (t) (r) “Person” means an individual, corporation, limited liability company, partnership of any type, trust, or other legal entity. (u) (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. (v) (t) “State license” means a license issued by the department marijuana regulatory agency that allows a person to operate a marihuana establishment. (w) (u) “Unreasonably impracticable” means that the measures necessary to comply with the rules or ordinances adopted pursuant to under 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. The post Senate Bill 1095 (2020) Marijuana Microbusiness appeared first on Komorn Law. View the full article
  7. 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 Defense of 113 marijuana plants and 7 pounds of marijuana in Oakland County.Federal class action lawsuit filed against MSP crime labs over marijuana reporting policySupreme Court Enters Dispute Over Medical Pot ShopsAttorney: Drug task force ‘overly aggressive’ on marijuanaCharges dismissed after marijuana evidence destroyedCannabis Business in Michigan If you are interested in opening a cannabis business in Michigan you will need an attorney. Selecting a law firm is important and choosing one who has been fighting for medical marijuana patients and caregivers, adult recreational use and the legal rights of their clients for over 25 years is one of the first steps in achieving your goal in becoming a cannabis entrepreneur. Selecting an attorney who you are comfortable with and can develop a relationship with is extremely important. Search the internet and research our law firm and see how involved we are in the marijuana community. To learn more contact the office 248-357-2550 or do some research on the website Komorn Law. Michigan Marijuana Acts and Laws Although Michigan voters have legalized Marijuana it still remains on the controlled substance list schedule 1 and is federally illegal (Current Sept 16, 2020) There are 3 main arms of the Michigan Marijuana Regulatory Agency Medical Marijuana Program (MMP)Medical Marijuana Facilities Licensing (MMFLA) Adult Use Marijuana (MRTMA) Komorn Law Social Media Recent Posts Komorn Law in the News The IRS is Ready to Take Your Marijuana Money The Narcotic Control Act of 1956 Boggs Act of 1952 Why Is Marijuana Illegal? Tag Cloud 2020 autism BMMR cannabis CBD corona virus corruption. prosecutors covid-19 DEA detroit dispensary DUI expungement forfeiture ginnifer hency hemp komorn komornlaw lara LARA ALERTS LARA Bulletin LARA FAQ Law law enforcement abuse laws legal Legalization marijuana medical Medical Marijuana Michigan MMFLA MMMA MMMA Regulations MRA news police politics Recreational Cannabis Remote science shattuck supreme court Traffic Stop Vote DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney. The post Komorn Law in the News appeared first on Komorn Law. View the full article
  8. 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 racketeering and conspiracy on there too as well as whatever else they can throw against the wall to see what sticks…and you… well you have to defend yourself and the more charges the more you have to pay to defend yourself. It’s a war of attrition and the prosecutors have unlimited funds. Here’s one of The Law In Michigan 750.159i Prohibited conduct. Sec. 159i. (1) A person employed by, or associated with, an enterprise shall not knowingly conduct or participate in the affairs of the enterprise directly or indirectly through a pattern of racketeering activity. (2) A person shall not knowingly acquire or maintain an interest in or control of an enterprise or real or personal property used or intended for use in the operation of an enterprise, directly or indirectly, through a pattern of racketeering activity. (3) A person who has knowingly received any proceeds derived directly or indirectly from a pattern of racketeering activity shall not directly or indirectly use or invest any part of those proceeds, or any proceeds derived from the use or investment of any of those proceeds, in the establishment or operation of an enterprise, or the acquisition of any title to, or a right, interest, or equity in, real or personal property used or intended for use in the operation of an enterprise. (4) A person shall not conspire or attempt to violate subsection (1), (2), or (3). Here’s some more detail for Michigan CCE CCE Federally Sometimes known as The Kingpin Statute or the Continuing Criminal Enterprise Statute (CCE) is a federal law, which is focused on persons who may be considered “drug lords” or maintain a supervisory role in drug trafficking on a substantial basis. The CCE statute usually targets organized crime or drug “kingpins.” Continuing Criminal Enterprise Defined in 21 U.S.C. 848, (gender specific) (a)Penalties; forfeitures Any person who engages in a continuing criminal enterprise shall be sentenced to a term of imprisonment which may not be less than 20 years and which may be up to life imprisonment, to a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $2,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in section 853 of this title; except that if any person engages in such activity after one or more prior convictions of him under this section have become final, he shall be sentenced to a term of imprisonment which may not be less than 30 years and which may be up to life imprisonment, to a fine not to exceed the greater of twice the amount authorized in accordance with the provisions of title 18 or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in section 853 of this title. (b)Life imprisonment for engaging in continuing criminal enterprise Any person who engages in a continuing criminal enterprise shall be imprisoned for life and fined in accordance with subsection (a), if—(1)such person is the principal administrator, organizer, or leader of the enterprise or is one of several such principal administrators, organizers, or leaders; and (2) (A)the violation referred to in subsection (c) (1) involved at least 300 times the quantity of a substance described in subsection 841(b)(1)(B) of this title, or (B)the enterprise, or any other enterprise in which the defendant was the principal or one of several principal administrators, organizers, or leaders, received $10 million dollars in gross receipts during any twelve-month period of its existence for the manufacture, importation, or distribution of a substance described in section 841(b)(1)(B) of this title. (c)“Continuing criminal enterprise” definedFor purposes of subsection (a), a person is engaged in a continuing criminal enterprise if—(1)he violates any provision of this subchapter or subchapter II the punishment for which is a felony, and (2)such violation is a part of a continuing series of violations of this subchapter or subchapter II—(A)which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and (B)from which such person obtains substantial income or resources. (d)Suspension of sentence and probation prohibited In the case of any sentence imposed under this section, imposition or execution of such sentence shall not be suspended, probation shall not be granted, and the Act of July 15, 1932 (D.C. Code, secs. 24–203—24–207), shall not apply. (e)Death penalty (1)In addition to the other penalties set forth in this section—(A)any person engaging in or working in furtherance of a continuing criminal enterprise, or any person engaging in an offense punishable under section 841(b)(1)(A)[1] of this title or section 960(b)(1)[1] of this title who intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of an individual and such killing results, shall be sentenced to any term of imprisonment, which shall not be less than 20 years, and which may be up to life imprisonment, or may be sentenced to death; and(B)any person, during the commission of, in furtherance of, or while attempting to avoid apprehension, prosecution or service of a prison sentence for, a felony violation of this subchapter or subchapter II who intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of any Federal, State, or local law enforcement officer engaged in, or on account of, the performance of such officer’s official duties and such killing results, shall be sentenced to any term of imprisonment, which shall not be less than 20 years, and which may be up to life imprisonment, or may be sentenced to death. (2)As used in paragraph (1)(B), the term “law enforcement officer” means a public servant authorized by law or by a Government agency or Congress to conduct or engage in the prevention, investigation, prosecution or adjudication of an offense, and includes those engaged in corrections, probation, or parole functions.(g) [2] to (p) Repealed. Pub. L. 109–177, title II, § 221(2), Mar. 9, 2006, 120 Stat. 231(q)Repealed. Pub. L. 109–177, title II, §§ 221(4), 222(c), Mar. 9, 2006, 120 Stat. 231, 232(r)Repealed. Pub. L. 109–177, title II, § 221(3), Mar. 9, 2006, 120 Stat. 231(s) Special provision for methamphetamine For the purposes of subsection (b), in the case of continuing criminal enterprise involving methamphetamine or its salts, isomers, or salts of isomers, paragraph (2)(A) shall be applied by substituting “200” for “300”, and paragraph (2)(B) shall be applied by substituting “$5,000,000” for “$10 million dollars”. So the IRS will take your money – They will even take cash because you can’t bank because it is still considered an illegal business. Here are their instructions. Hopefully they will spend it wisely… or not. Enter… the IRS A key component in promoting the highest degree of voluntary compliance on the part of taxpayers is helping them understand and meet their tax responsibilities while also enforcing the law with integrity and fairness to all. This article provides general guidance including frequently asked questions for taxpayers in the marijuana industry. I.R.C. § 280E and the Marijuana Industry Businesses that traffic marijuana in contravention of federal or state law are subject to the limitations of Internal Revenue Code (IRC) Section 280E. The Marijuana Industry FAQs, linked below, address federal tax filing and information report requirements specific to taxpayers in this industry. Income Reporting Income from any source is taxable and taxpayers are generally required to file a tax return to report that income to the IRS. Many marijuana-industry businesses conduct transactions in cash, which need to be reported, like any other form of payment. See Publication 334, Tax Guide for Small Business, for more details. Cash Payment Options Cash payment options are available for unbanked taxpayers. Some IRS Taxpayer Assistance Centers accept cash. Call 844-545-5640 for a location near you to schedule an appointment. Publication 5435 (PDF) provides additional details about cash payment options. Large Cash Amounts Any person in a trade or business who receives more than $10,000 in cash in a single transaction or in related transactions must file Form 8300 (PDF), Report of Cash Payments Over $10,000 Received in a Trade or Business, within 15 days after receiving payment. Estimated Payments Small business taxpayers often need to make quarterly estimated tax payments to cover their tax obligation. Form 1040-ES, Estimated Tax for Individuals, will help to figure these payments. IRS Direct Pay is the fastest and easiest way to make these payments. The Treasury Department’s (EFTPS) system is also an option. Records Good records assist in monitoring a business’s progress, tracking deductible expenses and can substantiate items reported on tax returns. A good recordkeeping system includes a summary of all business transactions. Generally, it is best to record transactions daily. More Information Marijuana Industry FAQsPaying Your TaxesWhat to Expect When You Pay Cash at an IRS OfficePay Your Taxes with CashPublication 5435, Need to pay your taxes in cash? (PDF)Publication 5435A, Need to pay your taxes in cash? There are different ways to pay (PDF)Publication 5436, Large Cash Payments What to Expect (PDF)Publication 5436-A, Paying in Cash at an IRS Taxpayer Assistance Center? (PDF)Cash Payments to the IRS over $10,000 FAQsPublication 5250, How to Pay Taxes with Cash at a Retail Partner (PDF)Form 8300, Report of Cash Payments Over $10,000 Received In a Trade or Business (PDF)Cash Intensive Businesses Audit Techniques Guide – Table of ContentsElectronic Federal Tax Payments System (EFTPS)Debit, Credit Card or Digital WalletVirtual CurrenciesInternal Revenue Code (IRC) Section 280ESmall Business and Self-Employed Tax CenterPublication 583, Starting a Business and Keeping RecordsLINKS IRS – Marijuana Industry Page IRS – Marijuana Industry Frequently Asked Questions Starting A Cannabis Business? You will require legal guidance Komorn Law provides legal guidance and consultation to those interested in Cannabis businesses. Call Our Office 248-357-2550 or Google Komorn Law and do your research. Komorn Law Social Media Recent Posts Komorn Law in the News The IRS is Ready to Take Your Marijuana Money The Narcotic Control Act of 1956 Boggs Act of 1952 Why Is Marijuana Illegal? Tag Cloud 2020 autism BMMR cannabis CBD corona virus corruption. prosecutors covid-19 DEA detroit dispensary DUI expungement forfeiture ginnifer hency hemp komorn komornlaw lara LARA ALERTS LARA Bulletin LARA FAQ Law law enforcement abuse laws legal Legalization marijuana medical Medical Marijuana Michigan MMFLA MMMA MMMA Regulations MRA news police politics Recreational Cannabis Remote science shattuck supreme court Traffic Stop Vote DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney. The post The IRS is Ready to Take Your Marijuana Money appeared first on Komorn Law. View the full article
  9. 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 presentation of recent United States efforts against the abuse of narcotic drugs, the Bulletin publishes hereby the main sections of a statute dealing with narcotics and marihuana, and of a bill, both introduced by the Hon. Hale Boggs, Chairman of the Sub Committee on Narcotics, of the Committee on Ways and Means of the House of Representatives of the United States Congress. A. NARCOTICS AND MARIHUANA PUBLIC LAW 728-84TH CONGRESS CHAPTER 629-2ND SESSION H.R. 11619 AN ACT 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.” Title I-Amendments to the 1954 Code, the Narcotics Drugs Import and Export Act, etc. SEC. 101. UNLAWFUL ACQUISITION, ETC., OF MARIHUANA Subsection ( a) of section 4744 of the Internal Revenue Code of 1954 (unlawful acquisition of marihuana) is amended to read as follows: (a)PERSONS IN GENERAL.-It shall be unlawful for any person who is a transferee required to pay the transfer tax imposed by section 4741 ( a) “(1) to acquire or otherwise obtain any marihuana without having paid such tax, or “(2) to transport or conceal, or in any manner facilitate the transportation or concealment of, any marihuana so acquired or obtained. Proof that any person shall have had in his possession any marihuana and shall have failed, after reasonable notice and demand by the Secretary or his delegate, to produce the order form required by section 4742 to be retained by him shall be presumptive evidence of guilt under this subsection and of liability for the tax imposed by section 4741 ( a).” SEC. 102. UNLAWFUL TRANSPORTATION OF MARIHUANA Subsection ( b) of section 4755 of the Internal Revenue Code of 1954 (unlawful transportation of marihuana) is amended to read as follows: “( b) TRANSPORTATION.-Except as otherwise provided in this subsection, it shall be unlawful for any person to send, ship, carry, transport, or deliver any marihuana within any Territory, the District of Columbia, or any insular possession of the United States, or from any State, Territory, the District of Columbia, or any insular possession of the United States into any other State, Territory, the District of Columbia, or insular possession of the United States. Nothing contained in this subsection shall apply “(1) to any person who shall have registered and paid the special tax as required by sections 4751 to 4753, inclusive; “(2) to any common carrier engaged in transporting marihuana; “(3) to any employee acting within the scope of his employment for any person who shall have registered and paid the special tax as required by sections 4751 to 4753, inclusive, or to any contract carrier or other agent acting within the scope of his agency for such registered person; “(4) to any person who shall deliver marihuana which has been prescribed or dispensed by a physician, dentist, veterinary surgeon, or other practitioner registered under section 4753 and employed to prescribe for the particular patient receiving such marihuana; “(5) to any person carrying marihuana which has been obtained by the person from a registered dealer in pursuance of a written prescription referred to in section 4742 ( b) (2), issued for legitimate medical uses by a physician, dentist,. veterinary surgeon, or other practitioner registered under section 4753, if the bottle or other container in which such marihuana is carried bears the name and registry number of the druggist, serial number of prescription, name and address of the patient, and name, address, and registry number of the person issuing such prescription; “(6) to any person carrying marihuana which has been obtained by the person as a patient from a registered physician, dentist, or other practitioner in the course of his professional practice if such marihuana is dispensed to the patient for legitimate medical purposes; or “(7) to any United States, State, county, municipal, District, Territorial or insular officer or official acting within the scope of his official duties.” SEC. 103. VIOLATIONS OF NARCOTIC DRUG AND MARIHUANA LAWS Section 7237 of the Internal Revenue Code of 1954 (violations of laws relating to narcotic drugs and marihuana) is amended to read as follows: “SEC. 7237. VIOLATION OF LAWS RELATING TO NARCOTIC DRUGS AND TO MARIHUANA “( a) WHERE NO SPECIFIED PENALTY IS OTHERWISE PROVIDED -Whoever commits an offense, or conspires to commit an offense, described in…for which no specific penalty is otherwise provided, shall be imprisoned not less than 2 or more than 10 years and, in addition, may be fined not more than $20,000. For a second offense, the offender shall be imprisoned not less than 5 or more than 20 years and, in addition, may be fined not more than $20,000. For a third or subsequent offense, the offender shall be imprisoned not less than 10 or more than 40 years and, in addition, may be fined not more than $20,000. “( b) SALE OR OTHER TRANSFER WITHOUT WRITTEN ORDER.- Whoever commits an offense, or conspires to commit an offense, described in … shall be imprisoned not less than 5 or more than 20 years and, in addition, may be fined not more than $20,000. For a second or subsequent offense, the offender shall be imprisoned not less than 10 or more than 40 years and, in addition, may be fined not more than $20,000. If the offender attained the age of 18 before the offense and “(1) the offense consisted of the sale, barter, exchange, giving away, or transfer of any narcotic drug or marihuana to a person who had not attained the age of 18 at the time of such offense, or “(2) the offense consisted of a conspiracy to commit an offense described in paragraph (1), the offender shall be imprisoned not less than 10 or more than 40 years and, in addition, may be fined not more than $20,000. “( c) CONVICTION OF SECOND OR SUBSEQUENT OFFENSE.- …………………………………………………………………………………… “( d) NO SUSPENSION OF SENTENCE, NO PROBATION; ETC.– Upon conviction “(1) of any offense the penalty for which is provided in subsection ( b) or this section, subsection ( c), ( h), or ( i) of section 2 of the Narcotic Drugs Import and Export Act, as amended, or such Act of July 11, 1941, as amended, or “(2) of any offense the penalty for which is provided in subsection ( a) of this section, if it is the offender’s second or subsequent offense, the imposition or execution of sentence shall not be suspended, probation shall not be granted, section 4202 of title 18 of the United States Code shall not apply, and the Act of July 15, 1932 (47 Stat. 696; D.C. Code 24-201 and following), as amended, shall not apply. “( e) UNLAWFUL DISCLOSURE OF INFORMATION ON RETURNS AND ORDER FORM’S.–Any person who shall disclose the information contained in the statements or returns required under section 4732 ( b) or 4754 ( a), in the duplicate order forms required under section 4705 ( e), or in the order forms or copies thereof referred to in section 4742 ( d), except “(1) as expressly provided in section 4773, “(2) for the purpose of enforcing any law of the United States relating to narcotic drugs or marihuana, or “(3) for the purpose of enforcing any law of any State or Territory or the District of Columbia, or any insular possession of the United States, or ordinance of any organized municipality therein, regulating the sale, prescribing, dispensing, dealing in, or distribution of narcotic drugs or marihuana, shall be fined not more than $2,000 or imprisoned not more than five years or both.” SEC. 104. ADDITIONAL AUTHORITY FOR BUREAU OF NARCOTICS AND BUREAU OF CUSTOMS (a) IN GENERAL.–Subchapter A of chapter 78 of the Internal Revenue Code of 1954 (discovery of liability and enforcement of title) is amended by inserting after section 7606 the following new section: “SEC. 7607. ADDITIONAL AUTHORITY FOR BUREAU OF NARCOTICS AND BUREAU OF CUSTOMS “The Commissioner, Deputy Commissioner, Assistant to the Commissioner, and agents, of the Bureau of Narcotics of the Department of the Treasury, and officers of the customs (as defined in section 401) (1) of the Tariff Act of 1930, as amended; 19 U.S.C., sec. 1401 (1), may “(1) carry firearms, execute and serve search warrants and arrest warrants, and serve subpenas and summonses issued under the authority of the United States, and “(2) make arrests without warrant for violations of any law of the United States relating to narcotic drugs (as defined in section 4731) or marihuana (as defined in section 4761) where the violation is committed in the presence of the person making the arrest or where such person has reasonable grounds to believe that the person to be arrested has committed or is committing such violation.” ………………………………………………………………………………………….. SEC. 105. IMPORTATION, ETC., OF NARCOTIC DRUGS Section 2 ( c) of the Narcotic Drugs Import and Export Act, as amended (U.S.C., title 21, sec. 174), is amended to read as follows: “( c) Whoever fraudulently or knowingly imports or brings any narcotic drug into the United States or any territory under its control or jurisdiction, contrary to law, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of any such narcotic drug after being imported or brought in, knowing the same to have been imported or brought into the United States contrary to law, or conspires to commit any of such acts in violation of the laws of the United States, shall be imprisoned not less than five or more than twenty years and, in addition, may be fined not more than $20,000. For a second or subsequent offense (as determined under section 7237 ( c) of the Internal Revenue Code of 1954), the offender shall be imprisoned not less than ten or more than forty years and, in addition, may be fined not more than $20,000. “Whenever on trial for a violation of this subsection the defendant is shown to have or to have had possession of the narcotic drug, such possession shall be deemed sufficient evidence to authorize conviction unless the defendant explains the possession to the satisfaction of the jury. “For provision relating to sentencing, probation, etc., see section 7237 ( d) of the Internal Revenue Code of 1954.” SEC. 106. SMUGGLING OF MARIHUANA Section 2 of the Narcotic Drugs Import and Export Act, as amended, is amended by adding at the end thereof the following: ” ( h) Notwithstanding any other provision of law, whoever, knowingly, with intent to defraud the United States, imports or brings into the United States marihuana contrary to law, or smuggles or clandestinely introduces into the United States marihuana which should have been invoiced, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such marihuana after being imported or brought in, knowing the same to have been imported or brought into the United States contrary to law, or whoever conspires to do any of the foregoing acts, shall be imprisoned not less than five or more than twenty years and, in addition, may be fined not more than $20,000. For a second or subsequent offense (as determined under section 7237 (c) of the Internal Revenue Code of 1954), the offender shall be imprisoned for not less than ten or more than forty years and, in addition, may be fined not more than $20,000. “Whenever on trial for a violation of this subsection, the defendant is shown to have or to have had the marihuana in his possession, such possession shall be deemed sufficient evidence to authorize conviction unless the defendant explains his possession to the satisfaction of the jury. …………………………………………………………………………………………………………….. “As used in this subsection, the term ‘marihuana’ has the meaning given to such term by section 4761 of the Internal Revenue Code of 1954. ……………………………………………………………………………………………………………. SEC. 107. SALE OF HEROIN TO JUVENILES – PENALTIES Section 2 of the Narcotic Drugs Import and Export Act, as amended, is further amended by adding at the end thereof the following: ” ( i) Notwithstanding any other provision of law, whoever, having attained the age of eighteen years, knowingly sells, gives away, furnishes, or dispenses, facilitates the sale, giving, furnishing, or dispensing, or conspires to sell, give away, furnish, or dispense, any heroin unlawfully imported or otherwise brought into the United States, to any person who has not attained the age of eighteen years, may be fined not more than $20,000, and shall be imprisoned for life, or for not less than ten years, except that the offender shall suffer death if the jury in its discretion shall so direct. “Whenever on trial for a violation of this subsection the defendant is shown to have had heroin in his possession, such possession shall be sufficient proof that the heroin was unlawfully imported or otherwise brought into the United States unless the defendant explains his possession to the satisfaction of the jury. “For the purposes of this subsection, the term ‘heroin’ means any substance identified chemically as diacetylmorphine or any salt thereof…..” SEC. 108. UNLAWFUL POSSESSION OF NARCOTIC DRUGS AND MARIHUANA ON VESSELS (a) IN GENERAL. – Subsection ( a) of the first section of the Act of July 11, 1941 (21 U.S.C., sec. 184a), is amended by striking out “fined not more than $5,000 or be imprisoned for not more than five years, or both,” and inserting in lieu thereof “imprisoned not less than five or more than twenty years and, in addition, may be fined not more than $20,000. For a second or subsequent offense (as determined under section 7237 ( c) of the Internal Revenue Code of 1954), the offender shall be imprisoned not less than ten or more than forty years and, in addition, may be fined not more than $20,000….” SEC. 109. TERRITORIAL EXTENT OF LAW Section 4774 of the Internal Revenue Code of 1954 (territorial extent of certain laws relating to narcotic drugs and marihuana) is amended by adding at the end thereof the following: “On and after the effective date of the Narcotic Control Act of 1956, the provisions referred to in the preceding sentence shall not apply to the Commonwealth of Puerto Rico unless the Legislative Assembly of the Commonwealth of Puerto Rico expressly consents thereto in the manner prescribed in the constitution of the Commonwealth of Puerto Rico for the enactment of a law.” Title II – Amendments to Title 18of the United States Code SEC. 201. ADDITION OF NEW CHAPTER – NARCOTICS ” § 1401. Definitions ” As used in this chapter “The term ‘heroin’ shall mean any substance identified chemically as diacetylmorphine or any salt thereof. ” The term ‘United States’ shall include the District of Columbia, the Territory of Alaska, the Territory of Hawaii, the Commonwealth of Puerto Rico, the insular possessions of the United States, the Trust Territory of the Pacific, and the Canal Zone. §1402. Surrender of heroin – procedure Any heroin lawfully possessed prior to the effective date of this Act shall be surrendered to the Secretary of the Treasury, or his designated representative, within one hundred and twenty days after the effective date of the Act, and each person making such surrender shall be fairly and justly compensated therefor. The Secretary of the Treasury, or his designated representative, shall formulate regulations for such procedure. All quantities of heroin not surrendered in accordance with this section and the regulations promulgated thereunder by the Secretary of the Treasury, or his designated representative, shall by him be declared contraband, seized, and forfeited to the United States without compensation. All quantities of heroin received pursuant to the provisions of this section, or otherwise, shall be disposed of in the manner provided in section 4733 of the Internal Revenue Code of 1954, except that no heroin shall be distributed or used for other than scientific research purposes approved by the Secretary of the Treasury, or his designated representative. §1403. Use of communication facilities – penalties “( a) Whoever uses any communication facility in committing or in causing or facilitating the commission of, or in attempting to commit, any act or acts constituting an offense or a conspiracy to commit an offense the penalty for which is provided in shall be imprisoned not less than two and not more than five years, and in addition, may be fined not more than $5,000. Each separate use of a communication facility shall be a separate offense under this section. “( b) For purposes of this section, the term ‘communication facility’ means any and all public and private instrumentalities used or useful in the transmission of writings, signs, signals, pictures and sounds of all kinds by mail, telephone wire, radio, or other means of communication. §1404. Motion to suppress – appeal by the United States “In addition to any other right to appeal, the United States shall have the right to appeal from an order granting a motion for the return of seized property and to suppress evidence made before the trial of a person charged with a violation of [reference to narcotics offenses] …………………………………………………………………………………………………………….. §1405. Issuance of search warrants – procedure “In any case involving a violation of any provision of ….. [reference to narcotics offenses] “(1) a search warrant may be served at any time of the day or night if the judge or the United States Commissioner issuing the warrant is satisfied that there is probable cause to believe that the grounds for the application exist, and “(2) a search warrant may be directed to any officer of the Metropolitan Police of the District of Columbia authorized to enforce or assist in enforcing a violation of any of such provisions. §1406. Immunity of witnesses “Whenever in the judgment of a United States attorney the testimony of any witness, or the production of books, papers, or other evidence by any witness, in any case or proceeding before any grand jury or court of the United States involving any violation of….. [reference to narcotics offenses] is necessary to the public interest, he, upon the approval of the Attorney General, shall make application to the court that the witness shall be instructed to testify or produce evidence subject to the provisions of this section, and upon order of the court such witness shall not be excused from testifying or from producing books, papers, or other evidence on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture. But no such witness shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, nor shall testimony so compelled be used as evidence in any criminal proceeding (except prosecution described in the next sentence) against him in any court. No witness shall be exempt under this section from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion as provided in this section. §1407. Border crossings – narcotic addicts and violators “( a) In order further to give effect to the obligations of the United States pursuant to The Hague convention of 1912, proclaimed as a treaty on March 3, 1915 (38 Stat. 1912), and the limitation convention of 1931, proclaimed as a treaty on July 10, 1933 (48 Stat. 1571), and in order to facilitate more effective control of the international traffic in narcotic drugs, and to prevent the spread of drug addiction, no citizen of the United States who is addicted to or uses narcotic drugs, as defined in section 4731 of the Internal Revenue Code of 1954, as amended (except a person using such narcotic drugs as a result of sickness or accident or injury and to whom such narcotic drug is being furnished, prescribed, or administered in good faith by a duly licensed physician in attendance upon such person, in the course of his professional practice) or who has been convicted of a violation of any of the narcotic or marihuana laws of the United States, or of any State thereof, the penalty for which is imprisonment for more than one year, shall depart from or enter into or attempt to depart from or enter into the United States, unless such person registers, under such rules and regulations as may be prescribed by the Secretary of the Treasury with a customs official, agent, or employee at a point of entry or a border customs station. Unless otherwise prohibited by law or Federal regulation such customs official, agent, or employee shall issue a certificate to any such person departing from the United States; and such person shall, upon returning to the United States, surrender such certificate to the customs official, agent, or employee present at the port of entry or border customs station. “( b) Whoever violates any of the provisions of this section shall be punished for each such violation by a fine of not more than $1,000 or imprisonment for not less than one nor more than three years, or both.” Title III – Amendments to Immigration and Nationality Act, etc. SEC. 301. AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT (a) Section 212 ( a) (23) of the Immigration and Nationality Act is amended to read as follows: “(23) Any alien who has been convicted of a violation of, or a conspiracy to violate, any law or regulation relating to the illicit possession of or traffic in narcotic drugs, or who has been convicted of a violation of, or a conspiracy to violate, any law or regulation governing or controlling the taxing, manufacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importation, exportation, or the possession for the purpose of the manufacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importation, or exportation of opium, coca leaves, heroin, marihuana, or any salt derivative or preparation of opium or coca leaves, or isonipecaine or any addiction-forming or addiction-sustaining opiate; or any alien who the consular officer or immigration officers know or have reason to believe is or has been an illicit trafficker in any of the aforementioned drugs;”. (b) Section 241 ( a) (11) of such Act is amended to read as follows: “(11) is, or hereafter at any time after entry has been a narcotic drug addict, or who at any time has been convicted of a violation of, or a conspiracy to violate, any law or regulation relating to the illicit possession of or traffic in narcotic drugs, or who has been convicted of a violation of, or a conspiracy to violate, any law or regulation governing or controlling the taxing, manufacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importation, exportation, or the possession for the purpose of the manufacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importation, or exportation of opium, coca leaves, heroin, marihuana, any salt derivative or preparation of opium or coca leaves or isonipecaine or any addiction-forming or addiction-sustaining opiate;”. (c) Section 241 ( b) of such Act is amended by adding at the end thereof the following additional new sentence: “The provisions of this subsection shall not apply in the case of any alien who is charged with being deportable from the United States under subsection ( a) (11) of this section.” SEC. 302. AMENDMENT TO ACT OF JUNE 14, 1930 Section 8 of the Act entitled “An Act to create in the Treasury Department the Bureau of Narcotics, and for other purposes “, approved June 14, 1930 (46 Stat. 587), as amended, is amended to read as follows: “SEC. 8. ( a) The Secretary of the Treasury shall cooperate with the several States in the suppression of the abuse of narcotic drugs in their respective jurisdictions, and to that end he is authorized (1) to cooperate in the drafting of such legislation as may be needed, if any, to effect the end named, (2) to arrange for the exchange of information concerning the use and abuse of narcotic drugs in said States and for cooperation in the institution and prosecution of cases in the courts of the United States and before the licensing boards and courts of the several States, (3) to conduct narcotic training programs, as an integral part of narcotic law enforcement for the training of such local and State narcotic enforcement personnel as may be arranged with the respective local and State agencies, and (4) to maintain in the Bureau of Narcotics a ‘Division of Statistics and Records’ to accept, catalogue, file, and otherwise utilize narcotic information and statistics, including complete records on drug addicts and other narcotic law offenders which may be received from Federal, State, and local agencies, and make such information available for Federal, State, and local law enforcement purposes. Federal agencies of the United States may make available to the Bureau of Narcotics the names, identification, and any other pertinent information which may be specified by the Secretary of the Treasury, or his designated representative, of all persons who are known by them to be drug addicts or convicted violators of any of the narcotic laws of the United States, or any State thereof. The Commissioner of Narcotics shall request and encourage all heads of State and local agencies to make such information available to the Bureau of Narcotics. “( b) As used in this section, the term ‘Federal agencies’ shall include (1) the executive departments, (2) the Departments of the Army, Navy and the Air Force, (3) the independent establishments and agencies in the executive branch, including corporations wholly owned by the United States, and (4) the municipal government of the District of Columbia. “The Secretary of the Treasury is hereby authorized to make such regulations as may be necessary to carry this section into effect.” …………………………………………………………………………………………………………….. Approved July 18, 1956. B. BARBITURATES AND AMPHETAMINES BILL INTRODUCED BY THE HON. HALE BOGGS* [H.R. 11108, 84th Cong., 2nd sess.] ……………………………………………………………………………………………………………. SEC. 2. Section 201 of the Federal Food, Drug and Cosmetics Act, as amended (21 U.S.C. 321) is amended by adding at the end thereof the following: “( s) The term ‘ barbiturate’ means any drug consisting in whole or in part of any of the salts of barbituric acid, or any derivative of barbituric acid, or any of the salts of such derivative, which has been designated by the Secretary, under section 502 (d), as habit forming. “( t) The term ‘amphetamine’ means any drug consisting in whole or in part of racemic amphetamine sulfate or dextro amphetamine sulfate.” “( o) (1) The manufacture, compounding, processing, or possession of any barbiturate or amphetamine in violation of section 508 ( a); (2) the sale, delivery, or other dispositions of any barbiturate or amphetamine in violation of section 508 ( b); or (3) (A) the failure to prepare or keep, or (B) the refusal to permit access to or copying of, any record with respect to any barbiturate or amphetamine as required by section 508 ( c).” SEC. 4. SEC. 5. SEC. 6. Chapter V of such Act is amended by adding at the end thereof a new section as follows: * At the time of going to press, no official information had been received by the Editor as to the adoption of this bill by the US Congress. “BARBITURATES AND AMPHETAMINES “SEC. 508 ( a). No person shall manufacture, compound, process or possess any barbiturate or amphetamine except the following: “(1) Manufacturers, compounders, and processors who have listed their names and places of business with the Secretary and who are regularly engaged in preparing pharmaceutical chemicals or prescription drugs for distribution through branch outlets, wholesale druggists, or by direct shipment to retail pharmacies or to hospitals, clinics, public health agencies, or physicians for dispensing by registered pharmacists upon prescriptions or for use by or under the supervision of practitioners licensed by law to administer such drugs in the course of their professional practice. “(2) Branch outlets established by listed manufacturers, compounders, or processors described in paragraph (1), and wholesale druggists who maintain establishments in conformance with local laws and are regularly engaged in supplying prescription drugs to retail pharmacies, or to hospitals, clinics, public health agencies, or physicians, for dispensing by registered pharmacists upon prescriptions or for use by or under the supervision of practitioners licensed by law to administer such drugs in the course of their professional practice. “(3) Retail pharmacies, hospitals, clinics, and public health agencies which maintain establishments, in conformance with local laws regulating the practice of pharmacy and medicine, regularly engaged in dispensing prescription drugs upon prescriptions of practitioners licensed to administer such drugs for patients under the care of such practitioners in the course of their professional practice. “(4) Practitioners licensed by law to prescribe or administer barbiturates or amphetamines who have such drugs in their possession for use in the course of their professional practice. “(5) Carriers and warehousemen who possess barbiturates or amphetamines in the ordinary course of their business of transporting and storing such drugs. “(6) Persons who possess barbiturates or amphetamines for use in research, teaching, or chemical analysis and not for sale. “(7) Officers and employees of Federal, State, Territorial, or local governments whose possession of such drugs is in the course of their official duties. “(8) Persons to whom barbiturates or amphetamines have been dispensed, or for whom such drugs have been prescribed in conformance with section 503 (b), by practitioners licensed by law to prescribe and administer such drugs in the course of such practitioner’s professional practice. “(9) An employee of any person described in paragraph (1) through paragraph (7), and a nurse or other medical technician under the supervision of a practitioner licensed by law to administer such drugs, having possession of such drugs by reason of his employment or occupation and not on his own account. “(b) No person shall sell, deliver, or otherwise dispose of any barbiturate or amphetamine to a person not authorized by sub-section ( a) to possess such drugs. “( c) Every person engaged in manufacturing, compounding, processing, selling, delivering, or otherwise disposing of any barbiturate or amphetamine shall, upon the effective date of this section, prepare a complete record of allstocks of barbiturates and amphetamines on hand and shall keep such record of three years. Thereafter, every such person manufacturing, compounding, or processing any barbiturate or amphetamine shall prepare and keep, for not less than three years, a record of the kind and quantity of barbiturates and amphetamines manufactured, compounded, or processed and the date of such manufacture, compounding, or processing; and every such person selling, delivering, or otherwise disposing of any barbiturate or amphetamine shall prepare or obtain, and keep for not less than three years, a record of the kind and quantity of such barbiturate or amphetamine received, sold, delivered, or otherwise disposed of, the name and address of the person from whom it was received and to whom it was sold, delivered, or otherwise disposed of, and the date of such transaction: Provided, however, That the provisions of this subsection shall not apply to practitioners licensed by law to prescribe or administer barbiturates or amphetamines who dispense such drugs in the course of their professional practice. Every person required by this sub-section to prepare, or obtain and keep, records shall, upon request of an officer or employee designated by the Secretary, permit such officer or employee at reasonable times to have access to and copy such records. “( d) The Secretary may by regulations remove any barbiturate or amphetamine from the operation of this section when such regulation of its manufacture, compounding, processing, possession and disposition is not necessary for the protection of the public health.” SEC. 7. Nothing in this Act shall be construed as authorizing the manufacture, compounding, processing, possession, sale, delivery, or other disposal of any barbiturate or amphetamine in any State or Territory in contravention of the laws of such State or Territory. SEC. 8. This Act shall take effect one hundred and eighty days after its enactment. The Narcotics Control Act PDF The post The Narcotic Control Act of 1956 appeared first on Komorn Law. View the full article
  10. 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 Number Public Law 82-255Date Approved November 2, 1951Full Title An Act to amend the penalty provisions applicable to persons convicted of violating certain narcotic laws, and for other purposesAssociated Bill Number H.R.3490You are reading a bill enacted long ago. In the intervening time subsequent legislation may have amended or repealed the provisions below. 65 STAT. PUBLIC LAW 255—NOV. 2, 1951 767 guilty of a felony and, upon conviction, shall be fined not more than $1,000 or imprisoned for not more than one year, or both: Provided further, That the above penalty clause shall be in addition to, and not in substitution for, any other provisions of existing law. SEC. 802. Any funds provided by this Act shall not be available Domestic informa- tion functions. for the compensation of persons performing domestic information functions or related supporting functions in excess of 50 per centum of the amount provided herein. SEC. 803. This Act may be cited as the "Second Supplemental Short title. Appropriation Act, 1952". Approved November 1, 1951. Public Law 255 CHAPTER 6 6 6 AN ACT November 2,1951 To amend the penalty provisions applicable to persons convicted of violating [H. K. 3490] certain narcotic laws, and for other purposes. Be it enacted hy the Senate and House of Representatives of the Narcotic law viola- United States of America in Congress assembled, That section 2 (c) tions, penalties. of the Narcotic Drugs Import and Export Act, as amended (U. S. C , 42 Stat. 596. title 21, sec. 174), is amended to read as follows: "(c) Whoever fraudulently or knowingly imports or brings any narcotic drug into the United States or any territory under its control or jurisdiction, contrary to law, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of any such narcotic drug after being imported or brought in, knowing the same to have been imported contrary to law, or conspires to commit any of such acts in violation of the laws of the United States, shall be fined not more than $2,000 and imprisoned not less than two or more than five years. For a second offense, the offender shall be fined not more than $2,000 and imprisoned not less than five or more than ten years. For a third or subsequent offense, the offender shall be fined not more than $2,000 and imprisoned not less than ten or more than twenty years. Upon conviction for a second or subsequent offense, the imposition or execution of sentence shall not be suspended and proba- tion shall not be granted. For the purpose of this subdivision, an offender shall be considered a second or subsequent offender, as the case may be, if he previously has been convicted of any offense the penalty for which is provided in this subdivision or in section 2557 (b) (1) of the Internal Revenue Code, or if he previously has been Post, p. 768. convicted of any offense the penalty for which was provided in sec- tion 9, chapter 1, of the Act of December 17, 1914 (38 Stat. 789), as amended; section 1, chapter 202 of the Act of May 26, 1922 (42 Stat. 596), as amended; section 12, chapter 553, of the Act of August 2, 21 U. 8. C. §§ 171, 1937 (50 Stat. 556), as amended; or sections 2557 (b) (1) or 2596 of 173,174-177. the Internal Revenue Code enacted February 10, 1939 (ch. 2, 53 Stat. 274, 282), as amended. After conviction, but prior to pronounce- Post, p. 768. ment of sentence, the court shall be advised by the United States attorney whether the conviction is the offender's first or a subsequent offense. If it is not a first offense, the United States attorney shall file an information setting forth the prior convictions. The offender shall have the opportunity in open court to aiRrm or deny that he is identical with the person previously convicted. If he denies the identity, sentence shall be postponed for such time as to permit a trial before a jury on the sole issue of the offender's identity with the person previously convicted. If the offender is found by the jury to be the 76100 O - 52 (PT. I) - 51 768 PUBLIC LAW 255—NOV. 2, 1951 [65 STAT. person previously convicted, or if he acknowledges that he is such person, he shall be sentenced as prescribed in this subdivision. "Whenever on trial for a violation of this subdivision the defendant is shown to have or to have had possession of the narcotic drug, such possession shall be deemed sufficient evidence to authorize conviction unless the defendant explains the possession to the satisfaction of the jury." S?T*^i-^^^o«7 SEC. 2. Section 2557 (b) (1) of the Internal Revenue Code is amended to read as follows: "(1) Whoever commits an offense or conspires to commit an offense described in this subchapter, subchapter C of this chapter, 53 Stat 269. ^^ ^^^ Qj. parts V or V I of subchapter A of chapter 27, for which no 2565, 259(>-2«»4, 3220- specific penalty is otherwise provided, shall be fined not more than 3239 '*"" $2,000 and imprisoned not less than two or more than five years. F o r a second offense, the offender shall be fined not more than $2,000 and imprisoned not less than five or more than ten years. For a third or subsequent offense, the offender shall be fined not more than $2,000 and imprisoned not less than ten or more than twenty years. Upon conviction for a second or subsequent offense, the imposition or execution of sentence shall not be sus- pended and probation shall not be granted. F o r the purpose of this paragraph, an offender shall be considered a second or subse- quent offender, as the case may be, if he previously has been con- victed of any offense the penalty for which is provided in this Ante,p.7&?. paragraph or in section 2 (c) of the Narcotic Drugs Import and Export Act, as amended (U. S. C , title 21, sec. 174), or if he previously has been convicted of any offense the penalty for which was provided in section 9, chapter 1, of the Act oi December 17,1914 (38 Stat. 789), as amended; section 1, chapter 202, of the Act of May 26,1922 (42 Stat. 596), as amended; section 12, Chap- ter 553, of the Act of August 2, 1937 (50 Stat. 556), as amended; ^«^«- o r sections 2557 ( b ) ( 1 ) o r 2596 of t h e I n t e r n a l R e v e n u e C o d e enacted F e b r u a r y 10, 1939 (ch. 2, 53 S t a t . 274, 2 8 2 ) , as a m e n d e d . After conviction, but prior to pronouncement of sentence, the court shall be advised by the United States a t t o r n ^ whether the conviction is the offender's first or a subsequent offense. If it is not a first offense, the United States attorney shall file an infor- mation setting forth the prior convictions. The offender shall have the opportunity in open court to affirm or deny that he is identical with the person previously convicted. If he denies the identity, sentence snail be postponed for such time as to permit a trial before a jury on the sole issue of the offender's identity with the person previously convicted. If the offender is found by the jury to be the person previously convicted, or if he acknowledges that he is such person, he shall be sentenced as prescribed in this paragraph." 26u.*s.^^§2596. ^^^- ^' Sectiou 2596 of the Internal Revenue Code is amended to read as follows: "SEC. 2596. P E N A L T I E S . "For penalties for violating or failing to comply with any of the provisions of this subchapter, see section 2557 (b) ( 1 ) . " 53 Stat. 387. gEC. 4. Section 3235 of t h e I n t e r n a l R e v e n u e Code is a m e n d e d t o read as follows: "SEC. 3235. P E N A L T I E S . "For penalties for violating or failing to comply with any of the provisions of this part, see section 2557 (b) ( 1 ) . " 66 STAT.] PUBLIC LAW 255—NOV. 2, 1951 769 SEO. 6. There are hereby repealed— Repeals. (1) section 2 (f) of the Narcotic Drugs Import and Export 42stat. 597. Act, as amended (IJ. S. C , title 21, sec. 174); (2) the Act of August 12,1937, as amended (U. S. C , title 21, «> stat. 627. sees. 200-200 ( b ) ) ; (3) sections 2557 (b) (6), (6), and (7) of the Internal Reve- miP C o d e ^ stat. 275. liue v/oue. _ ^ _ 26 u. s. c. § 2557. SEC. 6. Any rights or liabilities now existing under the laws or parts thereof repealed by this Act shall not be affected by such repeal. Approved November 2, 1951. Boggs Act 1951 PDF More Detailed Information The post Boggs Act of 1952 appeared first on Komorn Law. View the full article
  11. 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 social equity plan that is required with the adult use application and designed to meet the intent of this rule. The information in this bulletin is provided for guidance and should not be construed as requirements for applicants’ social equity plans. Things to Consider When Developing Your Social Equity Plan Determine if the municipality where you plan to operate has enacted any requirements related to social equity. If the municipality has, make sure those requirements are addressed in your social equity plan. Review your business’s strategic goals and objectives and determine how the social equity plan you are developing will help accomplish or complement those goals and objectives. Determine the Focus of Your Social Equity Plan Identify the primary component(s) of your social equity plan. The following are examples of what licensees in Michigan and other states have included in their social equity plans: Employing individuals from disproportionately impacted communities at their marijuana establishment(s). A list of the communities the Marijuana Regulatory Agency (MRA) has identified as disproportionately impacted is listed here. Employing disproportionately impacted individuals who have qualified for the MRA’s social equity program (caregivers or individuals with marijuana-related convictions) or individuals the licensee has identified as having been disproportionately impacted based on criteria established by the licensee. Providing educational and outreach sessions in partnership with the MRA to individuals who qualified as disproportionately impacted individuals for the MRA’s social equity program (caregivers, individuals with marijuana-related convictions, individuals, and individuals from disproportionately impacted communities) or individuals the licensee has identified as disproportionately impacted based on criteria established by the licensee. Providing mentorship programs for individuals who qualified as disproportionately impacted individuals for the MRA’s social equity program (caregivers, individuals with marijuana-related convictions, and individuals from disproportionately impacted communities) or individuals the licensee has identified as disproportionately impacted based on criteria established by the licensee. Providing grants, loans, or monetary assistance to individuals seeking an adultuse license who have qualified for the MRA’s social equity program (caregivers, individuals with marijuana-related convictions, and individuals from disproportionately impacted communities) or individuals the licensee has identified as disproportionately impacted based on criteria established by the licensee. Partnering in business ventures with licensees who qualified for the MRA’s social equity program or who the licensee has identified as disproportionately impacted based on criteria established by the licensee. Providing training for employment in the marijuana industry for individuals who qualified as disproportionately impacted individuals for the MRA’s social equity program (caregivers, individuals with marijuana-related convictions, and individuals from disproportionately impacted communities) or individuals the licensee has identified as disproportionately impacted based on criteria established by the licensee. Providing information and assistance for expungement of marijuana-related convictions for interested Michigan residents. Determine How Will You Measure the Effectiveness of Your Social Equity Plan In the same way a business owner would measure progress towards any other strategic goal or objective for his or her business, the MRA recommends that applicants identify in specific, concrete terms how they will measure the effectiveness of their social equity plans after they become licensed. Although the MRA does not require it, we recommend applicants include these measures of effectiveness in the social equity plan they submit with their adult-use application. Promotion and Advertisement of Your Social Equity Plan After applicants become licensed, the MRA recommends licensees promote and advertise their social equity plan in the same way they would any other strategic goal or objective. The public and other licensees have an interest in what licensees are doing to promote social equity. The MRA is also interested in providing recognition for licensees who have established meaningful social equity plans and partner with the MRA to promote and encourage participation in the marijuana industry by people who have been disproportionately impacted by marijuana prohibition and enforcement. The MRA plans to post on its website in the future the social equity plans that have been submitted by our licensees. Licensees who do not wish to have their social equity plans posted will have the option of refusal, although the MRA will indicate that the licensee has chosen not to publish the social equity plan. Link to Official Release Document Komorn Law Social Media Recent Posts Cannabis Social Equity Plans for Michigan Michigan Communities That Meet Criteria For The Social Equity Program Michigan Medical Marihuana – Legislative Bills Being a Registered Nurse and a Medical Marijuana Patient Revisiting People vs Feezel Tag Cloud 2020 autism BMMR cannabis CBD corona virus corruption. prosecutors covid-19 DEA detroit dispensary DUI expungement forfeiture ginnifer hency hemp komorn komornlaw lara LARA ALERTS LARA Bulletin LARA FAQ Law law enforcement abuse laws legal Legalization marijuana medical Medical Marijuana Michigan MMFLA MMMA MMMA Regulations MRA news police politics Recreational Cannabis Remote science shattuck supreme court Traffic Stop Vote DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney. The post Cannabis Social Equity Plans for Michigan appeared first on Komorn Law. View the full article
  12. The Social Equity Program is designed to encourage participation in the marijuana industry by people who live in the 184 Michigan communities which have been disproportionately impacted by marijuana prohibition and enforcement: Allegan: Fennville, Lee Township Arenac: Alger, Sterling Barry: Nashville Bay: Bay City, Midland, Pinconning Berrien: Benton Harbor, Berrien Spring, Coloma, Eau Claire, Niles, Oronoko Township, Sodus Township, Watervliet Branch: Bronson, Butler Township, Coldwater, Gilead Township, Quincy, Sherwood, Sherwood Township, Union City Calhoun: Albion, Battle Creek, Springfield, Tekonsha, Tekonsha Township, Union City Cass: Cassopolis, Dowagiac, Edwardsburg, Lagrange Township, Marcellus, Vandalia Eaton: Charlotte, Vermontville Emmet: McKinley Township, Wawatam Township Genesee: Clio, Flint, Flint Township, Mt. Morris, Mt. Morris Township Gratiot: Alma, Bethany Township, Breckenridge, Fulton Township, Perrinton, Seville Township, Wheeler Township Hillsdale: Montgomery Ingham: East Lansing, Lansing Ionia: Ionia, Muir, Orleans Township, Ronald Township Isabella: Coldwater Township, Fremont Township, Mt. Pleasant, Shepherd Jackson: Hanover, Jackson, Springport Kalamazoo: Galesburg, Kalamazoo Kent: Cedar Springs, Grand Rapids Lapeer: Clifford, Columbiaville, Imlay City, Lapeer Lenawee: Adrian, Morenci Macomb: Center Line, Mt. Clemens Mecosta: Aetna Township, Barryton, Big Rapids, Deerfield Township, Fork Township, Mecosta, Millbrook Township, Morley, Sheridan Township, Stanwood, Wheatland Township Monroe: Luna Pier Montcalm: Carson City, Crystal Township, Edmore, Greenville, Home Township, Howard City, Lakeview, McBride, Pierson, Stanton Muskegon: Holton Township, Muskegon, Muskegon Heights, Twin Lake Newaygo: Beaver Township, Big Prairie Township, Bridgeton Township, Denver Township, Fremont, Grant, Hesperia, Lilley Township, Merrill Township, Newaygo, Troy Township, White Cloud, Wilcox Township Oakland: Hazel Park, Pontiac, Royal Oak Township Ogemaw: Horton Township, Prescott, Richland Township, Rose City, West Branch Ottawa: Allendale Township Roscommon: Higgins Township, Richfield Township, Roscommon, Roscommon Township, St. Helen Saginaw: Bridgeport Township, Carrollton Township, Chapin Township, Chesaning, Kochville Township, Marion Township, Saginaw, Spaulding Township Shiawassee: Owosso St. Clair: Port Huron St. Joseph: Sturgis, Sturgis Township, Three Rivers, White Pigeon Township Tuscola: Akron, Caro, Dayton Township, Gagetown, Gilford Township, Kingston, Koylton Township, Mayville, Vassar, Vassar Township Van Buren: Arlington Township, Bangor Township, Bloomingdale, Breedsville, Columbia Township, Covert Township, Decatur, Decatur Township, Hartford, Keeler Township, Lawrence, Mattawan, Paw Paw, South Haven Washtenaw: Ann Arbor, Ypsilanti Wayne: Dearborn, Detroit, Ecorse, Hamtramck, Highland Park, Inkster, Melvindale, River Rouge, Wayne Wexford: Antioch Township, Cadillac, Colfax Township, Mesick, Slagle Township Note this list is current as of Sept 9, 2020. To see any updates visit the Michigan Gov site here Komorn Law has been at the forefront of commercial marijuana regulatory compliance since the inception of the industry. Put our extensive experience to work for you by calling us at 248-357-2550 or contacting us online. Michigan Communities That Meet Criteria For The Social Equity Program Komorn Law Social Media Recent Posts Cannabis Social Equity Plans for Michigan Michigan Communities That Meet Criteria For The Social Equity Program Michigan Medical Marihuana – Legislative Bills Being a Registered Nurse and a Medical Marijuana Patient Revisiting People vs Feezel Tag Cloud 2020 autism BMMR cannabis CBD corona virus corruption. prosecutors covid-19 DEA detroit dispensary DUI expungement forfeiture ginnifer hency hemp komorn komornlaw lara LARA ALERTS LARA Bulletin LARA FAQ Law law enforcement abuse laws legal Legalization marijuana medical Medical Marijuana Michigan MMFLA MMMA MMMA Regulations MRA news police politics Recreational Cannabis Remote science shattuck supreme court Traffic Stop Vote DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney. The post Michigan Communities That Meet Criteria For The Social Equity Program appeared first on Komorn Law. View the full article
  13. Initiated Law 1 of 2008 AN INITIATION of Legislation to allow under state law the medical use of marihuana; to provide protections for the medical use of marihuana; to provide for a system of registry identification cards for qualifying patients and primary caregivers; to impose a fee for registry application and renewal; to make an appropriation; to provide for the promulgation of rules; to provide for the administration of this act; to provide for enforcement of this act; to provide for affirmative defenses; and to provide for penalties for violations of this act. History: 2008, Initiated Law 1, Eff. Dec. 4, 2008 ;– Am. 2016, Act 283, Eff. Dec. 20, 2016 Compiler’s Notes: For the transfer of powers and duties of the department of licensing and regulatory affairs, including its bureau of marijuana regulation, to the marijuana regulatory agency, and abolishment of the bureau of marijuana regulation, see E.R.O. No. 2019-2, compiled at MCL 333.27001. © 2020 Legislative Council, State of Michigan The People of the State of Michigan enact: DocumentTypeDescriptionSection 333.26421SectionShort title.Section 333.26422SectionFindings, declaration.Section 333.26423SectionDefinitions.Section 333.26424SectionQualifying patient or primary caregiver; arrest, prosecution, or penalty prohibited; conditions; privilege from arrests; presumption; compensation; physician subject to arrest, prosecution, or penalty prohibited; marihuana paraphernalia; person in presence or vicinity of medical use of marihuana; registry identification card issued outside of department; sale of marihuana as felony; penalty; marihuana-infused product.Section 333.26424aSectionRegistered qualifying patient or registered primary caregiver; arrest, prosecution, or penalty, or denial of right or privilege prohibited; conditions.Section 333.26424bSectionTransporting or possessing marihuana-infused product; violation; fine.Section 333.26425SectionRules.Section 333.26426SectionAdministration and enforcement of rules by department.Section 333.26427SectionScope of act; limitations.Section 333.26428SectionDefenses.Section 333.26429SectionFailure of department to adopt rules or issue valid registry identification card.Section 333.26430SectionSeverabilty.MMMA Main PageMichigan Medical Marijuana (Info)Michigan Medical Marijuana Community (Forum)The post MICHIGAN MEDICAL MARIHUANA ACT appeared first on Komorn Law. View the full article
  14. As required by Section 603 (read below) of the Medical Marihuana Facilities Licensing Act (MMFLA), the amount of the regulatory assessment fee for licensed medical marijuana facilities are determined annually. The fees have to be paid by those approved for a license by the Marijuana Regulatory Agency (MRA) before being issued or renewal. The MRA issues renewals and licenses and the regulatory costs are now distributed amongst more contributors into the regulatory fund. The MRA bulletin can be read below or viewed here MRA – ADVISORY BULLETIN August 17, 2020 Medical Marihuana Facilities Licensing Act Regulatory Assessments for Fiscal Year 2021 The amount of the regulatory assessment for licensed medical marijuana facilities is determined annually as required by Section 603 of the Medical Marihuana Facilities Licensing Act and must be paid by those persons approved for licensure by the Marijuana Regulatory Agency (MRA) prior to issuance or renewal of each state operating license. As the market is maturing and the MRA continues to issue new licenses and renew existing licenses, regulatory costs are now spread across more payers into the marijuana regulatory fund. This has resulted in a significant reduction to the regulatory assessments for Fiscal Year 2021 (beginning October 1, 2020 and ending September 30, 2021) Each new license issued will pay the new license regulatory assessment listed above and each renewal license will pay the renewal regulatory assessment listed above based upon their market share during the previous fiscal year, as defined by Rule 420.7. To expedite the renewal process, all new licenses issued to existing licensees will be prorated so that the expiration date for all licenses held by a licensee will have the same expiration date as the licensee’s initial state operating license. End Starting A Cannabis Business? You will require legal guidance Komorn Law provides legal guidance and consultation to those interested in Cannabis businesses. Call Our Office 248-357-2550 or Google Komorn Law and do your research. Recent Posts Komorn Law in the News The IRS is Ready to Take Your Marijuana Money The Narcotic Control Act of 1956 Boggs Act of 1952 Why Is Marijuana Illegal? Medical Marihuana Facilities Licensing Act (MMFLA) SECTION 603 333.27603 Regulatory assessment. Sec. 603. (1) A regulatory assessment is imposed on certain licensees as provided in this section. All of the following shall be included in establishing the total amount of the regulatory assessment established under this section: (a) The department’s costs to implement, administer, and enforce this act, except for the costs to process and investigate applications for licenses supported with the application fee described in section 401. (b) Expenses of medical-marihuana-related legal services provided to the department by the department of attorney general. (c) Expenses of medical-marihuana-related services provided to the department by the department of state police. (d) Expenses of medical-marihuana-related services provided by the department of treasury. (e) $500,000.00 to be allocated to the department for expenditures of the department for licensing substance use disorder programs. (f) An amount equal to 5% of the sum of the amounts provided for under subdivisions (a) to (d) to be allocated to the department of health and human services for substance-abuse-related expenditures including, but not limited to, substance use disorder prevention, education, and treatment programs. (g) Expenses related to the standardized field sobriety tests administered in enforcing the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923. (h) An amount sufficient to provide for the administrative costs of the Michigan commission on law enforcement standards. (2) The regulatory assessment is in addition to the application fee described in section 401, the tax described in section 601, and any local licensing fees. (3) The regulatory assessment shall be collected annually from licensed growers, processors, provisioning centers, and secure transporters. The regulatory assessment for a class A grower license shall not exceed $10,000.00. (4) Beginning in the first year marihuana facilities are authorized to operate in this state, and annually thereafter, the department, in consultation with the board, shall establish the total regulatory assessment at an amount that is estimated to be sufficient to cover the actual costs and support the expenditures listed in subsection (1). (5) On or before the date the licensee begins operating and annually thereafter, each grower, processor, provisioning center, and secure transporter shall pay to the state treasurer an amount determined by the department to reasonably reflect the licensee’s share of the total regulatory assessment established under subsection (4). 333.27604 Marihuana regulatory fund. Sec. 604. (1) The marihuana regulatory fund is created in the state treasury. (2) The application fee collected under section 401 and the regulatory assessment collected under section 603 shall be deposited in the marihuana regulatory fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments. (3) Money in the marihuana regulatory fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund. (4) The department shall be the administrator of the marihuana regulatory fund for auditing purposes. (5) Except as provided in section 603(1)(d) and (e), the department shall expend money from the marihuana regulatory fund, upon appropriation, only for implementing, administering, and enforcing this act. 333.27605 Use of money from Michigan marihuana registry fund. Sec. 605. The department may use any money appropriated to it from the marihuana registry fund created in section 6 of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26426, for the purpose of funding the operations of the department and the board in the initial implementation and subsequent administration and enforcement of this act. Komorn Law Social Media Recent Posts Komorn Law in the News The IRS is Ready to Take Your Marijuana Money The Narcotic Control Act of 1956 Boggs Act of 1952 Why Is Marijuana Illegal? Tag Cloud 2020 autism BMMR cannabis CBD corona virus corruption. prosecutors covid-19 DEA detroit dispensary DUI expungement forfeiture ginnifer hency hemp komorn komornlaw lara LARA ALERTS LARA Bulletin LARA FAQ Law law enforcement abuse laws legal Legalization marijuana medical Medical Marijuana Michigan MMFLA MMMA MMMA Regulations MRA news police politics Recreational Cannabis Remote science shattuck supreme court Traffic Stop Vote DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney. The post MMFLA Regulatory Assessment Fees Announced for 2021 appeared first on Komorn Law. View the full article
  15. SUMMARY: The purpose of this interim final rule is to codify in the Drug Enforcement Administration (DEA) regulations the statutory amendments to the Controlled Substances Act (CSA) made by the Agriculture Improvement Act of 2018 (AIA), regarding the scope of regulatory controls over marihuana, tetrahydrocannabinols, and other marihuana-related constituents. This interim final rule merely conforms DEA’s regulations to the statutory amendments to the CSA that have already taken effect, and it does not add additional requirements to the regulations. Farm Bill / DEA Rules In August 2020, the Drug Enforcement Administration issued an interim rule on hemp, hemp-derived CBD (Hemp CBD) and other hemp-derived cannabinoids. The rule just conforms DEA’s regulations to the statutory amendments to the Controlled Substances Act (CSA) that have been in effect, and does not add additional requirements to the regulations. The 2018 Farm Bill defines hemp as The 2018 Farm Bill defines hemp as the plant Cannabis sativa L. and any part of the plant with a delta-9 THC concentration of not more than 0.3 percent by dry weight. This definition is consistent with the definition of “industrial hemp” in the 2014 version bill, which created a limited agricultural pilot program regarding research into industrial hemp. The 2018 Farm Bill also defines hemp to include all derivatives, extracts, and cannabinoids of hemp. It is undeniable that the hemp plant and hemp derivatives, extracts, and cannabinoids are no longer controlled substances. It would then logically follow that it is legal to process the hemp plant into legal derivatives, extracts, and cannabinoids. DEA Rules 2020 The definition of hemp does not automatically exempt any product The definition of hemp does not automatically exempt any product derived from a hemp plant, regardless of the Δ9-THC content of the derivative. In order to meet the definition of “hemp,” and thus qualify for the exemption from schedule I, the derivative must not exceed the 0.3% Δ9-THC limit. The definition of “marihuana” continues to state that “all parts of the plant Cannabis sativa L.,” and “every compound, manufacture, salt, derivative, mixture, or preparation of such plant,” are schedule I controlled substances unless they meet the definition of “hemp” (by falling below the 0.3% Δ9-THC limit on a dry weight basis) or are from exempt parts of the plant (such as mature stalks or non-germinating seeds). See 21 U.S.C. 802(16) (emphasis added). As a result, a cannabis derivative, extract, or product that exceeds the 0.3% Δ9-THC limit is a schedule I controlled substance, even if the plant from which it was derived contained 0.3% or less Δ9-THC on a dry weight basis. Finally, nothing in the AIA or in these implementing regulations affects or alters the requirements of the Food, Drug, & Cosmetic Act (FD&C Act). See 7 U.S.C. 1639r(c). Hemp products that fall within the jurisdiction of the FD&C Act must comply with its requirements. FDA has recently issued a statement regarding the agency’s regulation of products containing cannabis and cannabis-derived compounds, and DEA refers interested parties to that statement, which can be found here That’s Why You Need An Attorney on Your Side Getting into the Cannabis or Hemp Business? You should have an attorney in the trenches with you protecting your best interests and legal status. Call our office 248-357-2550 or do some research and then call our office. Because we are covered in trench guts from fighting the war on drugs, fighting for hemp legalization, medical marijuana and legalization of cannabis. Many battles have been won but the war is far from over. Komorn Law…We’ve been neck deep in it for decades. THE RULING A Rule by the Drug Enforcement Administration on 08/21/2020 AGENCY: Drug Enforcement Administration (DEA), Department of Justice. ACTION: Interim final rule with request for comments. SUMMARY: The purpose of this interim final rule is to codify in the Drug Enforcement Administration (DEA) regulations the statutory amendments to the Controlled Substances Act (CSA) made by the Agriculture Improvement Act of 2018 (AIA), regarding the scope of regulatory controls over marihuana, tetrahydrocannabinols, and other marihuana-related constituents. This interim final rule merely conforms DEA’s regulations to the statutory amendments to the CSA that have already taken effect, and it does not add additional requirements to the regulations. DATES: Effective August 21, 2020. Electronic comments must be submitted, and written comments must be postmarked, on or before October 20, 2020. Commenters should be aware that the electronic Federal Docket Management System will not accept comments after 11:59 p.m. Eastern Time on the last day of the comment period. ADDRESSES: To ensure proper handling of comments, please reference “RIN 1117-AB53/Docket No. DEA-500” on all correspondence, including any attachments.Start Printed Page 51640 Electronic comments: The Drug Enforcement Administration encourages that all comments be submitted electronically through the Federal eRulemaking Portal, which provides the ability to type short comments directly into the comment field on the web page or attach a file for lengthier comments. Please go to http://www.regulations.gov and follow the online instructions at that site for submitting comments. Upon completion of your submission, you will receive a Comment Tracking Number for your comment. Please be aware that submitted comments are not instantaneously available for public view on http://www.regulations.gov. If you have received a Comment Tracking Number, your comment has been successfully submitted, and there is no need to resubmit the same comment.Paper comments: Paper comments that duplicate the electronic submission are not necessary and are discouraged. Should you wish to mail a paper comment in lieu of an electronic comment, it should be sent via regular or express mail to: Drug Enforcement Administration, Attn: DEA Federal Register Representative/DPW, Diversion Control Division; Mailing Address: 8701 Morrissette Drive, Springfield, VA 22152.FOR FURTHER INFORMATION CONTACT: Scott A. Brinks, Diversion Control Division, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152; Telephone: (202) 598-2596. SUPPLEMENTARY INFORMATION: Posting of Public Comments Please note that all comments received are considered part of the public record. They will, unless reasonable cause is given, be made available by the Drug Enforcement Administration (DEA) for public inspection online at http://www.regulations.gov. Such information includes personal identifying information (such as your name, address, etc.) voluntarily submitted by the commenter. The Freedom of Information Act (FOIA) applies to all comments received. If you want to submit personal identifying information (such as your name, address, etc.) as part of your comment, but do not want it to be made publicly available, you must include the phrase “PERSONAL IDENTIFYING INFORMATION” in the first paragraph of your comment. You must also place all of the personal identifying information you do not want made publicly available in the first paragraph of your comment and identify what information you want redacted. If you want to submit confidential business information as part of your comment, but do not want it to be made publicly available, you must include the phrase “CONFIDENTIAL BUSINESS INFORMATION” in the first paragraph of your comment. You must also prominently identify the confidential business information to be redacted within the comment. Comments containing personal identifying information and confidential business information identified as directed above will generally be made publicly available in redacted form. If a comment has so much confidential business information or personal identifying information that it cannot be effectively redacted, all or part of that comment may not be made publicly available. Comments posted to http://www.regulations.gov may include any personal identifying information (such as name, address, and phone number) included in the text of your electronic submission that is not identified as directed above as confidential. An electronic copy of this document and the complete Economic Impact Analysis, to this interim final rule are available in their entirety under the tab “Supporting Documents” of the public docket of this action at http://www.regulations.gov under FDMS Docket ID: DEA-500 (RIN 1117-AB53/Docket Number DEA-500) for easy reference. Executive Summary The Agriculture Improvement Act of 2018, Public Law 115-334 (the AIA), was signed into law on December 20, 2018. It provided a new statutory definition of “hemp” and amended the definition of marihuana under 21 U.S.C. 802(16) and the listing of tetrahydrocannabinols under 21 U.S.C. 812(c). The AIA thereby amends the regulatory controls over marihuana, tetrahydrocannabinols, and other marihuana-related constituents in the Controlled Substances Act (CSA). This rulemaking makes four conforming changes to DEA’s existing regulations: It modifies 21 CFR 1308.11(d)(31) by adding language stating that the definition of “Tetrahydrocannabinols” does not include “any material, compound, mixture, or preparation that falls within the definition of hemp set forth in 7 U.S.C. 1639 o.”It removes from control in schedule V under 21 CFR 1308.15(f) a “drug product in finished dosage formulation that has been approved by the U.S. Food and Drug Administration that contains cannabidiol (2-[1R-3-methyl-6R-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol) derived from cannabis and no more than 0.1% (w/w) residual tetrahydrocannabinols.”It also removes the import and export controls described in 21 CFR 1312.30(b) over those same substances.It modifies 21 CFR 1308.11(d)(58) by stating that the definition of “Marihuana Extract” is limited to extracts “containing greater than 0.3 percent delta-9-tetrahydrocannabinol on a dry weight basis.”This interim final rule merely conforms DEA’s regulations to the statutory amendments to the CSA that have already taken effect, and it does not add additional requirements to the regulations. Accordingly, there are no additional costs resulting from these regulatory changes. However, as discussed below, the changes reflected in this interim final rule are expected to result in annual cost savings for affected entities. Changes to the Definition of Marihuana The AIA amended the CSA’s regulatory controls over marihuana by amending its definition under the CSA. Prior to the AIA, marihuana was defined in 21 U.S.C. 802(16) as follows: The term “marihuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. The AIA modified the foregoing definition by adding that the “term `marihuana’ does not include hemp, as defined in section 1639 o of Title 7.” 21 U.S.C. 802(16)(B). Furthermore, the AIA added a definition of “hemp” to 7 U.S.C. 1639 o, which reads as follows: The term `hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Taken together, these two changes made by the AIA limit the definition of marihuana to only include cannabis or cannabis-derived material that contain more than 0.3% delta-9-tetrahydrocannabinol (also known as Δ9-THC) on a dry weight basis. Thus, to fall within the current CSA definition of Start Printed Page 51641marihuana, cannabis and cannabis-derived material must both fall within the pre-AIA CSA definition of marihuana and contain more than 0.3 percent Δ9-THC on a dry weight basis. Pursuant to the AIA, unless specifically controlled elsewhere under the CSA, any material previously controlled under Controlled Substance Code Number 7360 (marihuana) or under Controlled Substance Code Number 7350 (marihuana extract), that contains 0.3% or less of Δ9-THC on a dry weight basis—i.e., “hemp” as that term defined under the AIA—is not controlled. Conversely, any such material that contains greater than 0.3% of Δ9-THC on a dry weight basis remains controlled in schedule I. In order to meet the AIA’s definition of hemp, and thus qualify for the exception in the definition of marihuana, a cannabis-derived product must itself contain 0.3% or less Δ[9] -THC on a dry weight basis. It is not enough that a product is labeled or advertised as “hemp.” The U.S. Food and Drug Administration (FDA) has recently found that many cannabis-derived products do not contain the levels of cannabinoids that they claim to contain on their labels.[1] Cannabis-derived products that exceed the 0.3% Δ9-THC limit do not meet the statutory definition of “hemp” and are schedule I controlled substances, regardless of claims made to the contrary in the labeling or advertising of the products. In addition, the definition of hemp does not automatically exempt any product derived from a hemp plant, regardless of the Δ9-THC content of the derivative. In order to meet the definition of “hemp,” and thus qualify for the exemption from schedule I, the derivative must not exceed the 0.3% Δ9-THC limit. The definition of “marihuana” continues to state that “all parts of the plant Cannabis sativa L.,” and “every compound, manufacture, salt, derivative, mixture, or preparation of such plant,” are schedule I controlled substances unless they meet the definition of “hemp” (by falling below the 0.3% Δ9-THC limit on a dry weight basis) or are from exempt parts of the plant (such as mature stalks or non-germinating seeds). See 21 U.S.C. 802(16) (emphasis added). As a result, a cannabis derivative, extract, or product that exceeds the 0.3% Δ9-THC limit is a schedule I controlled substance, even if the plant from which it was derived contained 0.3% or less Δ9-THC on a dry weight basis. Finally, nothing in the AIA or in these implementing regulations affects or alters the requirements of the Food, Drug, & Cosmetic Act (FD&C Act). See 7 U.S.C. 1639r(c). Hemp products that fall within the jurisdiction of the FD&C Act must comply with its requirements. FDA has recently issued a statement regarding the agency’s regulation of products containing cannabis and cannabis-derived compounds, and DEA refers interested parties to that statement, which can be found at https://www.fda.gov/​newsevents/​Newsroom/​PressAnnouncements/​ucm628988.htm. Changes to the Definition of Tetrahydrocannabinols The AIA also modified the listing for tetrahydrocannabinols under 21 U.S.C. 812(c) by stating that the term tetrahydrocannabinols does not include tetrahydrocannabinols in hemp. Specifically, 21 U.S.C. 812(c) Schedule I now lists as schedule I controlled substances: “Tetrahydrocannabinols, except for tetrahydrocannabinols in hemp (as defined under section 1639 o of Title 7).” Therefore, the AIA limits the control of tetrahydrocannabinols (for Controlled Substance Code Number 7370). For tetrahydrocannabinols that are naturally occurring constituents of the plant material, Cannabis sativa L., any material that contains 0.3% or less of Δ9-THC by dry weight is not controlled, unless specifically controlled elsewhere under the CSA. Conversely, for tetrahydrocannabinols that are naturally occurring constituents of Cannabis sativa L., any such material that contains greater than 0.3% of Δ9-THC by dry weight remains a controlled substance in schedule I. The AIA does not impact the control status of synthetically derived tetrahydrocannabinols (for Controlled Substance Code Number 7370) because the statutory definition of “hemp” is limited to materials that are derived from the plant Cannabis sativa L. For synthetically derived tetrahydrocannabinols, the concentration of Δ9-THC is not a determining factor in whether the material is a controlled substance. All synthetically derived tetrahydrocannabinols remain schedule I controlled substances. This rulemaking is modifying 21 CFR 1308.11(d)(31) to reflect this statutory change. By this rulemaking, 21 CFR 1308.11(d)(31) is being modified via the addition of subsection (ii), which reads: “Tetrahydrocannabinols does not include any material, compound, mixture, or preparation that falls within the definition of hemp set forth in 7 U.S.C. 1639 o.” Removal of Schedule V Control of FDA-Approved Products Containing Cannabidiol Previously DEA, pursuant to 21 CFR 1308.15, separately controlled in Schedule V drug products in finished dosage formulations that have been approved by FDA and that contain cannabidiol (CBD) derived from cannabis and no more than 0.1 percent (w/w) residual tetrahydrocannabinols (under Controlled Substance Code Number 7367). The FDA-approved substances described under Drug Code 7367 are no longer controlled, by virtue of the AIA. As a result, DEA is removing the listing for “Approved cannabidiol drugs” under schedule V in 21 CFR 1308.15. Note that CBD in a mixture with a Δ9-THC concentration greater than 0.3% by dry weight is not exempted from the definition of “marihuana” or “tetrahydrocannabinols.” Accordingly, all such mixtures exceeding the 0.3% limit remain controlled substances under schedule I. Removal of Import/Export Provisions Involving FDA-Approved Products Containing CBD Previously DEA, pursuant to 21 CFR 1312.30, required import and export permits pursuant to 21 U.S.C. 811(d)(1), 952(b)(2), and 953(e)(3) for the import and export of drug products in finished dosage formulations that have been approved by FDA and that contain CBD derived from cannabis and no more than 0.1 percent (w/w) residual tetrahydrocannabinols. Because such substances are no longer controlled substances, DEA is likewise removing the import and export permit requirement for these substances. The regulation is revised to delete § 1312.30(b). Drug Code 7350 for Marihuana Extract The current control status of marihuana-derived constituents depends upon the concentration of Δ9-THC in the constituent. DEA is amending the scope of substances falling within the Controlled Substances Code Number for marihuana extract (7350) to conform to the amended definition of marihuana in the AIA. As amended, the Drug Code 7350 definition reads: Marihuana Extract—meaning an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, containing greater than 0.3 percent delta-9-tetrahydrocannabinol on a dry weight Start Printed Page 51642basis, other than the separated resin (whether crude or purified) obtained from the plant. 21 CFR 1308.11(d)(58). The drug code 7350 became effective on January 13, 2017. 81 FR 90194. Regulatory Analysis Administrative Procedure Act An agency may find good cause to exempt a rule from certain provisions of the Administrative Procedure Act (APA) (5 U.S.C. 553), including those requiring the publication of a prior notice of proposed rulemaking and the pre-promulgation opportunity for public comment, if such actions are determined to be unnecessary, impracticable, or contrary to the public interest. DEA finds there is good cause within the meaning of the APA to issue these amendments as an interim final rule and to delay comment procedures to the post-publication period, because these amendments merely conform the implementing regulations to recent amendments to the CSA that have already taken effect. DEA has no discretion with respect to these amendments. This rule does no more than incorporate the statutory amendments into DEA’s regulations, and publishing a notice of proposed rulemaking or soliciting public comment prior to publication is unnecessary. See 5 U.S.C. 553(b)(B) (relating to notice and comment procedures). “[W]hen regulations merely restate the statute they implement, notice-and-comment procedures are unnecessary.” Gray Panthers Advocacy Committee v. Sullivan, 936 F.2d 1284, 1291 (D.C. Cir. 1991); see also United States v. Cain, 583 F.3d 408, 420 (6th Cir. 2009) (contrasting legislative rules, which require notice-and-comment procedures, “with regulations that merely restate or interpret statutory obligations,” which do not); Komjathy v. Nat. Trans. Safety Bd., 832 F.2d 1294, 1296 (D.C. Cir. 1987) (when a rule “does no more than repeat, virtually verbatim, the statutory grant of authority” notice-and-comment procedures are not required). In addition, because the statutory changes at issue have already been in effect since December 20, 2018, DEA finds good cause exists to make this rule effective immediately upon publication. See 5 U.S.C. 553(d). Therefore, DEA is issuing these amendments as an interim final rule, effective upon publication in the Federal Register. Although publishing a notice of proposed rulemaking and soliciting public comment prior to publication are unnecessary in this instance because these regulations merely implement statutory changes over which the agency has no discretion, DEA is soliciting public comment on this rule following its publication. For that reason, DEA is publishing this rule as an interim final rule and is establishing a docket to receive public comment on this rule. To the extent required by law, DEA will consider and respond to any relevant comments received. Executive Orders 12866 (Regulatory Planning and Review), 13563 (Improving Regulation and Regulatory Review), and 13771 (Reducing Regulation and Controlling Regulatory Cost) This interim final rule was developed in accordance with the principles of Executive Orders (E.O.) 12866, 13563, and 13771. E.O. 12866 directs agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health, and safety effects; distributive impacts; and equity). E.O. 13563 is supplemental to and reaffirms the principles, structures, and definitions governing regulatory review as established in E.O. 12866. E.O. 12866 classifies a “significant regulatory action,” requiring review by the Office of Management and Budget (OMB), as any regulatory action that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in the E.O. The economic, interagency, budgetary, legal, and policy implications of this interim final rule have been examined and it has been determined that it is not a significant regulatory action under E.O. 12866 because it is a non-discretionary action that is dictated by the statutory amendments to the CSA enacted by the AIA. While not determined to be a significant regulatory action, this action has been reviewed by the OMB. As explained above, DEA is obligated to issue this interim final rule to revise its regulations so that they are consistent with the provisions of the CSA that were amended by the AIA. In issuing this interim final rule, DEA has not gone beyond the statutory text enacted by Congress. Thus, DEA would have to issue this interim final rule regardless of the outcome of the agency’s regulatory analysis. Nonetheless, DEA conducted this analysis as discussed below. Summary of Benefits and Costs This analysis is limited to the provisions of the AIA that are being directly implemented by this DEA interim final rule. DEA has reviewed these regulatory changes and their expected costs and benefits. Benefits, in the form of cost savings realized by DEA registrants handling previously controlled substances, will be generated as a direct result of the publication of this interim final rule. DEA does not expect there to be any costs associated with the promulgation of this interim final rule. The following is a summary; a detailed economic analysis of the interim final rule can be found in the rulemaking docket at http://www.regulations.gov. The AIA’s revised definitions of marihuana and tetrahydrocannabinols effectively decontrol hemp as defined under the AIA. DEA’s regulatory authority over any plant with less than 0.3% THC content on a dry weight basis, and any of the plant’s derivatives under the 0.3% THC content limit, is removed as a result. It is important to note, however, that this does not mean that hemp is not under federal regulatory oversight. The AIA directs the U.S. Department of Agriculture (USDA) to review and approve commercial hemp production plans developed by State, territory, and Indian tribal agencies and to develop its own production plan. 7 U.S.C. 1639p, 1639q. Until these regulations are finalized, State commercial hemp pilot programs authorized under the 2014 Farm Bill are still in effect and current participants may proceed with plans to grow hemp while new regulations are drafted.[2] DEA expects the USDA to assess the costs and benefits of this new regulatory apparatus once those rules are finalized. For these reasons, DEA considers any potential costs or benefits broadly related to changes in the domestic industrial hemp market due to the Start Printed Page 51643decontrol of hemp, including but not limited to the expansion in the number of producers, consumer products, and the impact on supply chains to be outside the scope of this analysis. To determine any cost savings resulting from this decontrol action, DEA analyzed its registration, import, and export data. The removal of DEA’s regulatory authority over hemp as defined under the AIA will impact only DEA registrants that currently import viable hemp seed intended for germination. Viable hemp seed was classified as a schedule I controlled substance prior to the amendments to the CSA enacted by the AIA. The importation and exportation of controlled substances requires an importer or exporter to first register with DEA, and then apply and obtain a permit to import or export controlled substances for each shipment.[3] The decontrol of hemp with this interim final rule means that viable hemp seed is no longer subject to those schedule I requirements, as long as the material contains less than the 0.3% limit. Based on the number of import and export permits issued, DEA estimated the number of import and export permit applications that would no longer be needed. DEA reviewed internal data tracking the number of imports and exports for hemp seed over a three year period beginning January 1, 2016 and ending December 31, 2018.[4] During this three year period, there was an average of 88 import permits issued for hemp seed per year, and no exports. These import permits were issued only to participants in state commercial hemp pilot programs, including state departments of agriculture and higher education institutions, which are considered “fee exempt”, and do not pay the $1,523 annual importer registration fee.[5] However, fee-exempt institutions are still required to obtain a DEA registration and renew that registration annually by filling out and submitting DEA form 225a. DEA expects these institutions to relinquish their schedule I importer registrations as a result of the promulgation of this interim final rule. DEA estimates the average annual cost savings attributable to the elimination of import permits for hemp seed, and the elimination of annual registration renewals for hemp seed importers to be $3,225.[6] This cost savings is realized entirely by DEA registrants. Since the anticipated reduction in import permits and registration renewals being processed is negligible relative to the total amount of permits and renewals processed by DEA annually, DEA is not expected to experience a measurable decrease in workflow or use of resources, and therefore, will incur no cost savings. The results of this analysis are summarized below: Average Annual Import Permit Application (DEA Form 357) Cost SavingsEstimated hourly wage ($/hour): 7$45.54Load for benefits (percent of labor rate): 843%Loaded labor rate ($/hour): 9$65.06Average hourly burden, per application:0.25Average annual # of import permit applications for hemp seed:88Average annual hemp seed import permit application labor costs: 10$1,431.32Average annual mailing cost of hemp seed import permit applications: 11$1,579.50Annual Registration Renewal Application (DEA Form 225a) Cost SavingsEstimated hourly wage ($/hour): 12$59.56Load for benefits (percent of labor rate): 1343%Loaded labor rate ($/hour): 14$85.09# of Importers no longer requiring registration:21Average hourly burden, per application: 150.12Average annual registration renewal application labor cost: 16$214.43Total Annual Cost Savings:$3,225.25This interim final rule removes FDA-approved products containing CBD from schedule V control, including controls over the importation and exportation of this class of drugs. There is currently only one drug that meets these criteria for decontrol.[17] To determine any cost savings resulting from this decontrol action, DEA analyzed its registration, import, and export data. DEA believes all entities that currently handle FDA-approved CBD products also handle other controlled substances. This means the decontrol of this product will not allow these DEA registrants to benefit from any registration-related cost savings. However, like importers of viable hemp seed, importers and exporters of FDA-approved CBD products will no longer be required to obtain import and export permits from DEA. DEA analyzed its internal import and export data to identify the average Start Printed Page 51644number of permits issued for FDA-approved CBD products over a three year period beginning January 1, 2016 and ending December 31, 2018. During this period there was an average of 52 import permits and one export permit issued per year, the elimination of which will result in an average annual cost savings of $1,814.[18] This cost savings is realized entirely by DEA registrants. Since the anticipated reduction in import and export permits being processed is negligible relative to the total number of permits processed by DEA annually, DEA is not expected to experience a measurable decrease in workflow or use of resources, and therefore, will incur no cost savings. The results of this analysis are summarized below: Average Annual Import Permit Application (DEA Form 357) Cost SavingsEstimated hourly wage ($/hour): 7$45.54Load for benefits (percent of labor rate): 843%Loaded labor rate ($/hour): 9$65.06Average hourly burden, per application:0.25Average annual # of import permit applications for FDA-approved CBD:52Average annual FDA-approved CBD import permit application labor costs: 19$845.74Average annual mailing cost for import permit applications: 11 20$916.50Average Annual Export Permit Application (DEA Form 161) Cost SavingsEstimated hourly wage ($/hour): 7$45.54Load for benefits (percent of labor rate): 843%Loaded labor rate ($/hour): 9$65.06Average hourly burden, per collection:0.5Average annual # of export permit applications for FD-approved CBD:1Average annual FDA-approved CBD export permit application labor costs: 21$32.53Average annual mailing cost of export permit applications: 11$19.50Total Annual Cost Savings:$1,814.27This interim final rule amends the definition of marihuana extract to conform to the revised definitions of marihuana and tetrahydrocannabinols. This revised definition now includes the 0.3%-THC content limit for the extract, meaning hemp-derived extracts containing less than 0.3%-THC content are also decontrolled along with the plant itself. As discussed previously, the production of hemp and its extracts as defined under the AIA now falls under the same regulatory oversight shared between the States, territories, and Indian tribal agencies, and the USDA. The FDA also affirms its regulatory oversight over cannabis-derived compounds, such as CBD, whether or not these compounds are “classified as hemp under the 2018 Farm Bill.” [22] For these reasons, DEA considers any potential costs or benefits broadly related to changes in the markets for domestic hemp extracts due to their decontrol, including but not limited to the expansion in the number of producers, consumer products, and the impact on supply chains to be outside the scope of this analysis. Like FDA-approved CBD products and viable hemp seeds, entities no longer require a DEA registration or import and export permits to handle hemp extract that does not exceed the statutory 0.3% THC limit. DEA’s import and export data does capture a minimal number of instances of the importation and exportation of CBD; however, this data does not detail whether or not the CBD was derived from Cannabis sativa L. plants containing less than 0.3% THC content. For this reason, DEA does not have a good basis to estimate the annual number of imported or exported hemp-derived extracts that no longer require permits as a result of the promulgation of this interim final rule, but after reviewing its data, believes this number to be minimal. Therefore, DEA concludes that this provision of the interim final rule is likely to result in a minimal benefit to DEA registrants, but DEA does not have a good basis to quantify this amount. As part of its core function, DEA’s Diversion Control Division is responsible for managing over 1.8 million DEA registrations, processing new and renewal registration applications, processing registration modification requests, issuing certificates of registration, issuing import and export permits, issuing renewal notifications, conducting due diligence, maintaining and operating supporting information systems, etc. Therefore, DEA does not anticipate it will realize any measurable cost savings to the government as a result of the negligible decreases in registrant services resulting from the promulgation of this interim final rule. As described above, DEA estimates the average annual benefit in the form of cost savings to DEA registrants as a result of the promulgation of this interim final rule to be $5,039.[23] DEA calculated the present value of this cost savings over a 20 year period at a 3 percent and 7 percent discount rate. At a 3 percent discount rate, the present value of benefits is $74,968, while the present value of costs is $0, making the net present value (NPV) $74,968. At a 7 percent discount rate, the present value of benefits is $53,383, the present value of costs is $0, making the NPV is $53,383.[24] The table below summarizes the present value and annualized benefit calculations. Figures are rounded.Discount Rate3%7%Annual benefit ($)5,0395,039Present value of benefits ($)74,96853,383Present value of costs ($)00Years2020Net present value ($)74,96853,383E.O. 13771 deregulatory actions are final actions that have totals costs less than zero. Also, under E.O. 13771, regulatory actions that expand production options, which are considered to be “enabling rules,” generally qualify as E.O. 13771 deregulatory actions. This interim final rule decontrols hemp, hemp extracts and FDA-approved products containing CBD, and it results in cost savings to the public, as discussed above. Accordingly, DEA has determined that this interim final rule is an E.O. 13771 Deregulatory Action. Executive Order 12988 This interim final rule meets the applicable standards set forth in sections 3(a) and 3(b)(2) of E.O. 12988, Civil Justice Reform, to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burdens. Executive Order 13132 This rulemaking does not preempt or modify any provision of State law, impose enforcement responsibilities on any State, or diminish the power of any State to enforce its own laws. Accordingly, this rulemaking does not have federalism implications warranting the application of E.O. 13132. Executive Order 13175 This interim final rule is required by statute, and will not have tribal implications or impose substantial direct compliance costs on Indian tribal governments. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) applies to rules that are subject to notice and comment under section 553(b) of the Administrative Procedure Act (5 U.S.C. 553). As explained in the interim final rule, DEA determined that there was good cause to exempt this interim final rule from pre-publication notice and comment. Consequently, the RFA does not apply to this interim final rule. Paperwork Reduction Act of 1995 This interim final rule does not involve a collection of information within the meaning of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-21. Unfunded Mandates Reform Act of 1995 This interim final rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $136,000,000 or more (adjusted for inflation) in any one year, and will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. 2 U.S.C. 1532. Congressional Review Act This interim final rule is not a major rule as defined by the Congressional Review Act (CRA) (5 U.S.C. 804). DEA is submitting the required reports with a copy of this interim final rule to both Houses of Congress and to the Comptroller General. List of Subjects 21 CFR Part 1308 Administrative practice and procedure; Drug traffic control; Reporting and recordkeeping requirements21 CFR Part 1312 Administrative practice and procedure; Drug traffic control; Exports; Imports; Reporting and recordkeeping requirementsFor the reasons set forth above, 21 CFR parts 1308 and 1312 are amended as follows: PART 1308—SCHEDULES OF CONTROLLED SUBSTANCES 1.The authority citation for part 1308 continues to read as follows: Authority: 21 U.S.C. 811, 812, 871(b), 956(b). 2.In § 1308.11, paragraphs (d)(31) and (58) are revised to read as follows:§ 1308.11Schedule I.***** (d) * * * (31) Tetrahydrocannabinols ……7370 (i) Meaning tetrahydrocannabinols, except as in paragraph (d)(31)(ii) of this section, naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following: 1 cis or trans tetrahydrocannabinol, and their optical isomers 6 cis or trans tetrahydrocannabinol, and their optical isomers 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.) (ii) Tetrahydrocannabinols does not include any material, compound, mixture, or preparation that falls within the definition of hemp set forth in 7 U.S.C. 1639 o.***** (58) Marihuana Extract ……7350 Meaning an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, containing greater than 0.3% delta-9-tetrahydrocannabinol on a dry weight basis, other than the separated resin (whether crude or purified) obtained from the plant.*****§ 1308.15[Amended] 3.In § 1308.15, paragraph (f) is removed. PART 1312—IMPORTATION AND EXPORTATION OF CONTROLLED SUBSTANCES 4.The authority citation for part 1312 continues to read as follows: Authority: 21 U.S.C. 821, 871(b), 952, 953, 954, 957, 958.§ 1312.30[Amended] 5.In § 1312.30, paragraph (b) is removed and reserved. Timothy J. Shea, Acting Administrator. Footnotes 1.  See FDA, Warning Letters and Test Results for Cannabidiol-Related Products, https://www.fda.gov/​NewsEvents/​PublicHealthFocus/​ucm484109.htm.Back to Citation 2.  See USDA, Hemp Production Program Questions and Answers, https://www.ams.usda.gov/​publications/​content/​hemp-production-program-questions-and-answers.Back to Citation 3.  See 21 CFR 1312.11(a), 1312.21(a).Back to Citation 4.  DEA import data is organized by drug code. Hemp seed falls within drug code “7360—Marihuana”.Back to Citation 5.  See 21 CFR 1301.21(a)(1).Back to Citation 6.  Rounded down to the nearest whole dollar.Back to Citation 7.  Median hourly wage, Bureau of Labor Statistics, Occupational and Employment and Wages, May 2018, 11-3071 Transportation, Storage, and Distribution Managers (http://www.bls.gov/​oes/​current/​oes_​nat.htm). The DEA considers this occupational category to be representative of the type of employee that is likely to fill out and submit import permits on behalf of a DEA registered importer. 8.  Bureau of Labor Statistics, “Employer Costs for Employee Compensation—March 2019” (ECEC) reports that average benefits for private industry is 30% of total compensation. The 30% of total compensation equates to 42.86% (30% / 70%) load on wages and salaries. 9.  $45.54 × (1 + 0.4286) = $65.06. 10.  ($65.06 × 0.25) × 88 = $1,431.32. 11.  91% of import permits are submitted via paper form and delivered to DEA by an express carrier with respondent-paid means for return delivery. The estimated cost burden is $19.50 per response: 2 × $9.75 = $19.50. $9.75 is based on a major express carrier’s national 3-day flat rate for envelopes. The DEA assumes that 91% of import permits submitted in any given year incur this mailing cost. 12.  Estimates are based on the population of the regulated industry participating in these business activities. The DEA assumes that a general and operations manager (11-1021, 2018 Standard Occupational Classification) will complete the form on behalf of the applicant or registrant. 13.  Bureau of Labor Statistics, “Employer Costs for Employee Compensation—March 2019” (ECEC) reports that average benefits for private industry is 30% of total compensation. The 30% of total compensation equates to 42.86% (30% / 70%) load on wages and salaries. 14.  $59.56 × (1 + 0.4286) = $85.09. 15.  The DEA assumes all forms are submitted online. 16.  ($85.09 × 0.5) × 21 = $214.43.Back to Citation 17.  See FDA, Regulation of Cannabis and Cannabis-Derived Products: Questions and Answers, https://www.fda.gov/​news-events/​public-health-focus/​fda-regulation-cannabis-and-cannabis-derived-products-questions-and-answers#approved.Back to Citation 18.  Rounded down to the nearest whole number.Back to Citation 19.  ($65.06 × 0.25) × 52 = $845.74. 20.  52 × .91 = 47 (rounded down) permits mailed per year; 47 × $19.50 = $916.50. 21.  ($65.06 × 0.5) × 1 = $32.53.Back to Citation 22.  Ibid.Back to Citation 23.  The total average annual cost savings resulting from the decontrol of viable hemp seed ($3,225) and FDA-approved CBD products ($1,814).Back to Citation 24.  See Office of Mgmt. & Budget, Exec. Office of the President, OMB Circular A-4, Regulatory Analysis (2003).Back to Citation [FR Doc. 2020-17356 Filed 8-20-20; 8:45 am] BILLING CODE 4410-09-P The post Implementation of the Agriculture Improvement Act of 2018 appeared first on Komorn Law. View the full article
  16. Current as of 7-28-20 House: Adjourned until Thursday, August 6, 2020 10:00:00 AM Senate: Adjourned until Wednesday, July 29, 2020 10:00:00 AM Here is a list of some current bills introduced or passed in the legislative abyss for 2019-2020 so far. DocumentTypeDescriptionSB 0203 of 2019 (PA 3 of 2019)Senate BillMedical marihuana: licenses; definition of applicant; modify. Amends sec. 102 of 2016 PA 281 (MCL 333.27102). Last Action: 04/17/2019 – ASSIGNED PA 0003’19 WITH IMMEDIATE EFFECTHB 4127 of 2019 (PA 32 of 2020)House BillMedical marihuana; other; requirement for health warning labels on medical marihuana products sold in Michigan; provide for. Amends sec. 206 of 2016 PA 281 (MCL 333.27206). Last Action: 02/20/2020 – assigned PA 32’20 with immediate effectHB 4440 of 2019House BillMedical marihuana; licenses; operating a facility without a license; provide prohibition for ineligibility to receive a license. Amends sec. 402 of 2016 PA 281 (MCL 333.27402). Last Action: 04/30/2019 – REFERRED TO COMMITTEE OF THE WHOLEHB 4504 of 2019House BillWeapons; firearms; possessing or carrying a firearm while having a certain level of tetrahydrocannabinol in blood; allow prohibition. Amends sec. 7 of 2008 IL 1 (MCL 333.26427). TIE BAR WITH: HB 4501’19, HB 4503’19, HB 4502’19 Last Action: 04/30/2019 – bill electronically reproduced 04/25/2019HB 5085 of 2019House BillHealth occupations; veterinarians; consulting with animal owner on the use of marihuana and CBD oil; allow under certain circumstances. Amends 1978 PA 368 (MCL 333.1101 – 333.25211) by adding sec. 18817. Last Action: 02/26/2020 – referred to Committee on Ways and Means, with substitute (H-1)HB 5159 of 2019House BillMedical marihuana: other; marihuana that contains or has been combined with vitamin E acetate; prohibit the processing and sale of. Amends secs. 102, 502 & 504 of 2016 PA 281 (MCL 333.27102 et seq.) & adds sec. 407b. Last Action: 02/11/2020 – REFERRED TO COMMITTEE ON REGULATORY REFORMHB 5490 of 2020House BillMedical marihuana; administration; court-appointed individual to operate medical marihuana facility; allow, and require promulgation of rules to establish procedures. Amends secs. 102 & 206 of 2016 PA 281 (MCL 333.27102 & 333.27206) & adds sec. 206a. Last Action: 07/22/2020 – REFERRED TO COMMITTEE OF THE WHOLEHB 5547 of 2020House BillMedical marihuana; other; number of marihuana plants a licensee may grow; increase based on license type. Amends sec. 501 of 2016 PA 281 (MCL 333.27501). Last Action: 02/26/2020 – bill electronically reproduced 02/26/2020HB 5571 of 2020House BillFood; service establishments; issuance of a food service license to a licensed marihuana facility; allow if smoking marihuana is prohibited. Amends sec. 4107 of 2000 PA 92 (MCL 289.4107). Last Action: 03/03/2020 – bill electronically reproduced 03/03/2020HB 5622 of 2020House BillMedical marihuana; other; sale of marihuana to a registered qualifying patient who is visibly intoxicated; prohibit, and create cause of action for harm that the registered qualifying patient causes. Amends 2016 PA 281 (MCL 333.27101 – 333.27801) by adding sec. 504a. Last Action: 03/12/2020 – referred to Committee on Government OperationsHB 5700 of 2020House BillMedical marihuana; licenses; eligibility for medical marihuana license; modify. Amends sec. 102 & 402 of 2016 PA 281 (MCL 333.27102 & 333.27402). Last Action: 06/04/2020 – REFERRED TO COMMITTEE ON JUDICIARY AND PUBLIC SAFETYHB 5893 of 2020House BillMedical marihuana; other; rule prohibiting medical marihuana businesses from donating to nonprofit organizations; prohibit marijuana regulatory agency from promulgating. Amends secs. 102 & 206 of 2016 PA 281 (MCL 333.27102 & 333.27206). Last Action: 06/24/2020 – bill electronically reproduced 06/24/2020HB 5922 of 2020House BillMedical marihuana; licenses; proof of financial responsibility criteria; modify. Amends sec. 408 of 2016 PA 281 (MCL 333.27408). TIE BAR WITH: HB 5923’20 Last Action: 07/21/2020 – bill electronically reproduced 07/21/2020HB 5923 of 2020House BillMedical marihuana; other; references to medical marihuana licensing board; replace with marijuana regulatory agency. Amends sec. 102 of 2016 PA 281 (MCL 333.27102). TIE BAR WITH: HB 5922’19 Last Action: 07/21/2020 – bill electronically reproduced 07/21/2020HB 6022 of 2020House BillMedical marihuana; caregivers; operation of medical marihuana caregivers in residential neighborhoods; prohibited unless allowed by ordinance. Amends sec. 4 of 2008 IL 1 (MCL 333.26424). Last Action: 08/06/2020 – bill electronically reproduced 08/06/2020If you are interested in opening a cannabis business you will need an attorney. Selecting a law firm is important and choosing one who has been fighting for medical marijuana patients and caregivers, adult recreational use and the legal rights of their clients for over 25 years is one of the first steps in achieving your goal in becoming a cannabis entrepreneur. Selecting an attorney who you are comfortable with and can develop a relationship with is extremely important. Komorn Law is the most recommended down to earth firm. To learn more contact the office 248-357-2550 or do some research on the website Komorn Law. Komorn Law Social Media Recent Posts Michigan Medical Marihuana – Legislative Bills Being a Registered Nurse and a Medical Marijuana Patient Revisiting People vs Feezel Michigan Expands The Social Equity Program Impaired Driving: According to the CDC Tag Cloud 2020 autism BMMR cannabis CBD corona virus corruption. prosecutors covid-19 DEA detroit dispensary DUI expungement forfeiture ginnifer hency hemp komorn komornlaw lara LARA ALERTS LARA Bulletin LARA FAQ Law law enforcement abuse laws legal Legalization marijuana medical Medical Marijuana Michigan MMFLA MMMA MMMA Regulations MRA news police politics Recreational Cannabis Remote science shattuck supreme court Traffic Stop Vote DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney. The post Michigan Medical Marihuana – Legislative Bills appeared first on Komorn Law. View the full article
  17. This registered nurse stood to lose their livelihood or were going to be quietly forced into rehabilitation. Who Knew? Who knew that LARA was punishing Registered Nurses merely because they are a medical cannabis patient? Who knew that the same government agency (LARA) that regulates the licensing of the Physician (who recommended the use of medical cannabis,) and also regulates the licensing of Registered Nurses, punish those same Licensed Registered Nurses (by suspending and or attempting to revoke their Nursing Licenses) merely for following the medical advice and proscribed medical treatments made to them by their State Licensed Physician? Who knew that “Cannabis Dependence” with “Cannabis use disorder,” “Mild” was a medical diagnosis? Who knew that this so called disorder was categorized as “Mild” and or “Spicy”? Who knew that the States protocol for this “diagnosis” , mandates that the registered nurse admit to this disorder, sign a contract to complete an unknown length and unknown terms of substance abuse treatment, as a condition of retaining that nursing license? Who knew that this could be done without any evidence regarding the registered nurses performance at work? Who knew this could be done with evidence that the registered nurses performance at work was impeccable? Who knew that the Physicians contracted with the State (Health Professional Recovery Program -HPRP), and acting on behalf of LARA ( who diagnose medical cannabis patients with “Cannabis Dependence” with “Cannabis use disorder,” “Mild” ) and those that regulate nursing licenses don’t distinguish between active delta-9 THC, and any other cannabinoids, including the metabolite of THC, 11 Carboxy THC (which is not a controlled substance)? See an important Michigan Supreme Court Opinion – People vs Feezel Enter Komorn Law All of the above are real, and circumstances that we encountered in this more than a year long battle, with the Michigan licensing agency. Because of my client’s relentless and passionate pursuit for justice in their case. This Licensed Nurse is no longer left . Almost from day one, we were ready and looking forward to litigating this matter. My client, refused to settle, and there was no reason that they should. Komorn Law PLLC, is proud to announce another huge win and a long hard fought victory. Victory This past week we received the final order dismissing the complaint, and re-activating their nursing license. In light of the MMMA, the MMFLA and the MRTMA, this issue like many others remain overlooked, as unfinished business that the State of Michigan has failed to address. For a full perspective of this issue, see the link to the complaint filed in Federal Court, relating to HPRP. HPRP-Class-Action-Complaint. Additional links on this topic. ( that nursing power point I sent earlier) Huge Shout out to everyone at Komorn Law PLLC, specifically Ally McCormick, Steve Miller, Jenifer St. Amant, Jeff Frazier and Dan, nice job team!! Why Are You Here? Either you’re here just out of interest or you are searching for an attorney. If you need a law firm to protect and fight for your rights call our office 248-357-2550 or visit KomornLaw.com and do your research. Komorn Law Social Media Recent Posts Being a Registered Nurse and a Medical Marijuana Patient Revisiting People vs Feezel Michigan Expands The Social Equity Program Impaired Driving: According to the CDC Michigan strengthens up roadside drug testing with addition of at least 32 officers Tag Cloud 2020 autism BMMR cannabis CBD corona virus corruption. prosecutors covid-19 DEA detroit dispensary DUI expungement forfeiture ginnifer hency hemp komorn komornlaw lara LARA ALERTS LARA Bulletin LARA FAQ Law law enforcement abuse laws legal Legalization marijuana medical Medical Marijuana Michigan MMFLA MMMA MMMA Regulations MRA news police politics Recreational Cannabis Remote science shattuck supreme court Traffic Stop Vote DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney. The post Being a Registered Nurse and a Medical Marijuana Patient appeared first on Komorn Law. View the full article
  18. Michigan Supreme Court Opinion PEOPLE vs FEEZEL FILED JUNE 8, 2010 Feezel was driving when he encountered an intoxicated pedestrian in the street. Feezel struck the pedestrian whom as a result of the accident passed away. Feezel’s blood was analyzed which contained 6 nanograms of a THC metabolite called 11 Carboxy THC. Feezel was charged with OWI causing death and operating with the presence of a schedule one controlled substance. The trial judge refused to admit the evidence that the victim was extremely intoxicated. Feezel was convicted and appealed. The question was… whether the THC metabolite (defined below) was a derivative of THC thus making it a schedule one. The Michigan Supreme Court ruled that it was not (see linked opinion). In order to be convicted of Operating with the presence of drugs it must be active THC and not a metabolite. The court also ruled that the victim’s intoxication was material and should have been admitted into evidence. The People vs Feezel opinion by the Michigan Supreme Court has been used in many cases since as well as other case law. Many can be found listed here. Either you’re here just out of interest or you are searching for an attorney. If you need a law firm to protect and fight for your rights call our office 248-357-2550 or visit KomornLaw.com and do your research. The justice system doesn’t like winners unless it’s them…They don’t like us. What are drug metabolites? A drug metabolite is a byproduct of the body breaking down, or “metabolizing,” a drug into a different substance. The process of metabolizing a drug is predictable and certain; everyone metabolizes drugs the same way. Therefore, the presence of a drug metabolite can be a reliable indicator that a person used the “parent” drug of that metabolite. Some metabolites remain in the body much longer than a drug. A drug test has a higher chance of identifying a user by looking for the metabolites of a drug, rather than the parent drug. Some examples of drug tests that detect metabolites, rather than the drug: Marijuana THC is the active substance in marijuana. The body quickly metabolizes the THC molecule into several metabolites with long chemical names. Urine drug tests typically detect the THC-COOH (nor-delta-9-tetrahydrocannabinol) metabolite to identify marijuana users because it stays in the body much longer than the active THC drug. Cocaine A typical cocaine drug test kit looks for the presence of the metabolite benzoylecgonine. The presence of benzoylecgonine in a person’s system indicates cocaine use. Benzoylecgonine stays in a person’s system significantly longer than cocaine. Nicotine Nicotine is metabolized into cotinine, which has a much longer life in the body than the nicotine drug. A urine drug test for “nicotine” looks for the presence of cotinine as a sign of tobacco use. If you are looking for an attorney that will fight for you. You found him. Michael Komorn – provides DUI, drugged driving and criminal defense passionately an aggressively. Call The Office 248-357-2550 or visit KomornLaw.com Recent Posts Being a Registered Nurse and a Medical Marijuana Patient Revisiting People vs Feezel Michigan Expands The Social Equity Program Impaired Driving: According to the CDC Michigan strengthens up roadside drug testing with addition of at least 32 officers The post Revisiting People vs Feezel appeared first on Komorn Law. View the full article
  19. May 19, 2020 – The Marijuana Regulatory Agency (MRA) announced today an expansion of the eligibility criteria to its social equity program, as well as increased benefits, further reduced fees, and enhanced eligibility for certain applicants. Beginning June 1, 2020, this expansion will increase the number of disproportionately impacted communities from 41 to 184 and will make it easier for individuals from those communities to qualify to participate in the program. Expanded Communities Section 8 of the Michigan Regulation and Taxation of Marijuana Act (MRTMA) requires the Marijuana Regulatory Agency (MRA) to develop 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. From the results of last year’s survey and workgroups, the MRA developed a Social Equity Program that identifies communities as eligible using two criteria: marijuana-related convictions and poverty rate. Currently, communities which have marijuana-related convictions greater than the state median and have 30% or more of the population living below the federal poverty level are identified as disproportionately impacted communities. On June 1, 2020, communities with 20% or more of the population living below the federal poverty level will now qualify. This expansion will result in 184 disproportionately impacted communities. The complete list is available at the end of this document. Fee Reduction: Eligibility Changes and Expansion Effective June 1, 2020, applicants will no longer be required to live in a disproportionately impacted community to be eligible for a marijuana-related conviction fee reduction or a caregiver fee reduction. In addition, a 40% fee reduction has been added for applicants who have been convicted of a marijuana-related felony. Below are available fee reductions, effective June 1, 2020: ___________________________________________________________ Residency – 25% fee reduction for residency in a disproportionately impacted community for at least 5 cumulative years of the last 10 years. Marijuana-Related Conviction – 25% fee reduction for having been convicted of a marijuana-related misdemeanor** OR 40% fee reduction or having been convicted of a marijuana-related felony** **Excluding distribution of a controlled substance to a minor Caregiver – 10% fee reduction for registration as a primary caregiver under the Michigan Medical Marijuana Act for at least 2 years between 2008-2017 _______________________________________________________________ Effective June 1, 2020, applicants/licensees who qualify for the maximum fee reduction will now receive a 75% reduction in their application and annual licensing fees. An applicant can meet any of the above criteria and be eligible for the associated fee reduction, regardless of where they reside in Michigan. Currently, fee reductions last indefinitely so long as the applicant/licensee remains eligible for the fee reductions and operates within a disproportionately impacted community. Beginning June 1, 2020, applicants/licenses may now operate outside of a disproportionately impacted community; if they choose to do so, the fee reductions will expire after the first two years of operation. Application Assistance, Resources, Employment, and Training The MRA’s social equity representatives will continue to assist individuals with completing the social equity application, which will allow the MRA to determine if the individual qualifies for participation in the program. At this time, the social equity team will be providing remote application assistance to qualifying applicants applying for adult-use licenses. This will be available on a one-on-one basis as plans are made for a safe return to in-person sessions. Later this year the MRA will host a job fair. We are preparing to post job listings on our website and connect qualifying applicants with training resources that will help them develop the skills necessary for employment in the marijuana industry. Komorn Law has been at the forefront of commercial marijuana regulatory compliance since the inception of the industry. Put our extensive experience to work for you by calling us at 248-357-2550 or contacting us online. List of Communities by County Allegan: Fennville, Lee Township Arenac: Alger, Sterling Barry: Nashville Bay: Bay City, Midland, Pinconning Berrien: Benton Harbor, Berrien Spring, Coloma, Eau Claire, Niles, Oronoko Township, Sodus Township, Watervliet Branch: Bronson, Butler Township, Coldwater, Gilead Township, Quincy, Sherwood, Sherwood Township, Union City Calhoun: Albion, Battle Creek, Springfield, Tekonsha, Tekonsha Township, Union City Cass: Cassopolis, Dowagiac, Edwardsburg, Lagrange Township, Marcellus, Vandalia Eaton: Charlotte, Vermontville Emmet: McKinley Township, Wawatam Township Genesee: Clio, Flint, Flint Township, Mt. Morris, Mt. Morris Township Gratiot: Alma, Bethany Township, Breckenridge, Fulton Township, Perrinton, Seville Township, Wheeler Township Hillsdale: Montgomery Ingham: East Lansing, Lansing Ionia: Ionia, Muir, Orleans Township, Ronald Township Isabella: Coldwater Township, Fremont Township, Mt. Pleasant, Shepherd Jackson: Hanover, Jackson, Springport Kalamazoo: Galesburg, Kalamazoo Kent: Cedar Springs, Grand Rapids Lapeer: Clifford, Columbiaville, Imlay City, Lapeer Lenawee: Adrian, Morenci Macomb: Center Line, Mt. Clemens Mecosta: Aetna Township, Barryton, Big Rapids, Deerfield Township, Fork Township, Mecosta, Millbrook Township, Morley, Sheridan Township, Stanwood, Wheatland Township Monroe: Luna Pier Montcalm: Carson City, Crystal Township, Edmore, Greenville, Home Township, Howard City, Lakeview, McBride, Pierson, Stanton Muskegon: Holton Township, Muskegon, Muskegon Heights, Twin Lake Newaygo: Beaver Township, Big Prairie Township, Bridgeton Township, Denver Township, Fremont, Grant, Hesperia, Lilley Township, Merrill Township, Newaygo, Troy Township, White Cloud, Wilcox Township Oakland: Hazel Park, Pontiac, Royal Oak Township Ogemaw: Horton Township, Prescott, Richland Township, Rose City, West Branch Ottawa: Allendale Township Roscommon: Higgins Township, Richfield Township, Roscommon, Roscommon Township, St. Helen Saginaw: Bridgeport Township, Carrollton Township, Chapin Township, Chesaning, Kochville Township, Marion Township, Saginaw, Spaulding Township Shiawassee: Owosso St. Clair: Port Huron St. Joseph: Sturgis, Sturgis Township, Three Rivers, White Pigeon Township Tuscola: Akron, Caro, Dayton Township, Gagetown, Gilford Township, Kingston, Koylton Township, Mayville, Vassar, Vassar Township Van Buren: Arlington Township, Bangor Township, Bloomingdale, Breedsville, Columbia Township, Covert Township, Decatur, Decatur Township, Hartford, Keeler Township, Lawrence, Mattawan, Paw Paw, South Haven Washtenaw: Ann Arbor, Ypsilanti Wayne: Dearborn, Detroit, Ecorse, Hamtramck, Highland Park, Inkster, Melvindale, River Rouge, Wayne Wexford: Antioch Township, Cadillac, Colfax Township, Mesick, Slagle Township Source: https://www.michigan.gov/som/0,4669,7-192-47796-529549–,00.html Recent Posts Michigan Expands The Social Equity Program Impaired Driving: According to the CDC Michigan strengthens up roadside drug testing with addition of at least 32 officers Making Low Level Misdemeanors – Civil Infractions THE POLITICS OF PROSECUTORS The post Michigan Expands The Social Equity Program appeared first on Komorn Law. View the full article
  20. New law allows roadside drug testing throughout state – Whitmer signs roadside drug testing into law. LANSING, MI (WILX) — Gov. Gretchen Whitmer signed three bills into law Thursday, including one that allows roadside drug testing. Senate Bill 718 establishes a one-year pilot program in five counties that will be selected by Michigan State Police, Whitmer’s office said in a news release. Under the law, drivers can be tested for controlled substance use. The MSP will also conduct another one-year program, adding more counties, at the end of the first one. The MSP then expanded the program to every county in the state. The agency will then have 90 days to submit a report to the state legislature detailing the number of traffic stops resulting in arrests for operating a vehicle under the influence of a controlled substance. The report must also say how many convictions were obtained from those arrests. MLIVE Michigan added at least 32 officers known as “drug recognition experts” to its roadside drug testing program between January and March 4, according to data state police provided MLive and a state House committee. State police are heading the expanded pilot program that is now in its second year and has grown to include law enforcement in all 83 Michigan counties. The second year of the pilot concludes Aug. 31, after which state police have 90 days to present results of the program to the legislature. In the meantime, the frequency and results of roadside drug tests being performed by drug recognition experts, who include state police, sheriff’s deputies, tribal, university and local police, remain secret. “There will be no data available until the pilot concludes, the results are analyzed and a report is prepared,” MSP spokeswoman Shanon Banner said Thursday, June 11. The program had 125 officers in January, Banner said at the time. The letter urged the committee to support Senate Bill 718, designed to clarify language in an existing law that outlined the roadside drug testing program. Gov. Gretchen Whitmer signed the bill into law Thursday; however, it doesn’t impact the scope of the pilot program. Read the rest here at MLIVE SIGNED BY THE GOVERNOR AND EFFECTIVE IMMEDIATELY (June 11, 2020) Act No. 87 Public Acts of 2020 Approved by the Governor June 11, 2020 Filed with the Secretary of State June 11, 2020 EFFECTIVE DATE: June 11, 2020 ENROLLED SENATE BILL No. 718 STATE OF MICHIGAN 100TH LEGISLATURE REGULAR SESSION OF 2020 Introduced by Senator MacGregor ENROLLED SENATE BILL No. 718 AN ACT to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 625t (MCL 257.625t), as added by 2016 PA 243. The People of the State of Michigan enact: Sec. 625t (1) The department of state police may establish a pilot program in this state for roadside drug testing to determine whether an individual is operating a vehicle while under the influence of a controlled substance in violation of section 625. (2) A pilot program established under this section shall be for a period of 1 calendar year. The funding of a pilot program established under this section is subject to appropriation. (3) The department of state police shall develop a written policy for the implementation of the pilot program and the administration of roadside drug testing. (4) The department of state police may promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to implement a pilot program established under this section. (5) Not more than 90 days after the conclusion of a pilot program established under this section, the department of state police shall submit a report to the legislative committees of the senate and house of representatives with primary responsibility for judicial and criminal justice issues. The report shall cover both of the following: (a) The different types of law enforcement agencies in the pilot program participant counties that engaged in roadside drug testing. (b) Relevant statistical data, including, but not limited to, the following: (i) The number of traffic stops resulting in an arrest for operating under the influence of a controlled substance in violation of section 625 as a result of roadside drug testing by a certified drug recognition expert. (ii) The number and type of convictions resulting from an arrest made based on the result of a roadside drug test by a certified drug recognition expert. (6) As used in this section: (a) “Certified drug recognition expert” means a law enforcement officer trained to recognize impairment in a driver under the influence of a controlled substance rather than, or in addition to, alcohol. (b) “Controlled substance” means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104. This act is ordered to take immediate effect. Related: Defense attorney says drivers should refuse Michigan’s new roadside drug tests If you are looking for an attorney that will fight for you. You found him. Michael Komorn – provides DUI, drugged driving and criminal defense passionately an aggressively. Call The Office 248-357-2550 or visit KomornLaw.com MICHIGAN VEHICLE CODE (EXCERPT) Act 300 of 1949 257.625t – Roadside drug testing pilot program. Sec. 625t. (1) The department of state police may establish a pilot program in 5 counties in this state for roadside drug testing to determine whether an individual is operating a vehicle while under the influence of a controlled substance in violation of section 625. (2) A pilot program established under this section shall be for a period of 1 calendar year. The funding of a pilot program established under this section is subject to appropriation. (3) Except as provided in subsection (8), the department of state police shall select 5 counties in which to implement a pilot program established under this section. (4) A county is eligible to participate in the pilot program if the county has a law enforcement agency within its boundary, including, but not limited to, a state police post, a sheriff’s department, or a municipal police department, that employs not fewer than 1 law enforcement officer who is a certified drug recognition expert. (5) The department of state police shall develop a written policy for the implementation of the pilot program and the administration of roadside drug testing. (6) The department of state police may promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to implement a pilot program established under this section. (7) Not more than 90 days after the conclusion of a pilot program established under this section, the department of state police shall submit a report to the legislative committees of the senate and house of representatives with primary responsibility for judicial and criminal justice issues. The report shall cover all of the following: (a) How pilot program participant counties were selected. (b) The different types of law enforcement agencies in the pilot program participant counties that engaged in roadside drug testing. (c) Relevant statistical data, including, but not limited to, the following: (i) The number of traffic stops resulting in an arrest for operating under the influence of a controlled substance in violation of section 625 as a result of roadside drug testing by a certified drug recognition expert. (ii) The number and type of convictions resulting from an arrest made based on the result of a roadside drug test by a certified drug recognition expert. (8) Upon the conclusion of a pilot program established under this section, the department of state police may, subject to appropriation, establish additional pilot programs in eligible counties not included among the 5 counties initially selected under subsection (3). The duration of a pilot program established under this subsection shall be for a period of 1 year. (9) As used in this section: (a) “Certified drug recognition expert” means a law enforcement officer trained to recognize impairment in a driver under the influence of a controlled substance rather than, or in addition to, alcohol. (b) “Controlled substance” means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104. If you are looking for an attorney that will fight for you. You found him. Michael Komorn – provides DUI, drugged driving and criminal defense passionately an aggressively. Call The Office 248-357-2550 or visit KomornLaw.com Related: https://www.mlive.com/public-interest/2020/01/defense-attorneys-say-drivers-should-refuse-michigans-new-roadside-drug-tests.html MICHIGAN VEHICLE CODE (EXCERPT) Act 300 of 1949 257.625 Operating motor vehicle while intoxicated; “operating while intoxicated” defined; operating motor vehicle when visibly impaired; penalties for causing death or serious impairment of a body function; operation of motor vehicle by person less than 21 years of age; “any bodily alcohol content” defined; requirements; controlled substance; costs; enhanced sentence; guilty plea or nolo contendere; establishment of prior conviction; special verdict; public record; burden of proving religious service or ceremony; ignition interlock device; definitions; prior conviction; violations arising out of same transaction. Sec. 625. (1) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person is operating while intoxicated. As used in this section, “operating while intoxicated” means any of the following: (a) The person is under the influence of alcoholic liquor, a controlled substance, or other intoxicating substance or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance. (b) The person has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine or, beginning October 1, 2021, the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. (c) The person has an alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. (2) The owner of a vehicle or a person in charge or in control of a vehicle shall not authorize or knowingly permit the vehicle to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor vehicles, within this state by a person if any of the following apply: (a) The person is under the influence of alcoholic liquor, a controlled substance, other intoxicating substance, or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance. (b) The person has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine or, beginning October 1, 2021, the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. (c) The person’s ability to operate the motor vehicle is visibly impaired due to the consumption of alcoholic liquor, a controlled substance, or other intoxicating substance, or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance. (3) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state when, due to the consumption of alcoholic liquor, a controlled substance, or other intoxicating substance, or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance, the person’s ability to operate the vehicle is visibly impaired. If a person is charged with violating subsection (1), a finding of guilty under this subsection may be rendered. (4) A person, whether licensed or not, who operates a motor vehicle in violation of subsection (1), (3), or (8) and by the operation of that motor vehicle causes the death of another person is guilty of a crime as follows: (a) Except as provided in subdivisions (b) and (c), the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $2,500.00 or more than $10,000.00, or both. The judgment of sentence may impose the sanction permitted under section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence. (b) If the violation occurs while the person has an alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, and within 7 years of a prior conviction, the person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not less than $2,500.00 or more than $10,000.00, or both. The judgment of sentence may impose the sanction permitted under section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence. (c) If, at the time of the violation, the person is operating a motor vehicle in a manner proscribed under section 653a and causes the death of a police officer, firefighter, or other emergency response personnel, the person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not less than $2,500.00 or more than $10,000.00, or both. This subdivision applies regardless of whether the person is charged with the violation of section 653a. The judgment of sentence may impose the sanction permitted under section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence. (5) A person, whether licensed or not, who operates a motor vehicle in violation of subsection (1), (3), or (8) and by the operation of that motor vehicle causes a serious impairment of a body function of another person is guilty of a crime as follows: (a) Except as provided in subdivision (b), the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both. The judgment of sentence may impose the sanction permitted under section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence. (b) If the violation occurs while the person has an alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, and within 7 years of a prior conviction, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not less than $1,000.00 or more than $5,000.00, or both. The judgment of sentence may impose the sanction permitted under section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence. (6) A person who is less than 21 years of age, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person has any bodily alcohol content. As used in this subsection, “any bodily alcohol content” means either of the following: (a) An alcohol content of 0.02 grams or more but less than 0.08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine or, beginning October 1, 2021, the person has an alcohol content of 0.02 grams or more but less than 0.10 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. (b) Any presence of alcohol within a person’s body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony. (7) A person, whether licensed or not, is subject to the following requirements: (a) He or she shall not operate a vehicle in violation of subsection (1), (3), (4), (5), or (8) while another person who is less than 16 years of age is occupying the vehicle. A person who violates this subdivision is guilty of a crime punishable as follows: (i) Except as provided in subparagraph (ii), a person who violates this subdivision is guilty of a misdemeanor and must be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and to 1 or more of the following: (A) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of this imprisonment must be served consecutively. This term of imprisonment must not be suspended. (B) Community service for not less than 30 days or more than 90 days. (ii) If the violation occurs within 7 years of a prior conviction or after 2 or more prior convictions, regardless of the number of years that have elapsed since any prior conviction, a person who violates this subdivision is guilty of a felony and must be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and to either of the following: (A) Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years. (B) Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days. Not less than 48 hours of this imprisonment must be served consecutively. This term of imprisonment must not be suspended. (b) He or she shall not operate a vehicle in violation of subsection (6) while another person who is less than 16 years of age is occupying the vehicle. A person who violates this subdivision is guilty of a misdemeanor punishable as follows: (i) Except as provided in subparagraph (ii), a person who violates this subdivision may be sentenced to 1 or more of the following: (A) Community service for not more than 60 days. (B) A fine of not more than $500.00. (C) Imprisonment for not more than 93 days. (ii) If the violation occurs within 7 years of a prior conviction or after 2 or more prior convictions, regardless of the number of years that have elapsed since any prior conviction, a person who violates this subdivision must be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and to 1 or more of the following: (A) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of this imprisonment must be served consecutively. This term of imprisonment must not be suspended. (B) Community service for not less than 30 days or more than 90 days. (c) In the judgment of sentence under subdivision (a)(i) or (b)(i), the court may, unless the vehicle is ordered forfeited under section 625n, order vehicle immobilization as provided in section 904d. In the judgment of sentence under subdivision (a)(ii) or (b)(ii), the court shall, unless the vehicle is ordered forfeited under section 625n, order vehicle immobilization as provided in section 904d. (d) This subsection does not prohibit a person from being charged with, convicted of, or punished for a violation of subsection (4) or (5) that is committed by the person while violating this subsection. However, points shall not be assessed under section 320a for both a violation of subsection (4) or (5) and a violation of this subsection for conduct arising out of the same transaction. (8) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person has in his or her body any amount of a controlled substance listed in schedule 1 under section 7212 of the public health code, 1978 PA 368, MCL 333.7212, or a rule promulgated under that section, or of a controlled substance described in section 7214(a)(iv) of the public health code, 1978 PA 368, MCL 333.7214. (9) If a person is convicted of violating subsection (1) or (8), all of the following apply: (a) Except as otherwise provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by 1 or more of the following: (i) Community service for not more than 360 hours. (ii) Imprisonment for not more than 93 days, or, if the person is convicted of violating subsection (1)(c), imprisonment for not more than 180 days. (iii) A fine of not less than $100.00 or more than $500.00, or, if the person is guilty of violating subsection (1)(c), a fine of not less than $200.00 or more than $700.00. (b) If the violation occurs within 7 years of a prior conviction, the person must be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and 1 or more of the following: (i) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of the term of imprisonment imposed under this subparagraph must be served consecutively. (ii) Community service for not less than 30 days or more than 90 days. (c) If the violation occurs after 2 or more prior convictions, regardless of the number of years that have elapsed since any prior conviction, the person is guilty of a felony and must be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and to either of the following: (i) Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years. (ii) Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days. Not less than 48 hours of the imprisonment imposed under this subparagraph must be served consecutively. (d) A term of imprisonment imposed under subdivision (b) or (c) must not be suspended. (e) In the judgment of sentence under subdivision (a), the court may order vehicle immobilization as provided in section 904d. In the judgment of sentence under subdivision (b) or (c), the court shall, unless the vehicle is ordered forfeited under section 625n, order vehicle immobilization as provided in section 904d. (f) In the judgment of sentence under subdivision (b) or (c), the court may impose the sanction permitted under section 625n. (10) A person who is convicted of violating subsection (2) is guilty of a crime as follows: (a) Except as provided in subdivisions (b) and (c), a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not less than $100.00 or more than $500.00, or both. (b) If the person operating the motor vehicle violated subsection (4), a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,500.00 or more than $10,000.00, or both. (c) If the person operating the motor vehicle violated subsection (5), a felony punishable by imprisonment for not more than 2 years or a fine of not less than $1,000.00 or more than $5,000.00, or both. (11) If a person is convicted of violating subsection (3), all of the following apply: (a) Except as otherwise provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by 1 or more of the following: (i) Community service for not more than 360 hours. (ii) Imprisonment for not more than 93 days. (iii) A fine of not more than $300.00. (b) If the violation occurs within 7 years of 1 prior conviction, the person must be sentenced to pay a fine of not less than $200.00 or more than $1,000.00, and 1 or more of the following: (i) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of the term of imprisonment imposed under this subparagraph must be served consecutively. (ii) Community service for not less than 30 days or more than 90 days. (c) If the violation occurs after 2 or more prior convictions, regardless of the number of years that have elapsed since any prior conviction, the person is guilty of a felony and must be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and either of the following: (i) Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years. (ii) Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days. Not less than 48 hours of the imprisonment imposed under this subparagraph must be served consecutively. (d) A term of imprisonment imposed under subdivision (b) or (c) must not be suspended. (e) In the judgment of sentence under subdivision (a), the court may order vehicle immobilization as provided in section 904d. In the judgment of sentence under subdivision (b) or (c), the court shall, unless the vehicle is ordered forfeited under section 625n, order vehicle immobilization as provided in section 904d. (f) In the judgment of sentence under subdivision (b) or (c), the court may impose the sanction permitted under section 625n. (12) If a person is convicted of violating subsection (6), all of the following apply: (a) Except as otherwise provided in subdivision (b), the person is guilty of a misdemeanor punishable by 1 or both of the following: (i) Community service for not more than 360 hours. (ii) A fine of not more than $250.00. (b) If the violation occurs within 7 years of 1 or more prior convictions, the person may be sentenced to 1 or more of the following: (i) Community service for not more than 60 days. (ii) A fine of not more than $500.00. (iii) Imprisonment for not more than 93 days. (13) In addition to imposing the sanctions prescribed under this section, the court may order the person to pay the costs of the prosecution under the code of criminal procedure, 1927 PA 175, MCL 760.1 to 777.69. (14) A person sentenced to perform community service under this section must not receive compensation and must reimburse the state or appropriate local unit of government for the cost of supervision incurred by the state or local unit of government as a result of the person’s activities in that service. (15) If the prosecuting attorney intends to seek an enhanced sentence under this section or a sanction under section 625n based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information, or an amended complaint and information, filed in district court, circuit court, municipal court, or family division of circuit court, a statement listing the defendant’s prior convictions. (16) If a person is charged with a violation of subsection (1), (3), (4), (5), (7), or (8) or section 625m, the court shall not permit the defendant to enter a plea of guilty or nolo contendere to a charge of violating subsection (6) in exchange for dismissal of the original charge. This subsection does not prohibit the court from dismissing the charge upon the prosecuting attorney’s motion. (17) A prior conviction must be established at sentencing by 1 or more of the following: (a) A copy of a judgment of conviction. (b) An abstract of conviction. (c) A transcript of a prior trial or a plea-taking or sentencing proceeding. (d) A copy of a court register of actions. (e) A copy of the defendant’s driving record. (f) Information contained in a presentence report. (g) An admission by the defendant. (18) Except as otherwise provided in subsection (20), if a person is charged with operating a vehicle while under the influence of a controlled substance or other intoxicating substance or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance in violation of subsection (1) or a local ordinance substantially corresponding to subsection (1), the court shall require the jury to return a special verdict in the form of a written finding or, if the court convicts the person without a jury or accepts a plea of guilty or nolo contendere, the court shall make a finding as to whether the person was under the influence of a controlled substance or other intoxicating substance or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance at the time of the violation. (19) Except as otherwise provided in subsection (20), if a person is charged with operating a vehicle while his or her ability to operate the vehicle was visibly impaired due to his or her consumption of a controlled substance or other intoxicating substance or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance in violation of subsection (3) or a local ordinance substantially corresponding to subsection (3), the court shall require the jury to return a special verdict in the form of a written finding or, if the court convicts the person without a jury or accepts a plea of guilty or nolo contendere, the court shall make a finding as to whether, due to the consumption of a controlled substance or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance, the person’s ability to operate a motor vehicle was visibly impaired at the time of the violation. (20) A special verdict described in subsections (18) and (19) is not required if a jury is instructed to make a finding solely as to either of the following: (a) Whether the defendant was under the influence of a controlled substance or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance at the time of the violation. (b) Whether the defendant was visibly impaired due to his or her consumption of a controlled substance or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance at the time of the violation. (21) If a jury or court finds under subsection (18), (19), or (20) that the defendant operated a motor vehicle under the influence of or while impaired due to the consumption of a controlled substance or a combination of a controlled substance, an alcoholic liquor, or other intoxicating substance, the court shall do both of the following: (a) Report the finding to the secretary of state. (b) On a form or forms prescribed by the state court administrator, forward to the department of state police a record that specifies the penalties imposed by the court, including any term of imprisonment, and any sanction imposed under section 625n or 904d. (22) Except as otherwise provided by law, a record described in subsection (21)(b) is a public record and the department of state police shall retain the information contained on that record for not less than 7 years. (23) In a prosecution for a violation of subsection (6), the defendant bears the burden of proving that the consumption of alcoholic liquor was a part of a generally recognized religious service or ceremony by a preponderance of the evidence. (24) The court may order as a condition of probation that a person convicted of violating subsection (1) or (8), or a local ordinance substantially corresponding to subsection (1) or (8), shall not operate a motor vehicle unless that vehicle is equipped with an ignition interlock device approved, certified, and installed as required under sections 625k and 625l. (25) As used in this section: (a) “Intoxicating substance” means any substance, preparation, or a combination of substances and preparations other than alcohol or a controlled substance, that is either of the following: (i) Recognized as a drug in any of the following publications or their supplements: (A) The official United States Pharmacopoeia. (B) The official Homeopathic Pharmacopoeia of the United States. (C) The official National Formulary. (ii) A substance, other than food, taken into a person’s body, including, but not limited to, vapors or fumes, that is used in a manner or for a purpose for which it was not intended, and that may result in a condition of intoxication. (b) “Prior conviction” means a conviction for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state, subject to subsection (27): (i) Except as provided in subsection (26), a violation or attempted violation of any of the following: (A) This section, except a violation of subsection (2), or a violation of any prior enactment of this section in which the defendant operated a vehicle while under the influence of intoxicating or alcoholic liquor or a controlled substance, or a combination of intoxicating or alcoholic liquor and a controlled substance, or while visibly impaired, or with an unlawful bodily alcohol content. (B) Section 625m. (C) Former section 625b. (ii) Negligent homicide, manslaughter, or murder resulting from the operation of a vehicle or an attempt to commit any of those crimes. (iii) Section 601d or 626(3) or (4). (26) Except for purposes of the enhancement described in subsection (12)(b), only 1 violation or attempted violation of subsection (6), a local ordinance substantially corresponding to subsection (6), or a law of another state substantially corresponding to subsection (6) may be used as a prior conviction. (27) If 2 or more convictions described in subsection (25) are convictions for violations arising out of the same transaction, only 1 conviction must be used to determine whether the person has a prior conviction. History: 1949, Act 300, Eff. Sept. 23, 1949 ;– Am. 1951, Act 270, Eff. Sept. 28, 1951 ;– Am. 1954, Act 10, Eff. Aug. 13, 1954 ;– Am. 1956, Act 34, Eff. Aug. 11, 1956 ;– Am. 1958, Act 113, Eff. Sept. 13, 1958 ;– Am. 1976, Act 285, Eff. Apr. 1, 1977 ;– Am. 1978, Act 57, Imd. Eff. Mar. 10, 1978 ;– Am. 1978, Act 391, Eff. Jan. 15, 1979 ;– Am. 1980, Act 515, Eff. Apr. 1, 1981 ;– Am. 1982, Act 309, Eff. Mar. 30, 1983 ;– Am. 1987, Act 109, Eff. Mar. 30, 1988 ;– Am. 1991, Act 98, Eff. Jan. 1, 1992 ;– Am. 1993, Act 359, Eff. Sept. 1, 1994 ;– Am. 1994, Act 211, Eff. Nov. 1, 1994 ;– Am. 1994, Act 448, Eff. May 1, 1995 ;– Am. 1994, Act 449, Eff. May 1, 1995 ;– Am. 1996, Act 491, Eff. Apr. 1, 1997 ;– Am. 1998, Act 350, Eff. Oct. 1, 1999 ;– Am. 1999, Act 73, Eff. Oct. 1, 1999 ;– Am. 2000, Act 77, Eff. Oct. 1, 2000 ;– Am. 2000, Act 460, Eff. Mar. 28, 2001 ;– Am. 2003, Act 61, Eff. Sept. 30, 2003 ;– Am. 2004, Act 62, Eff. May 3, 2004 ;– Am. 2006, Act 564, Imd. Eff. Jan. 3, 2007 ;– Am. 2008, Act 341, Eff. Jan. 1, 2009 ;– Am. 2008, Act 462, Eff. Oct. 31, 2010 ;– Am. 2008, Act 463, Eff. Oct. 31, 2010 ;– Am. 2012, Act 543, Eff. Mar. 31, 2013 ;– Am. 2013, Act 23, Imd. Eff. May 9, 2013 ;– Am. 2014, Act 219, Eff. Sept. 24, 2014 ;– Am. 2017, Act 153, Eff. Feb. 6, 2018 Compiler’s Notes: Section 2 of Act 309 of 1982 provides: “All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this amendatory act takes effect are saved and may be consummated according to the law in force when they are commenced. This amendatory act shall not be construed to affect any prosecution pending or initiated before the effective date of this amendatory act, or initiated after the effective date of this amendatory act for an offense committed before that effective date.” Popular Name: Heidi’s Law © 2020 Legislative Council, State of Michigan Komorn Law has been at the forefront of commercial marijuana regulatory compliance since the inception of the industry. Put our extensive experience to work for you by calling us at 248-357-2550 or contacting us online. PUBLIC HEALTH CODE (EXCERPT) Act 368 of 1978 333.7212 Schedule 1; controlled substances included. Sec. 7212. (1) The following controlled substances are included in schedule 1: (a) Any of the following opiates, including their isomers, esters, the ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, when the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation: Acetylmethadol Difenoxin Noracymethadol Allylprodine Dimenoxadol Norlevorphanol Alpha-acetylmethadol Dimepheptanol Normethadone Alphameprodine Dimethylthiambutene Norpipanone Alphamethadol Dioxaphetyl butyrate Phenadoxone Benzethidine Dipipanone Phenampromide Betacetylmethadol Ethylmethylthiambutene Phenomorphan Betameprodine Etonitazene Phenoperidine Betamethadol Etoxeridine Piritramide Betaprodine Furethidine Proheptazine Clonitazene Hydroxypethidine Properidine Dextromoramide Ketobemidone Propiram Diampromide Levomoramide Racemoramide Diethylthiambutene Levophenacylmorphan Trimeperidine Morpheridine (b) Any of the following opium derivatives, their salts, isomers, and salts of isomers, unless specifically excepted, when the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation: Acetorphine Drotebanol Morphine-N-Oxide Acetyldihydrocodeine Etorphine Myrophine Benzylmorphine Heroin Nicocodeine Codeine methylbromide Hydromorphinol Nicomorphine Codeine-N-Oxide Methyldesorphine Normorphine Cyprenorphine Methyldihydromorphine Pholcodine Desomorphine Morphine methylbromide Thebacon Dihydromorphine Morphine methylsulfonate (c) Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, unless specifically excepted, when the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation: 2-Methylamino-1-phenylpropan-1-one Some trade and other names: Methcathinone Cat Ephedrone 3, 4-methylenedioxy amphetamine 5-methoxy-3, 4-methylenedioxy amphetamine 3, 4, 5-trimethoxy amphetamine Bufotenine Some trade and other names: 3-(B-dimethylaminoethyl)-5 hydrozyindole 3-(2-dimethylaminoethyl)-5 indolol N,N-dimethylserotonin; 5-hydroxy-N-dimethyltryptamine Mappine 2, 5-Dimethoxyamphetamine Some trade or other names: 2, 5-Dimethoxy-a-methylphenethylamine; 2,5-DMA 4-Bromo-2, 5-Dimethoxyamphetamine Some trade or other names: 4-bromo-2, 5 dimethoxy-a-methylphenethylamine; 4-bromo 2,5-DMA Diethyltryptamine Some trade and other names: N,N-Diethyltryptamine; DET Dimethyltryptamine Some trade or other names: DMT 4-methyl-2, 5-dimethoxyamphetamine Some trade and other names: 4-methyl-2, 5-dimethoxy-a-methyl-phenethylamine DOM, STP 4-methoxyamphetamine Some trade or other names: 4-methoxy-a-methylphenethylamine; paramethoxy amphetamine; PMA Ibogaine Some trade and other names: 7-Ethyl-6,6a,7,8,9,10,12,13 Octahydro-2-methoxy-6,9-methano-5H- pyrido (1, 2:1, 2 azepino 4, 5-b) indole tabernanthe iboga Lysergic acid diethylamide Except as provided in subsection (2), Marihuana, including pharmaceutical-grade cannabis Mecloqualone Mescaline Peyote N-ethyl-3 piperidyl benzilate N-methyl-3 piperidyl benzilate Psilocybin Psilocyn Thiophene analog of phencyclidine Some trade or other names: 1-(1-(2-thienyl)cyclohexyl) piperidine 2-thienyl analog of phencyclidine; TPCP (d) Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of cannabis and synthetic substances, derivatives, and their isomers with similar chemical structure or pharmacological activity, or both, such as the following, are included in schedule 1: (i) /\1 cis or trans tetrahydrocannabinol, and their optical isomers. (ii) /\6 cis or trans tetrahydrocannabinol, and their optical isomers. (iii) /\3,4, cis or trans tetrahydrocannabinol, and their optical isomers. (e) Synthetic cannabinoids. As used in this subdivision, “synthetic cannabinoids” includes any material, compound, mixture, or preparation that is not otherwise listed as a controlled substance in this schedule or in schedules II through V, is not approved by the federal food and drug administration as a drug, and contains any quantity of the following substances, their salts, isomers (whether optical, positional, or geometric), homologues (analogs), and salts of isomers and homologues (analogs), unless specifically excepted, whenever the existence of these salts, isomers, homologues (analogs), and salts of isomers and homologues (analogs) is possible within the specific chemical designation: (i) Any compound containing a 3-(1-naphthoyl)indole structure, also known as napthoylindoles, with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted on the indole ring to any extent and whether or not substituted on the naphthyl ring to any extent. Examples of this structural class include but are not limited to: JWH-007, JWH-015, JWH-018, JWH-019, JWH-073, JWH-081, JWH-122, JWH-200, JWH-210, JWH-398, AM-1220, AM-2201, and WIN-55, 212-2. (ii) Any compound containing a 1H-indol-3-yl-(1-naphthyl)methane structure, also known as napthylmethylindoles, with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted on the indole ring to any extent and whether or not substituted on the naphthyl ring to any extent. Examples of this structural class include but are not limited to: JWH-175, and JWH-184. (iii) Any compound containing a 3-(1-naphthoyl)pyrrole structure, also known as naphthoylpyrroles with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2- piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted on the pyrrole ring to any extent and whether or not substituted on the naphthyl ring to any extent. Examples of this structural class include but are not limited to: JWH-370, JWH-030. (iv) Any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted on the indene ring to any extent and whether or not substituted on the naphthyl ring to any extent. Examples of this structural class include but are not limited to: JWH-176. (v) Any compound containing a 3-phenylacetylindole structure, also known as phenacetylindoles, with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted on the indole ring to any extent and whether or not substituted on the phenyl ring to any extent. Examples of this structural class include but are not limited to: RCS-8 (SR-18), JWH-250, JWH-203, JWH-251, and JWH-302. (vi) Any compound containing a 2-(3-hydroxycyclohexyl)phenol structure, also known as cyclohexylphenols, with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not substituted on the cyclohexyl ring to any extent. Examples of this structural class include but are not limited to: CP-47,497 (and homologues(analogs)), cannabicyclohexanol, and CP-55,940. (vii) Any compound containing a 3-(benzoyl)indole structure, also known as benzoylindoles, with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted on the indole ring to any extent and whether or not substituted on the phenyl ring to any extent. Examples of this structural class include but are not limited to: AM-694, pravadoline (WIN-48,098), RCS-4, AM-630, AM-679, AM-1241, and AM-2233. (viii) Any compound containing a 11-hydroxy-/\8-tetrahydrocannabinol structure, also known as dibenzopyrans, with further substitution on the 3-pentyl group by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkyethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group. Examples of this structural class include but are not limited to: HU-210, JWH-051, JWH-133. (ix) Any compound containing a 3-(L-adamantoyl)indole structure, also known as adamantoylindoles, with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted on the adamantyl ring system to any extent. Examples of this structural class include but are not limited to: AM-1248. (x) Any other synthetic chemical compound that is a cannabinoid receptor agonist and mimics the pharmacological effect of naturally occurring cannabinoids that is not listed in schedules II through V and is not approved by the federal food and drug administration as a drug. (f) Compounds of structures referred to in subdivision (d), regardless of numerical designation of atomic positions, are included. (g) Gamma-hydroxybutyrate and any isomer, salt, or salt of isomer of gamma-hydroxybutyrate. Some trade and other names: Sodium oxybate 4-hydroxybutanoic acid monosodium salt (h) 3,4-methylenedioxymethamphetamine. Some trade and other names: Ecstasy MDMA (i) N-Benzylpiperazine Some trade and other names: BZP Benzylpiperazine 1-(phenylmethyl)-piperazine (j) 3-Chlorophenylpiperazine Some trade and other names: MCPP (k) 1-(3-Trifluoromethylphenyl)piperazine Some trade and other names: TFMPP (l) 4-Bromo-2,5-dimethoxybenzylpiperazine Some trade and other names: 2C-B-BZP (m) All of the following: (i) (6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol. Some trade and other names: HU-210 (ii) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol and its side chain homologues. Some trade and other names: CP47,497 (iii) 1-pentyl-3-(1-naphthoyl)indole. Some trade and other names: JWH-018 (iv) 1-butyl-3-(1-naphthoyl)indole. Some trade and other names: JWH-073 (v) (2-methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl-methanone. Some trade and other names: JWH-015 (vi) [1-[2-(4-morpholinyl)ethyl]-1H-indol-3-yl]-1-naphthalenyl-methanone. Some trade and other names: JWH-200 (vii) 1-(1-pentyl-1H-indol-3-yl)-2-(2-methoxyphenyl)-ethanone. Some trade and other names: JWH-250 (n) Mephedrone (4-methylmethcathinone). Some trade and other names: 4-MMC, M-Cat, meow meow, miaow miaow, bounce, bubbles, bubble love, mad cow, plant food, drone, and neo doves (o) 4-Methyl-alpha-pyrrolidinobutyrophenone. Some trade and other names: MPBP (p) Methylenedioxypyrovalerone Some trade and other names: MDPV, Bath salts, charge plus, cloud nine, hurricane Charlie, ivory wave, ocean, red dove, scarface, sonic, white dove, white lightning (q) 5,6-Methylenedioxy-2-aminoindane Some trade and other names: MDAI Woof-woof (r) Naphyrone (Naphthylpyrovalerone) Some trade and other names: NRG-1 Rave (s) Pyrovalerone (1-(4-Methylphenyl)-2-(1-pyrrolidinyl)-1-pentanone) (t) Catha edulis; except as provided in subdivision (u) and section 7218, all parts of the plant presently classified botanically as catha edulis, whether growing or not; the leaves and seeds of that plant; any extract from any part of that plant; and every compound, salt, derivative, mixture, or preparation of that plant or its leaves, seeds, or extracts. Some trade and other names: Khat Qat (u) Cathinone. (v) Salvia divinorum; except as provided in subdivision (w), all parts of the plant presently classified botanically as salvia divinorum, whether growing or not; the leaves and seeds of that plant; any extract from any part of that plant; and every compound, salt, derivative, mixture, or preparation of that plant or its leaves, seeds, or extracts. (w) Salvinorin A. (x) Synthetic cathinones. As used in this subdivision, “synthetic cathinones” includes any material, compound, mixture, or preparation that is not otherwise listed as a controlled substance in this schedule or in schedules II through V, is not approved by the federal food and drug administration as a drug, and contains any quantity of the following substances, their salts, isomers (whether optical, positional, or geometric), homologues (analogs), and salts of isomers and homologues (analogs), unless specifically excepted, whenever the existence of these salts, isomers, homologues (analogs), and salts of isomers and homologues (analogs) is possible within the specific chemical designation: (i) Any compound containing a 2-amino-1-propanone structure with substitution at the 1-position with a monocyclic or fused polycyclic ring system and a substitution at the nitrogen atom by an alkyl group, cycloalkyl group, or incorporation into a heterocyclic structure. Examples of this structural class include, but are not limited to, dimethylcathinone, ethcathinone, and alpha-pyrrolidinopropiophenone. (ii) Any compound containing a 2-amino-1-propanone structure with substitution at the 1-position with a monocyclic or fused polycyclic ring system and a substitution at the 3-position carbon with an alkyl, haloalkyl, or alkoxy group. Examples of this structural class include, but are not limited to, naphyrone. (iii) Any compound containing a 2-amino-1-propanone structure with substitution at the 1-position with a monocyclic or fused polycyclic ring system and a substitution at any position of the ring system with an alkyl, haloalkyl, halogen, alkylenedioxy, or alkoxy group, whether or not further substituted at any position on the ring system to any extent. Examples of this structural class include, but are not limited to, mephedrone, methylone, and 3-fluoromethylone. (2) Marihuana, including pharmaceutical-grade cannabis, is a schedule 2 controlled substance if it is manufactured, obtained, stored, dispensed, possessed, grown, or disposed of in compliance with this act and as authorized by federal authority. (3) For purposes of subsection (1), “isomer” includes the optical, position, and geometric isomers. History: 1978, Act 368, Eff. Sept. 30, 1978 ;– Am. 1979, Act 125, Imd. Eff. Oct. 22, 1979 ;– Am. 1982, Act 352, Imd. Eff. Dec. 21, 1982 ;– Am. 1993, Act 25, Eff. May 1, 1993 ;– Am. 1998, Act 248, Imd. Eff. July 9, 1998 ;– Am. 2002, Act 710, Eff. Apr. 1, 2003 ;– Am. 2010, Act 171, Eff. Oct. 1, 2010 ;– Am. 2011, Act 88, Eff. Aug. 1, 2011 ;– Am. 2012, Act 183, Eff. July 1, 2012 ;– Am. 2013, Act 268, Imd. Eff. Dec. 30, 2013 Compiler’s Notes: In subsection (1)(e)(ix), “3-(L-adamantoyl)indole structure” evidently should read “3-(1-adamantoyl)indole structure.” Popular Name: Act 368 Drugs of Abuse AlcoholClub DrugsCocaineFentanylHallucinogensHeroinInhalantsKratomMarijuanaMDMA (Ecstasy/Molly)MethamphetamineOpioidsOver-the-Counter MedicinesPrescription MedicinesSteroids (Anabolic)Synthetic Cannabinoids (K2/Spice)Synthetic Cathinones (Bath Salts)Tobacco/Nicotine & Vaping The post Michigan strengthens up roadside drug testing with addition of at least 32 officers appeared first on Komorn Law. View the full article
  21. Concealed Pistol License Requirements An outline of requirements for those who want to obtain a Michigan Concealed Pistol License. A. State Requirements An applicant for a Michigan CPL must: 1. Be at least 21 years of age. 2. Be a citizen of the United States or an alien lawfully admitted into the United States. 3. Be a legal resident of Michigan and reside in Michigan for at least six months immediately prior to application. An applicant is a resident of Michigan if one of the following applies: • The applicant possesses a valid, lawfully obtained Michigan driver’s license or official Michigan personal identification card. • The applicant is lawfully registered to vote in Michigan. • The applicant is on active duty status with the United States Armed Forces and is stationed outside of Michigan, but Michigan is the applicant’s home of record. • The applicant is on active duty status with the United States Armed Forces and is permanently stationed in Michigan, but the applicant’s home of record is another state. Note: The county clerk shall waive the six-month residency requirement if one of the following applies: • For an emergency license, if the applicant is a petitioner for a personal protection order issued under MCL 600.2950 or MCL 600.2950a. • For an emergency license, if the county sheriff determines that there is clear and convincing evidence to believe that the safety of the applicant or the safety of a member of the applicant’s family or household is endangered by the applicant’s inability to immediately obtain a license to carry a concealed pistol. • For a new resident, if the applicant holds a valid concealed pistol license issued by another state at the time the applicant’s residency in this state is established 4. Have knowledge and training in the safe use and handling of a pistol by successfully completing an appropriate pistol safety training course or class. 5. Not be subject to an order or disposition for any of the following: • Involuntary hospitalization or involuntary alternative treatment. • Legal incapacitation. • Personal protection order. • Bond or conditional release prohibiting purchase or possession of a firearm. • Finding of not guilty by reason of insanity. 6. Not be prohibited from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm under MCL 750.224f. 7. Have never been convicted of a felony in Michigan or elsewhere, and a felony charge against the applicant is not pending in Michigan or elsewhere at the time he or she applies for a CPL. 8. Have not been dishonorably discharged from the United States Armed Forces. 9. Have not been convicted of a misdemeanor violation of any of the following in the eight years immediately preceding the date of the application and a charge for a misdemeanor violation of any of the following is not pending against the applicant in this state or elsewhere at the time he or she applies for a CPL: • MCL 257.617a, failing to stop when involved in a personal injury accident • MCL 257.625, operating while intoxicated or with any presence of a Schedule 1 controlled substance or cocaine, punishable as a second offense under, MCL 257.625(9)(b) • MCL 257.625m, operating a commercial motor vehicle with alcohol content, punishable as a second offense under MCL 257.625m(4) • MCL 257.626, reckless driving • MCL 257.904(1), operating while license suspended/revoked/denied or never applied for a license, punishable as a second or subsequent offense • MCL 259.185, operating an aircraft while under the influence of intoxicating liquor or a controlled substance with prior conviction • MCL 290.629, hindering or obstructing certain persons performing official weights and measures duties • MCL 290.650, hindering, obstructing, assaulting, or committing bodily injury upon director of the Department of Agriculture or authorized representative of the director • MCL 324.80176, operating a vessel under the influence of intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, punishable as a second or subsequent offense under MCL 324.80177(1)(b) • MCL 324.81134, operating an off-road vehicle (ORV) under the influence of alcoholic liquor or a controlled substance or with an unlawful alcohol content, punishable as a second or subsequent offense under MCL 324.81134(8)(b) • MCL 324.82127, operating a snowmobile under the influence of alcoholic liquor or a controlled substance, or with an unlawful blood alcohol content, or with any presence of a Schedule 1 controlled substance or cocaine, punishable as a second or subsequent offense under MCL 324.82128(1)(b) MCL 333.7403, possessing a controlled substance, controlled substance analogue, or prescription form • MCL 462.353, operating a locomotive under the influence of alcoholic liquor or a controlled substance, or while visibly impaired, punishable as a second offense under MCL 462.353(4) • MCL 722.677, displaying sexually explicit matter to minors • MCL 750.81, assault or domestic assault • MCL 750.81a(1) or (2), aggravated assault or aggravated domestic assault • MCL 750.115, breaking and entering or entering without breaking • MCL 750.136b(7), fourth-degree child abuse • MCL 750.145n, vulnerable adult abuse • MCL 750.157b(3)(b), solicitation to commit a felony • MCL 750.215, impersonating a peace officer or medical examiner • MCL 750.223, illegal sale of a firearm or ammunition • MCL 750.224d, illegal use or sale of a self-defense spray or foam device • MCL 750.226a, sale or possession of a switchblade • MCL 750.227c, improper transporting or possessing a loaded firearm in or upon a vehicle • MCL 750.229, pawnbroker accepting a pistol in pawn, or any second-hand or junk dealer accepting a pistol and offering or displaying it for resale • MCL 750.232, failure to register the purchase of a firearm or a firearm component • MCL 750.232a, improperly obtaining a pistol, making a false statement on an application to purchase a pistol, or using or attempting to use false identification of another to purchase a pistol • MCL 750.233, intentionally pointing or aiming a firearm without malice • MCL 750.234, discharging a firearm while intentionally aimed without malice • MCL 750.234d, possessing a firearm on prohibited premises • MCL 750.234e, brandishing a firearm in public • MCL 750.234f, possession of a firearm in public by an individual less than 18 years of age • MCL 750.235, discharging a firearm pointed or aimed intentionally without malice causing injury • MCL 750.235a, parent of a minor who violates the Firearms Chapter of the Michigan Penal Code in a weapon-free school zone • MCL 750.236, setting a spring or other gun, or any trap or device • MCL 750.237, carrying, possessing, using, or discharging a firearm while under the influence of alcoholic liquor or a controlled substance, while having an unlawful alcohol content, or while visibly impaired • MCL 750.237a, weapon-free school zone violation • MCL 750.335a, indecent exposure • MCL 750.411h, stalking • MCL 750.520e, fourth-degree criminal sexual conduct • Former MCL 750.228, failure to have a pistol inspected • MCL 752.861, careless, reckless, or negligent use of a firearm resulting in injury or death • MCL 752.862, careless, reckless, or negligent use of a firearm resulting in property damage • MCL 752.863a, reckless discharge of a firearm • A violation of a law of the United States, another state, or a local unit of government of this state or another state substantially corresponding to a violation described above 10. Have not been convicted of a misdemeanor violation of any of the following in the three years immediately preceding the date of application and a charge for a misdemeanor violation of any of the following is not pending against the applicant in this state or elsewhere at the time he or she applies for a license: • MCL 257.625, operating while intoxicated, visibly impaired, under 21 years of age with any bodily alcohol content, or with any presence of a Schedule 1 controlled substance or cocaine • MCL 257.625a, refusal of commercial motor vehicle operator to submit to a preliminary chemical breath test • MCL 257.625k, ignition interlock device reporting violation • MCL 257.625l, circumventing or tampering with an ignition interlocking device • MCL 257.625m, operating a commercial motor vehicle with alcohol content, punishable under MCL 257.625m(3) • MCL 259.185, operating an aircraft under the influence of intoxicating liquor or a controlled substance • MCL 324.81134, operating an ORV under the influence of alcoholic liquor or a controlled substance, with an unlawful alcohol content, with any presence of a Schedule 1 controlled substance or cocaine, or while visibly impaired • MCL 324.82127, operating a snowmobile under the influence of alcoholic liquor or a controlled substance, with an unlawful blood alcohol content, with any presence of a Schedule 1 controlled substance or cocaine, or while visibly impaired • MCL 333.7401 to 333.7461, controlled substance violation • MCL 462.353, operating a locomotive under the influence of alcoholic liquor or a controlled substance, while visibly impaired, or with an unlawful alcohol content, punishable under MCL 462.353(3) • MCL 750.167, disorderly person • MCL 750.174, embezzlement • MCL 750.218, false pretenses with intent to defraud or cheat • MCL 750.356, larceny • MCL 750.356d, second or third degree retail fraud • MCL 750.359, larceny from vacant structure or building • MCL 750.362, larceny by conversion • MCL 750.362a, refuse or neglect to return vehicle, trailer, or other tangible property delivered on a rental or lease basis with intent to defraud the lessor • MCL 750.377a, malicious destruction of personal property • MCL 750.380, malicious destruction of real property • MCL 750.535, buying, receiving, possessing, concealing, or aiding in the concealment of stolen, embezzled, or converted property • MCL 750.540e, malicious use of service provided by telecommunications service provider • A violation of a law of the United States, another state, or a local unit of government of this state or another state substantially corresponding to a violation described above 11. Have not been found guilty but mentally ill of any crime, and has not offered a plea of not guilty of, or been acquitted of, any crime by reason of insanity. 12. Is not currently and has never been subject to an order of involuntary commitment in an inpatient or outpatient setting due to mental illness. 13. Not have a diagnosed mental illness at the time the application is made that includes an assessment that the individual presents a danger to himself or herself or to another, regardless of whether he or she is receiving treatment for that illness. 14. Not be under a court order of legal incapacity in this state or elsewhere. 15. The applicant has a valid state-issued driver’s license or personal identification card. B. Federal Requirements Pursuant to MCL 28.426, a CPL may not be issued to a person prohibited under federal law from possessing or transporting a firearm as determined through the federal National Instant Criminal Background Check System (NICS). Questions regarding the NICS check should be directed to the Federal Bureau of Investigation (FBI) NICS Section at 1-(877) FBI-NICS (877-324-6427). Concealed Pistol License Requirements DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney. Komorn Law Social Media Recent Posts Michigan Expands The Social Equity Program Impaired Driving: According to the CDC Michigan strengthens up roadside drug testing with addition of at least 32 officers Making Low Level Misdemeanors – Civil Infractions Michigan Gun Laws and CPL Requirements Tag Cloud 2020 autism BMMR cannabis CBD corona virus corruption. prosecutors covid-19 DEA detroit dispensary DUI expungement forfeiture ginnifer hency hemp komorn komornlaw lara LARA ALERTS LARA Bulletin LARA FAQ Law law enforcement abuse laws legal Legalization marijuana medical Medical Marijuana Michigan MMFLA MMMA MMMA Regulations MRA news police politics Recreational Cannabis Remote science shattuck supreme court Traffic Stop Vote The post Michigan Gun Laws and CPL Requirements appeared first on Komorn Law. View the full article
  22. A growing number of prosecutors are reforming their local criminal legal systems, fueled by activists’ calls for change and rising electoral mobilization around district attorney races. Many other prosecutors are fighting reform, whether locally or through statewide lobbying. Some even do both. The Appeal: Political Report has launched a new interactive page to track how the reform movement is affecting the practices and policies of prosecutors nationwide. What reforms are they rolling out, and are they actually implementing them? Who is more ambitious in their proposals, and who is most resistant to targeting mass incarceration? After all, prosecutors enjoy tremendous discretion, and policies they set—like whether to seek bail, to treat minors as adults, or to prosecute marijuana cases—impact the scale of mass incarceration. Explore these developments chronologically below, or geographically with this interactive map HERE. Recent Posts Making Low Level Misdemeanors – Civil Infractions Posted: June 8, 2020 Driving a snowmobile without a registration and other low-level misdemeanors would become civil infractions under a “decriminalization” package the House Judiciary Committee started work on this week. Failing to put plates on a vehicle when buying a new car, driving farm equipment on the road without proper registration, and failing to show a safety certificate […] THE POLITICS OF PROSECUTORS Posted: June 7, 2020 A growing number of prosecutors are reforming their local criminal legal systems, fueled by activists’ calls for change and rising electoral mobilization around district attorney races. Many other prosecutors are fighting reform, whether locally or through statewide lobbying. Some even do both. The Appeal: Political Report has launched a new interactive page to track how the reform movement is affecting […] Cannabis and Taxes – The challenges of non-deductible expenses Posted: June 6, 2020 What is Section 280 E? Section 280E of the Internal Revenue Code forbids businesses from deducting otherwise ordinary business expenses from gross income associated with the “trafficking” of Schedule I or II substances, as defined by the Controlled Substances Act. Section 280E of the Internal Revenue Code forbids businesses from deducting otherwise ordinary business expenses from gross income […] 91 More Drug Cases Tied to Ex-Texas Cop to Be Dismissed Posted: May 26, 2020 Prosecutors announced they expect to dismiss possibly 91 more drug convictions tied to an indicted ex-Houston Texas police officer. A look back at botched Harding Street raid… The Harris County DA’s Office had announced in February it would dismiss 73 cases connected to the former officer, Gerald Goines, whose cases are being reviewed following a […] Charges brought on two technicians who allegedly faked tests on breathalyzer machines. Posted: May 22, 2020 The Michigan AG filed charges against two technicians contracted to service all the DataMaster DMT breath alcohol testing instruments for the Lower Peninsula One device is at the Beverly Hills Police Department in Oakland County, the other at the Alpena County Sheriff’s Office. Michigan State Police’s Breath Alcohol Program says it found problems when conducting a routine review of records […] Initial Study Says Cannabis Might Help Prevent COVID-19 Infections Posted: May 17, 2020 Initial Study Says Cannabis Might Help Prevent COVID-19 Infections and Marijuana could regulate the main gateway COVID-19 enters host cells in patients, new research concludes. New research into preventive measures and possible treatment for the coronavirus could be cannabis. At first public health officials warned that inhalation of burning marijuana could lead to more vulnerability to contracting the […] Scientists launch clinical trials to see if cannabis can be effective against the coronavirus Posted: May 14, 2020 Israel Researchers Believe CBD Could Play Role In COVID-19 Treatment. This product, which is expected to be administrated by inhalation, will be tested against a variety of lung infections. Israeli scientists have launched clinical trials into whether cannabis can play an effective role in stopping or slowing the coronavirus. Israeli scientists will study cannabidiol (CBD) […] Could Zoom jury trials become the norm during the coronavirus pandemic? Posted: May 11, 2020 In April, a Florida court held a bench trial over Zoom to decide a child abduction case under the Hague Convention. Later that month, the same state held a major virtual trial on the voting rights of convicted felons, with the public listening in by phone. As criminal courts grapple with the COVID-19 pandemic, some […] Timeline in Macomb County Prosecutor Eric Smith Corruption Case Posted: May 11, 2020 Eric J. Smith (Michigan politician) – Wikipedia Eric Smith is the an American attorney and the former Prosecuting Attorney of Macomb County, Michigan. He resigned in 2020 after his arrest of embezzlement and corruption charges. https://en.wikipedia.org/wiki/Eric_J._Smith_(Michigan_politician) MACOMB DAILY NEWS – 2018 Source Macomb Daily News County treasurer wants state review of prosecutor‘s ‘off book’ bank accounts […] Lighthouse LIVE Posted: May 7, 2020 Join us for Lighthouse LIVE Fundraiser Saturday, May 9th2:00 p.m. – 2:00 a.m. LIVE on Facebook and YouTube. LIVE Since the COVID-19 crisis began, Lighthouse has been working to keep up with the growing need in our community. We have increased our capacity for emergency shelter by more than 100% and moved to a safe […] Tags 2020 autism BMMR cannabis CBD corona virus corruption. prosecutors covid-19 DEA detroit dispensary DUI expungement forfeiture ginnifer hency hemp komorn komornlaw lara LARA ALERTS LARA Bulletin LARA FAQ Law law enforcement abuse laws legal Legalization marijuana medical Medical Marijuana Michigan MMFLA MMMA MMMA Regulations MRA news police politics Recreational Cannabis Remote science shattuck supreme court Traffic Stop Vote The post THE POLITICS OF PROSECUTORS appeared first on Komorn Law. View the full article
  23. What is Section 280 E? Section 280E of the Internal Revenue Code forbids businesses from deducting otherwise ordinary business expenses from gross income associated with the “trafficking” of Schedule I or II substances, as defined by the Controlled Substances Act. Section 280E of the Internal Revenue Code forbids businesses from deducting otherwise ordinary business expenses from gross income associated with the “trafficking” of Schedule I or II substances, as defined by the Controlled Substances Act. The IRS has subsequently applied Section 280E to state-legal cannabis businesses, since cannabis is still a Schedule I substance. Reagan Era Law Created during the Reagan Administration, Section 280E originated from a 1981 court case in which a convicted cocaine trafficker asserted his right under federal tax law to deduct ordinary business expenses. In 1982, Congress created 280E to prevent other drug dealers from following suit. It states that no deductions should be allowed on any amount “in carrying on any trade or business if such trade or business consists of trafficking in controlled substances.” With 23 states and the District of Columbia now allowing some form of legal marijuana, 280E is applied to state-regulated cannabis businesses more often than it is to the types of illegal drug dealers that the provision was intended to penalize. What types of business expenses are under 280E? Employee salaries Payments to contractors Utility costs Internet Health insurance premiums Advertising costs Repairs and maintenance Rental fees Security and more What deductions are challenged? General and administrative costs (bookkeeping, legal expenses, technology costs) State excise tax Storage of cannabis Product Purchases Product Depreciation Product Losses Theft and more 2015 IRS Memorandum 2018 US Tax Court The Tax Court decision in Patients Mutual Assistance Collective Corporation d.b.a. Harborside Health Center v. Commissioner held that the medical marijuana dispensary could not deduct business expenses despite operating its business legally under California law. The Tax Court denied Harborside’s deductions from 2007 to 2012, citing Code Section 280E, which prevents any trade or business that “consists of trafficking in controlled substances from deducting any business expenses.” Harborside has appealed the decision to the Ninth Circuit. The Harborside case is not the first time that an entity specializing in the processing, sale or distribution of cannabis has challenged the constitutionality of Code Section 280E, but it is very likely the largest and the most closely watched case. And if the Ninth Circuit agrees with the appellant, it will ultimately be decided by the Supreme Court. 2019 Harborside Inc. Receives Final Ruling by US Tax Court on 280E OAKLAND, CA and TORONTO, Oct. 21, 2019 /PRNewswire/ – Harborside Inc. (“Harborside” or the “Company”) (CSE: HBOR), today announced that the U.S. Tax Court has issued a final decision under Tax Court Rule 155 on the income tax deficiency for Patients Mutual Assistance Collective Corporation (“PMACC”), the Company’s 100% owned subsidiary and owner of the iconic Harborside Oakland cannabis dispensary. The U.S. Tax Court has ruled that PMACC owes an aggregate tax deficiency of approximately $11.0 million for the fiscal years 2007 through 2012. This amount is consistent with the Company’s one-time provision for its estimated tax obligation for PMACC expensed in its financial results for the three-month period ended June 30, 2019. All dollar amounts in this press release are expressed in U.S. dollars. “The Tax Court’s final computation of our tax obligation in PMACC’s long-standing 280E case is a good outcome for Harborside shareholders. By challenging the IRS’s overly aggressive interpretation of the tax law as it applies to cannabis businesses operating legally under State law, we have succeeded in reducing Harborside’s liability from the $36 million originally sought by the IRS to approximately $11 million – a $25 million reduction. The reduction includes $6 million in penalties that the court previously ruled we did not need to pay because of the unclear state of the law, and because Harborside acted in good faith,” said Harborside CEO Andrew Berman. “This ruling is also an important one for the cannabis industry in that, through this litigation, the court recognized there are legitimate deductions that legal cannabis companies can take in cost of goods sold. Harborside still intends to appeal the Tax Court’s ruling with regard to aspects of the decision as it pertains to the calculation of cost of goods sold, and has already retained appellate tax counsel.” Steve DeAngelo, Harborside’s co-founder and Chairman Emeritus, also commented, “Harborside’s policy towards the federal government has always been to exhaust all reasonable available legal options to pursue justice. That policy has been validated by the Tax Court’s downward adjustment of PMACC’s liability. This outcome has strengthened our already strong resolve to continue pursuing justice by appealing the decision, with the goal of modifying or reducing 280E liability for Harborside, and in the future, eliminating it for every other state legal cannabis business in the United States. The issues at stake are of importance to the entire cannabis industry.” The Company has 90 days within which to file an appeal with the United States Court of Appeals for the Ninth Circuit. Harborside Inc. Announces Filing Appeal in Tax Case The Tax Court decision was issued on Nov. 29, 2018. The ruling became final on Oct. 11, 2019, when liability of US$11,013,237 was formally entered by the Tax Court. Harborside is properly filing its appeal within 90 days from that date. What impact does this have on the cannabis industry and states attempting to regulate marijuana? Most cannabis business owners would like to be considered legitimate by paying federal and state taxes. But the current tax scenario has some convinced to ignore 280E on their tax filings, or don’t pay taxes at all. These businesses would rather gamble on the IRS overlooking their filing than see their revenues evaporate due to 280E. Treasury Inspector General Recommends More Tax Audits for Cannabis The Treasury Inspector General for Tax Administration (TIGTA) issued a report on March 30, 2020 which made recommendations to the Internal Revenue Service (IRS) regarding tax compliance and the cannabis industry. The purpose of the report was to “evaluate the IRS’s examination and education approach to certain cash-based industries with an emphasis on legal marijuana operations,” as stated by the TIGTA. https://www.treasury.gov/tigta/auditreports/2020reports/202030017fr.pdf KOMORN LAW can help you with these types of issues – Call Our Office to Find Out More Information 248-357-2550 Recent Posts Making Low Level Misdemeanors – Civil Infractions Posted: June 8, 2020 Driving a snowmobile without a registration and other low-level misdemeanors would become civil infractions under a “decriminalization” package the House Judiciary Committee started work on this week. Failing to put plates on a vehicle when buying a new car, driving farm equipment on the road without proper registration, and failing to show a safety certificate […] Cannabis and Taxes – The challenges of non-deductible expenses Posted: June 6, 2020 What is Section 280 E? Section 280E of the Internal Revenue Code forbids businesses from deducting otherwise ordinary business expenses from gross income associated with the “trafficking” of Schedule I or II substances, as defined by the Controlled Substances Act. Section 280E of the Internal Revenue Code forbids businesses from deducting otherwise ordinary business expenses from gross income […] 91 More Drug Cases Tied to Ex-Texas Cop to Be Dismissed Posted: May 26, 2020 Prosecutors announced they expect to dismiss possibly 91 more drug convictions tied to an indicted ex-Houston Texas police officer. A look back at botched Harding Street raid… The Harris County DA’s Office had announced in February it would dismiss 73 cases connected to the former officer, Gerald Goines, whose cases are being reviewed following a […] Charges brought on two technicians who allegedly faked tests on breathalyzer machines. Posted: May 22, 2020 The Michigan AG filed charges against two technicians contracted to service all the DataMaster DMT breath alcohol testing instruments for the Lower Peninsula One device is at the Beverly Hills Police Department in Oakland County, the other at the Alpena County Sheriff’s Office. Michigan State Police’s Breath Alcohol Program says it found problems when conducting a routine review of records […] Initial Study Says Cannabis Might Help Prevent COVID-19 Infections Posted: May 17, 2020 Initial Study Says Cannabis Might Help Prevent COVID-19 Infections and Marijuana could regulate the main gateway COVID-19 enters host cells in patients, new research concludes. New research into preventive measures and possible treatment for the coronavirus could be cannabis. At first public health officials warned that inhalation of burning marijuana could lead to more vulnerability to contracting the […] Scientists launch clinical trials to see if cannabis can be effective against the coronavirus Posted: May 14, 2020 Israel Researchers Believe CBD Could Play Role In COVID-19 Treatment. This product, which is expected to be administrated by inhalation, will be tested against a variety of lung infections. Israeli scientists have launched clinical trials into whether cannabis can play an effective role in stopping or slowing the coronavirus. Israeli scientists will study cannabidiol (CBD) […] Could Zoom jury trials become the norm during the coronavirus pandemic? Posted: May 11, 2020 In April, a Florida court held a bench trial over Zoom to decide a child abduction case under the Hague Convention. Later that month, the same state held a major virtual trial on the voting rights of convicted felons, with the public listening in by phone. As criminal courts grapple with the COVID-19 pandemic, some […] Timeline in Macomb County Prosecutor Eric Smith Corruption Case Posted: May 11, 2020 Eric J. Smith (Michigan politician) – Wikipedia Eric Smith is the an American attorney and the former Prosecuting Attorney of Macomb County, Michigan. He resigned in 2020 after his arrest of embezzlement and corruption charges. https://en.wikipedia.org/wiki/Eric_J._Smith_(Michigan_politician) MACOMB DAILY NEWS – 2018 Source Macomb Daily News County treasurer wants state review of prosecutor‘s ‘off book’ bank accounts […] Lighthouse LIVE Posted: May 7, 2020 Join us for Lighthouse LIVE Fundraiser Saturday, May 9th2:00 p.m. – 2:00 a.m. LIVE on Facebook and YouTube. LIVE Since the COVID-19 crisis began, Lighthouse has been working to keep up with the growing need in our community. We have increased our capacity for emergency shelter by more than 100% and moved to a safe […] THE EMERGENCY POWERS OF GOVERNOR Act 302 of 1945 Posted: May 4, 2020 State of Emergency or Disaster Declaration…Pursuant to Michigan Emergency Management Act, the Governor may declare a “state of emergency” or “state of disaster” and activate applicable relief forces if an emergency or disaster or imminent threat thereof exists. MICHIGAN – EMERGENCY POWERS OF GOVERNOR (EXCERPT)Act 302 of 1945 Proclamation of state of emergency; promulgation of orders, rules, and regulations; seizure of […] Tags 2020 autism BMMR cannabis CBD corona virus corruption. prosecutors covid-19 DEA detroit dispensary DUI expungement forfeiture ginnifer hency hemp komorn komornlaw lara LARA ALERTS LARA Bulletin LARA FAQ Law law enforcement abuse laws legal Legalization marijuana medical Medical Marijuana Michigan MMFLA MMMA MMMA Regulations MRA news police politics Recreational Cannabis Remote science shattuck supreme court Traffic Stop Vote The post Cannabis and Taxes – The challenges of non-deductible expenses appeared first on Komorn Law. View the full article
  24. Prosecutors announced they expect to dismiss possibly 91 more drug convictions tied to an indicted ex-Houston Texas police officer. A look back at botched Harding Street raid… The Harris County DA’s Office had announced in February it would dismiss 73 cases connected to the former officer, Gerald Goines, whose cases are being reviewed following a deadly drug raid. Goines’ work with the Houston Police Department’s narcotics unit has come under scrutiny following the January 2019 drug raid in which Dennis Tuttle, 59, and his wife, Rhogena Nicholas, 58, were killed. Prosecutors allege Goines, 55, lied to obtain the warrant to search the couple’s home by claiming that a confidential informant had bought heroin there. Goines later said there was no informant and that he had bought the drugs himself, they allege. Five officers, including Goines, were injured in the raid. In the 73 cases announced in February, Goines was the only witness to alleged drug buys. In the 91 cases announced Thursday, Goines wrote affidavits that were used to secure search warrants in drug cases. Police stop by your place uninvited? You are going to need a lawyer! Komorn Law handles all types of cases similar to police raids, marijuana arrests, criminal charges as well as DUI and Drugged Driving. Call Our Office 248-357-2550 before you swallow the prosecutor’s “plea bargain” hook, line and sinker. All of the individuals in the 164 cases being dismissed are minorities and the majority are African American, prosecutors said. “We will continue to work to clear people convicted solely on the word of a police officer who we can no longer trust,” said Harris County District Attorney Kim Ogg. “We are committed to making sure the criminal justice is fair and just for everyone.” Nicole DeBorde, Goines’ attorney, accused Ogg of using the ex-officer’s case for political gain. Ogg is up for re-election in November. HARRIS COUNTY D.A. KIM OGG DIDN’T DELIVER ON HER PROMISE OF REFORM. NOW ANOTHER ONE OF HER FORMER PROSECUTORS IS RUNNING AGAINST HER. Read More Here At Click2Houston Related News Reports Video Playlist of News Reports Latest News Reports 91 more cases connected to former HPD officer Gerald Goines could be overturned – May 21, 202091 additional drug convictions connected to officer charged in Harding Street raid to be overturned – May 21, 2020Looking Back – Individual Video News Reports HPD RAID: Harris Co. district attorney review widens to 2000 cases – Mar 4, 2019Timeline: What led to a botched HPD raid? – Mar 19, 2019Video by neighbor who witnessed portions of deadly botched drug raid in Houston – Apr 2, 2019Botched drug raid: Autopsy results – May 2, 2019Allegations of uncollected evidence after botched drug raid – May 6, 2019Harding Street raid fallout: District Attorney one-on-one – Aug 29, 2019Forensic investigator reveals his findings on the Harding Street raid – Nov 6, 2019The ex-husband of the woman who called 911 prior to the deadly Harding Street raid said she could be vindictive.Family of Harding Street raid victims want more answers from police – Nov 21, 2019The post 91 More Drug Cases Tied to Ex-Texas Cop to Be Dismissed appeared first on Komorn Law. View the full article
  25. The Michigan AG filed charges against two technicians contracted to service all the DataMaster DMT breath alcohol testing instruments for the Lower Peninsula One device is at the Beverly Hills Police Department in Oakland County, the other at the Alpena County Sheriff’s Office. Michigan State Police’s Breath Alcohol Program says it found problems when conducting a routine review of records early on Jan. 2, Nessel’s statement said. They issued a stop order on the Intoximeters contract on Jan. 7. “Discrepancies in some submitted diagnostic reports came to light during a routine technical review by MSP’s Breath Alcohol Program on Jan. 2, 2020. Specifically, it is alleged that two of Intoximeters Inc.’s three technicians” Nessel’s statement said. If you feel like your datamaster breathalyzer test was done on a faulty machine or was false and would like to hire an attorney that will fight for you. You found him. Michael Komorn – provides DUI, drugged driving and criminal defense passionately an aggressively. Call Our Office 248-357-2550 or visit KomornLaw.com Michigan AG News Release May 22, 2020 LANSING – Michigan Attorney General Dana Nessel on Thursday filed charges against two technicians contracted to service all the DataMaster DMT (DataMaster Transportable) breath alcohol testing instruments for the Lower Peninsula. The DataMaster DMT (often referred to as a breathalyzer) is the evidentiary instrument used by law enforcement across Michigan to measure the alcohol level of motor vehicle drivers suspected of being under the influence of alcohol. The Michigan State Police (MSP) entered into a contract with Intoximeters Inc. that began Sept. 1, 2018 to provide ongoing maintenance and repairs, as well as 120-day on-site inspections on each of the 203 DataMaster DMTs in the state. Each technician was required to physically visit each site to conduct various diagnostic verifications, calibrations and repairs. Discrepancies in some submitted diagnostic reports came to light during a routine technical review by MSP’s Breath Alcohol Program on Jan. 2, 2020. Specifically, it is alleged that two of Intoximeters Inc.’s three technicians — Andrew Clark and David John — created fictitious documents to show they completed certain diagnostic tests and repairs on two DataMaster instruments for which they had responsibility for calibration and performance—one incident involved the DataMaster DMT instrument located at the Beverly Hills Police Department and the other incident involved the DataMaster DMT instrument located at the Alpena County Sheriff’s Office. Upon discovery of this issue, the MSP temporarily removed all instruments from service and launched an investigation, notifying both its criminal justice partners and the public of its discovery. The MSP promptly began working with the Attorney General’s Public Integrity Unit, continuing to demonstrate a steadfast belief that public trust and accountability are essential in government. The combined efforts of the MSP Breath Alcohol Program, MSP Fraud Investigation Section and the Attorney General’s Public Integrity Unit have culminated in the charges announced today. Following a four-month investigation led by the Attorney General’s Public Integrity Unit and the MSP, a total of nine felony charges were filed against David John, age 59, of Kalamazoo, and a total of six felony charges were filed against Andrew Clark, 53, of Oxford. Specific charges are as follows: Andrew Clark, charged in Eaton County: Two counts, forgery of a public record, a 14-year felony charge; Two counts, uttering and publishing, a 14-year felony charge; and Two counts, use of a computer to commit a crime, a 10-year felony charge. David John, charged in Kalamazoo County: Three counts, forgery of a public record, a 14-year felony charge; Three counts, uttering and publishing, a 14-year felony charge; and Three counts, use of a computer to commit a crime, a 10-year felony charge. “Those who hold positions of trust and responsibility at any level within our overall system of justice must be held to a high standard. When that trust is betrayed, it is incumbent upon my department to ensure accountability on behalf of the people of our state.” Nessel said. “I’m grateful for the Michigan State Police’s assistance in this investigation, and I know that the MSP and my Public Integrity Unit have handled this matter appropriately and in the public’s best interest.” “From the time we first uncovered discrepancies, the MSP was committed to conducting a complete and thorough investigation, and to being as transparent as possible regarding the outcomes of this situation,” stated Col. Joe Gasper, director of the MSP. “We recognize the critical role these instruments can play in drunk driving convictions and we are confident that a properly calibrated and maintained DataMaster remains an extremely reliable instrument.” Certified MSP staff have been performing the ongoing maintenance, repairs and 120-day inspections for all DataMaster instruments since Jan. 10, 2020, and will continue to do so. The State of Michigan’s contract with Intoximeter’s Inc. was officially terminated effective April 9, 2020. Clark has been arraigned in the Eaton County District Court and was given a personal recognizance bond. He is scheduled for a probable cause conference at 4 p.m. June 1. John will be arraigned at a later date due to reduced court operations related to COVID-19. Click here to view video from Attorney General Nessel. Note: A criminal charge is just an allegation and that the defendant is presumed innocent unless and until proven guilty. At least that’s what it’s supposed to be. Related Operating the DatamasterDatamaster-DMT Acquisitions Recent Posts Charges brought on two technicians who allegedly faked tests on breathalyzer machines. Initial Study Says Cannabis Might Help Prevent COVID-19 Infections Scientists launch clinical trials to see if cannabis can be effective against the coronavirus Could Zoom jury trials become the norm during the coronavirus pandemic? Timeline in Macomb County Prosecutor Eric Smith Corruption Case Tags 2020 autism BMMR cannabis CBD corona virus corruption. prosecutors covid-19 DEA detroit dispensary DUI expungement forfeiture ginnifer hency hemp komorn komornlaw lara LARA ALERTS LARA Bulletin LARA FAQ Law law enforcement abuse laws legal Legalization marijuana medical Medical Marijuana Michigan MMFLA MMMA MMMA Regulations MRA news police politics Recreational Cannabis Remote science shattuck supreme court Traffic Stop Vote The post Charges brought on two technicians who allegedly faked tests on breathalyzer machines. appeared first on Komorn Law. View the full article
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