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  1. Thanks
    KLAW Blog got a reaction from blackhorse in West Bloomfield doctor sentenced for diverting thousands of oxycodone pills   
    June 19, 2019


    DETROIT – A Detroit-area doctor was sentenced to 60 months in prison today for his role in a scheme to unlawfully distribute more than 23,000 pills of oxycodone.


    Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Matthew Schneider of the Eastern District of Michigan, Special Agent in Charge Timothy J. Plancon of the U.S. Drug Enforcement Administration’s Detroit Division, Special Agent in Charge Timothy R. Slater of the FBI’s Detroit Division and Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services Office of Inspector General’s Chicago Regional Office made the announcement.


    Alex Kafi, M.D., 70, of West Bloomfield, Mich., was sentenced by U.S. District Judge Victoria A. Roberts of the Eastern District of Michigan. Kafi pleaded guilty in August 2018 to one count of conspiracy to distribute controlled substances.


    “Betraying his duties as a licensed physician, Alex Kafi, accepted cash in exchange for writing medically unnecessary prescriptions for addictive opioids as part of a scheme that flooded Michigan with thousands of doses of oxycodone,” said Assistant Attorney General Benczkowski. “Holding corrupt doctors accountable is critical to our ongoing efforts to combat the opioid epidemic nationwide and the Department of Justice will continue to aggressively pursue medical professionals like Alex Kafi.”


    “Today’s opioid epidemic is fueled, in part, by the greed of certain doctors who knowingly prescribe legitimate pain medications to individuals for no legitimate medical purpose,” said U.S. Attorney Schneider. “Dr. Kafi’s action contributed to Michigan’s opioid crisis for the sole purpose of lining his pockets. We will continue to use every means available to investigate and prosecute these cases.”


    “Today’s sentencing is a reminder of DEA’s determination to bring medical professionals who betray the trust of their community to justice,” said Special Agent in Charge Plancon. “The DEA, through regulation and enforcement, will continue to partner with other law enforcement agencies to identify, investigate and prosecute licensed physicians, like Dr. Kafi, who use their medical profession and position to conceal the unlawful diversion and distribution of prescription drugs.”


    As part of his guilty plea, Kafi admitted that from 2013 through May 2017, he engaged in a scheme in which he wrote medically unnecessary prescriptions for oxycodone in exchange for cash. Kafi wrote these fraudulent prescriptions often without ever meeting or communicating with the patient. Instead, Kafi conspired with patient recruiters who provided him with lists of patients, along with $300 per prescription of oxycodone, he admitted. Kafi admitted the scheme involved approximately 693,000 milligrams of oxycodone. He agreed to forfeit $617,208.00, representing proceeds of his criminal activity.


    Kafi’s co-defendant, Danielle Smith, was sentenced by Judge Roberts to serve 32 months in prison on Feb. 7, 2019. Additional co-defendant Cheryl Ozoh awaits sentencing. Smith and Ozoh each also pleaded guilty to one count of conspiracy to distribute controlled substances.


    The DEA, HHS-OIG and FBI investigated the case. Trial Attorney Steven Scott of the Criminal Division’s Fraud Section is prosecuting the case.


    The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and U.S. Department of Health and Human Services to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

    The post West Bloomfield doctor sentenced for diverting thousands of oxycodone pills appeared first on Komorn Law.
    View the full article
  2. Like
    KLAW Blog got a reaction from Wild Bill in Michigan judge slams state for ‘freakish’ regulation of medical marijuana businesses   
    Michigan judge slams state for ‘freakish’ regulation of medical marijuana businesses
    A year-long saga of changing compliance deadlines for 50 medical marijuana shops allowed to operate unlicensed is over.
    Court of Claims Judge Stephen Borrello ordered Tuesday that Michigan regulators cannot set any new compliance deadline for unlicensed pot shops.
    In his 12-page opinion, Borrello chastised officials in the Department of Licensing and Regulatory Affairs for being “ill-equipped” to handle the licensing process in a timely manner — which has led to the current market of unlicensed businesses.
    “At the outset, the Court notes that LARA’s entire method of handling license applications has been ‘apt to sudden change, freakish, or whimsical,’” Borrello wrote.
    Temporarily operating provisioning centers will be allowed to operate until their license applications are considered by the state — and officials can only ask them to shut down 60 days after their license application has been denied, Borrello ordered in a ruling that affects eight consolidated cases.
    Borrello has left the issue of whether caregiver marijuana can be used to supply the licensed market up to the state to decide.
    The state’s new Marijuana Regulatory Agency is reviewing the court orders before issuing a statement, said David Harns, spokesman for the agency.
    The state has been trying to hold unlicensed businesses to a licensing deadline since June 2018 but have been thwarted by court orders. Borrello has previously extended the deadline. The most recent attempt to enforce a deadline was brought forward by Governor Gretchen Whitmer, who had proposed March 31 — but another barrage of last-minute legal filings from medical marijuana businesses stopped that under a ruling from Borrello.
    Read the rest of the story here at MLive By Amy Biolchini | abiolch1@mlive.com The post Michigan judge slams state for ‘freakish’ regulation of medical marijuana businesses appeared first on Komorn Law.
    View the full article
  3. Thanks
    KLAW Blog got a reaction from blackhorse in Medical Marijuana Now Available to Patients Immediately After Receiving Online Approval   
    Medical Marijuana Now Available to Patients Immediately After Receiving Online Approval
    May 1, 2019 – Effective today, medical marijuana patients in Michigan who apply for their marijuana registry card online may now use their approval email as a temporary substitute for a valid registry card in order to obtain their medication the same day they are approved. The Marijuana Regulatory Agency (MRA) has implemented a change to the Michigan Medical Marijuana Program (MMMP) to ensure that patients with debilitating medical conditions are able to obtain marijuana for medical use as quickly as possible. “A process that used to take several weeks now can be done in a single day,” said MRA Executive Director Andrew Brisbo. “We are excited to offer this new online approval option for the state’s medical marijuana patients.” The email that patients receive after an online application has been approved may serve as a temporary substitute for a valid registry card. This approval email is valid until patients receive their card in the mail or for up to 10 days from the date of the approval email. As a result, patients will not have to wait to receive their registry cards in the mail and will be able to purchase or obtain medication the same day they are approved. A valid driver’s license or government-issued identification card with a photographic image is also required to purchase marijuana. To utilize this online service please visit www.michigan.gov/mmp and note the following: A patient’s certifying physician must have an online account with the MMMP. A patient must register for an online account. The patient must submit an online application. In the past, registry cards could only be obtained through the traditional mail-in process, which took up to five weeks for patients to receive their card. The process was recently updated to allow for online processing – but a patient still had to wait for 7-10 business days to receive their registry card. This new process allows for medical marijuana patients to gain access to their medicine immediately after receiving approval. The post Medical Marijuana Now Available to Patients Immediately After Receiving Online Approval appeared first on Komorn Law.
    View the full article
  4. Thanks
    KLAW Blog got a reaction from blackhorse in Michigan judge slams state for ‘freakish’ regulation of medical marijuana businesses   
    Michigan judge slams state for ‘freakish’ regulation of medical marijuana businesses
    A year-long saga of changing compliance deadlines for 50 medical marijuana shops allowed to operate unlicensed is over.
    Court of Claims Judge Stephen Borrello ordered Tuesday that Michigan regulators cannot set any new compliance deadline for unlicensed pot shops.
    In his 12-page opinion, Borrello chastised officials in the Department of Licensing and Regulatory Affairs for being “ill-equipped” to handle the licensing process in a timely manner — which has led to the current market of unlicensed businesses.
    “At the outset, the Court notes that LARA’s entire method of handling license applications has been ‘apt to sudden change, freakish, or whimsical,’” Borrello wrote.
    Temporarily operating provisioning centers will be allowed to operate until their license applications are considered by the state — and officials can only ask them to shut down 60 days after their license application has been denied, Borrello ordered in a ruling that affects eight consolidated cases.
    Borrello has left the issue of whether caregiver marijuana can be used to supply the licensed market up to the state to decide.
    The state’s new Marijuana Regulatory Agency is reviewing the court orders before issuing a statement, said David Harns, spokesman for the agency.
    The state has been trying to hold unlicensed businesses to a licensing deadline since June 2018 but have been thwarted by court orders. Borrello has previously extended the deadline. The most recent attempt to enforce a deadline was brought forward by Governor Gretchen Whitmer, who had proposed March 31 — but another barrage of last-minute legal filings from medical marijuana businesses stopped that under a ruling from Borrello.
    Read the rest of the story here at MLive By Amy Biolchini | abiolch1@mlive.com The post Michigan judge slams state for ‘freakish’ regulation of medical marijuana businesses appeared first on Komorn Law.
    View the full article
  5. Thanks
    KLAW Blog got a reaction from blackhorse in Michigan officials end caregiver marijuana supply to medical pot shops   
    Michigan officials end caregiver marijuana supply to medical pot shops
    The stock of medical marijuana products at licensed Michigan businesses will soon change, as a result of new guidance from state officials.
    Effective immediately, licensed medical marijuana provisioning centers can no longer stock their shelves with products grown by caregivers, the Marijuana Regulatory Agency announced Thursday in a press release.
    Licensed shops can only buy from state-licensed growers and processors. Caregivers, however, will be allowed to sell to state-licensed growers and processors — who will be required to test the product and enter it into the state’s tracking system.
    The switch away from the illegal supply of caregiver weed to the regulated market was supposed to occur April 1, but was delayed for a month due to a barrage of lawsuits filed against the state in a separate but entangled issue over the ability of unlicensed pot shops to operate.
    Court of Claims Judge Stephen Borrello issued his orders two days ago — which allow unlicensed pot shops to stay open until 60 days after officials decide on their license applications. Borrello left the issue of caregiver product up to the Marijuana Regulatory Agency to decide.
    Now the embattled medical marijuana market will switch over to regulated product as its main source.
    Corporate mega-growers have criticized the use of caregiver marijuana for the past five months, as it has tested positive for E. coli, Salmonella, mold, lead and other heavy metals. No illnesses have been reported to the state from its use.
    Read More From MLive
    By Amy Biolchini | abiolch1@mlive.com
    The post Michigan officials end caregiver marijuana supply to medical pot shops appeared first on Komorn Law.
    View the full article
  6. Thanks
    KLAW Blog got a reaction from blackhorse in Finalist on “The Voice” sentenced to 1 year probation.   
    February 4th, 2019
    OTSEGO COUNTY, MICHIGAN: A musician who was a finalist on “The Voice” has been sentenced to 1 year probation.
    Laith Al-Saadi plead no contest to one count of possession of a controlled substance.
    The charges came from a traffic stop in February 2017 when Al-Saadi was pulled over by Michigan State Police for an expired license plate.
    According to the trooper, there was a strong smell of marijuana coming from the vehicle.
    “I fully recognize that it was stupid, and I have attempted to use this to better my life in the best way possible,” said Laith Al-Saadi at sentencing.

    Honorable George J. Mertz of the 46th Circuit Court said he took multiple things into consideration during sentencing, including the fact that Al-Saadi is 41 years old and does not have a criminal record.
    “My point is that I don’t think that you are using these things recreationally, and that makes a difference to me in sentencing,” said Judge Mertz. “You do have a very successful career and from what I’ve read you’ve used that in ways to help the community which I think is important, and I think it’s important you continue to be able to do that.”
    Although the case has had an impact on Al-Saadi’s career, his attorney says they are satisfied with the sentencing.
    Charged with a DUI or Drugged Driving?
    Contact Komorn Law… 800-656-3557
    While on probation Al-Saadi will be allowed to travel in and out of the state, as well as the country, if it is for work purposes.
    LAITH AL-SAADI
    His next performance in northern Michigan is a charity concert to support mental health will be held at the Traverse City Opera House on February 15th at 7:30 p.m. ‘Cure for the Winter Blues‘
    Visit Laith Al-Saadi website For more information
    Finalist on “The Voice” sentenced to 1 year probation. Opioid Alternative Pilot Program in Illinois Michigan “The Voice” finalist Laith Al-Saadi sentenced on drug charge. Chronic pain drives patients to use medical marijuana study states The Michigan Supreme Court, Local Control and Medical Marijuana The post Finalist on “The Voice” sentenced to 1 year probation. appeared first on Komorn Law.
    View the full article
  7. Like
    KLAW Blog got a reaction from Wild Bill in Lawsuit Filed To Remove Cannabis From Michigan Controlled Substances List   
    Cannabis advocates are suing the State of Michigan to remove marijuana from the state’s list of controlled substances in its Public Health Code.
    Although the passing of the adult-use marijuana law in Michigan in 2018, medical marijuana laws and the addition of bureaucracy and state taxes on marijuana sales, the state’s Public Health Code still treats marijuana like heroin.
    “For 80 years they’ve been locking people up and taking their possessions and harassing and terrorizing us as citizens because we like to smoke weed,” said poet and activist John Sinclair
    “I want to be part of every effort to completely remove the police from our lives regarding to marijuana. They’ve got nothing at all to do with marijuana.”
    Sinclair is one of several plaintiffs on the lawsuit against the Michigan Board of Pharmacy and its chairwoman Nichole Cover, filed last week in the Michigan Court of Claims.
     
    Interested in getting a license to operate a Cannabis Business. You need a full service law firm.
    Contact Komorn Law… 800-656-3557.  
    Other plaintiffs include the Michigan Medical Marijuana Association, Dr. Christian Bogner, who researches the effects of cannabis to treat autism; Josey Scoggin, whose daughter is a medical marijuana patient; Paul Littler, a pharmacist; NORML of Michigan.
    The “absurdity” of the legal conflict between the Medical Marihuana Facilities Licensing Act and the Public Health Code has to be addressed, said Michael Komorn, one of the attorneys behind the case.
    “It’s intellectually dishonest,” Komorn said.
    For the past year, state officials have allowed caregivers to grow marijuana at home and bring it to provisioning centers to sell to patients — a practice that continues as there’s a shortage of licensed marijuana in the market.
    “This is not a controlled substance,” Komorn said. “The idea that someone would be growing an opioid … and bringing it to a pharmacy because they were running low on their meds is the scenario that would have to exist in order for marijuana to remain as a scheduled drug.”
    “Michigan’s Public Health Code was adopted in 1978, and mirrored much of the national rhetoric towards drugs”, Komorn said.
    John Sinclair has a long history of advocacy in Michigan; his 1967 arrest over two joints sparked the first Hash Bash in Ann Arbor.
    The Michigan Supreme Court in 1972 noted in the opinion that overturned Sinclair’s conviction that…
    “not only that there is no rational basis for classifying marijuana with the ‘hard narcotics’, but, also, that there is not even a rational basis for treating marijuana as a more dangerous drug than alcohol.”
    The post Lawsuit Filed To Remove Cannabis From Michigan Controlled Substances List appeared first on Komorn Law.
    View the full article
  8. Like
    KLAW Blog got a reaction from Greg Rx in Lawsuit Filed To Remove Cannabis From Michigan Controlled Substances List   
    Cannabis advocates are suing the State of Michigan to remove marijuana from the state’s list of controlled substances in its Public Health Code.
    Although the passing of the adult-use marijuana law in Michigan in 2018, medical marijuana laws and the addition of bureaucracy and state taxes on marijuana sales, the state’s Public Health Code still treats marijuana like heroin.
    “For 80 years they’ve been locking people up and taking their possessions and harassing and terrorizing us as citizens because we like to smoke weed,” said poet and activist John Sinclair
    “I want to be part of every effort to completely remove the police from our lives regarding to marijuana. They’ve got nothing at all to do with marijuana.”
    Sinclair is one of several plaintiffs on the lawsuit against the Michigan Board of Pharmacy and its chairwoman Nichole Cover, filed last week in the Michigan Court of Claims.
     
    Interested in getting a license to operate a Cannabis Business. You need a full service law firm.
    Contact Komorn Law… 800-656-3557.  
    Other plaintiffs include the Michigan Medical Marijuana Association, Dr. Christian Bogner, who researches the effects of cannabis to treat autism; Josey Scoggin, whose daughter is a medical marijuana patient; Paul Littler, a pharmacist; NORML of Michigan.
    The “absurdity” of the legal conflict between the Medical Marihuana Facilities Licensing Act and the Public Health Code has to be addressed, said Michael Komorn, one of the attorneys behind the case.
    “It’s intellectually dishonest,” Komorn said.
    For the past year, state officials have allowed caregivers to grow marijuana at home and bring it to provisioning centers to sell to patients — a practice that continues as there’s a shortage of licensed marijuana in the market.
    “This is not a controlled substance,” Komorn said. “The idea that someone would be growing an opioid … and bringing it to a pharmacy because they were running low on their meds is the scenario that would have to exist in order for marijuana to remain as a scheduled drug.”
    “Michigan’s Public Health Code was adopted in 1978, and mirrored much of the national rhetoric towards drugs”, Komorn said.
    John Sinclair has a long history of advocacy in Michigan; his 1967 arrest over two joints sparked the first Hash Bash in Ann Arbor.
    The Michigan Supreme Court in 1972 noted in the opinion that overturned Sinclair’s conviction that…
    “not only that there is no rational basis for classifying marijuana with the ‘hard narcotics’, but, also, that there is not even a rational basis for treating marijuana as a more dangerous drug than alcohol.”
    The post Lawsuit Filed To Remove Cannabis From Michigan Controlled Substances List appeared first on Komorn Law.
    View the full article
  9. Like
    KLAW Blog got a reaction from Restorium2 in Lawsuit Filed To Remove Cannabis From Michigan Controlled Substances List   
    Cannabis advocates are suing the State of Michigan to remove marijuana from the state’s list of controlled substances in its Public Health Code.
    Although the passing of the adult-use marijuana law in Michigan in 2018, medical marijuana laws and the addition of bureaucracy and state taxes on marijuana sales, the state’s Public Health Code still treats marijuana like heroin.
    “For 80 years they’ve been locking people up and taking their possessions and harassing and terrorizing us as citizens because we like to smoke weed,” said poet and activist John Sinclair
    “I want to be part of every effort to completely remove the police from our lives regarding to marijuana. They’ve got nothing at all to do with marijuana.”
    Sinclair is one of several plaintiffs on the lawsuit against the Michigan Board of Pharmacy and its chairwoman Nichole Cover, filed last week in the Michigan Court of Claims.
     
    Interested in getting a license to operate a Cannabis Business. You need a full service law firm.
    Contact Komorn Law… 800-656-3557.  
    Other plaintiffs include the Michigan Medical Marijuana Association, Dr. Christian Bogner, who researches the effects of cannabis to treat autism; Josey Scoggin, whose daughter is a medical marijuana patient; Paul Littler, a pharmacist; NORML of Michigan.
    The “absurdity” of the legal conflict between the Medical Marihuana Facilities Licensing Act and the Public Health Code has to be addressed, said Michael Komorn, one of the attorneys behind the case.
    “It’s intellectually dishonest,” Komorn said.
    For the past year, state officials have allowed caregivers to grow marijuana at home and bring it to provisioning centers to sell to patients — a practice that continues as there’s a shortage of licensed marijuana in the market.
    “This is not a controlled substance,” Komorn said. “The idea that someone would be growing an opioid … and bringing it to a pharmacy because they were running low on their meds is the scenario that would have to exist in order for marijuana to remain as a scheduled drug.”
    “Michigan’s Public Health Code was adopted in 1978, and mirrored much of the national rhetoric towards drugs”, Komorn said.
    John Sinclair has a long history of advocacy in Michigan; his 1967 arrest over two joints sparked the first Hash Bash in Ann Arbor.
    The Michigan Supreme Court in 1972 noted in the opinion that overturned Sinclair’s conviction that…
    “not only that there is no rational basis for classifying marijuana with the ‘hard narcotics’, but, also, that there is not even a rational basis for treating marijuana as a more dangerous drug than alcohol.”
    The post Lawsuit Filed To Remove Cannabis From Michigan Controlled Substances List appeared first on Komorn Law.
    View the full article
  10. Thanks
    KLAW Blog got a reaction from blackhorse in Michigan officials deal with CBD oil regulation   
    Cannabidiol, or CBD oil, is no longer considered to be marijuana in Michigan under a new legal framework created by the 2018 U.S. Farm Bill and a state law that takes effect this March.
    Instead of categorizing “all things green and smelly” by default as marijuana, the federal government has defined that the cannabis sativa L. plant that has less than 0.3 percent THC by dry weight as hemp, said Michael Komorn, a lawyer and president of the Michigan Medical Marijuana Association.
    Yet state officials have not yet determined how it will be regulated.
    CBD oil is typically derived from hemp — though it can be derived from marijuana — and contains less than 0.3 percent THC, the active component in cannabis that makes someone high. CBD oil is rising in popularity for treatment of pain, anxiety and depression.
    “CBD and other cannabinoids extracted from the plant are not criminalized anymore but would be subject to FDA regulations,” Komorn said.
     
    Have a Law Firm represent your interests to get your state license to operate your Cannabis Business.
    Contact Komorn Law… 800-656-3557.  
    In May 2018 officials at the Department of Licensing and Regulatory Affairs announced that they regarded CBD oil as marijuana — which sparked backlash from users, who didn’t like the idea of getting a medical marijuana card just to buy a product that contained relatively no THC.
    Read The Rest Of The Story Here
    The sounds of flipping and flopping can be heard in the halls
    The post Michigan officials deal with CBD oil regulation appeared first on Komorn Law.
    View the full article
  11. Like
    KLAW Blog got a reaction from blackhorse in LARA allows unlicensed dispensaries to reopen   
    Medical Marijuana Patients Protected Under LARA Recommendation Regarding Temporary Operating Facilities
     
    January 15, 2019 – The Dept. of Licensing and Regulatory Affairs (LARA) will recommend tomorrow that the Medical Marihuana Licensing Board (MMLB) adopt a resolution which will help maintain patient access to medical marijuana.
    LARA’s recommendation will allow temporarily operating facilities to reopen without it being an impediment to future licensure and will also allow licensed facilities to source product from caregivers without it resulting in disciplinary action.
    “We have heard from Michiganders closely affected by the ongoing transition to licensed marijuana facilities,” said Gov. Gretchen Whitmer.
    “It is important that we ensure that patients have access to their medicine while the medical marijuana industry continues to develop.”
    “This recommendation will extend the temporary operation of facilities and allow licensed businesses to remain competitive during this transition period,” said LARA Director Orlene Hawks.
    LARA recommends that the MMLB adopt a resolution that makes it clear that disciplinary action will not be taken against an applicant in the following circumstances:
     
    Have a Law Firm represent your interests to get your state license to operate your Cannabis Business.
    Contact Komorn Law… 800-656-3557.  
    Temporarily Operating Facilities (through March 31, 2019)
    The applicant’s proposed facility is within a municipality that had an authorizing ordinance in place by December 15, 2017. The applicant applied for a license no later than February 15, 2018. The applicant notifies the Department within one business day of becoming aware of any adverse reaction to a marijuana product sold or transferred. Licensed Provisioning Centers (through March 31, 2019)
    The Board will not take disciplinary action against a licensed provisioning center for purchasing marijuana products from either a registered primary caregiver or from a temporarily operating facility, as long as the licensee does all the following:
    Obtain signed patient consent prior to selling any marijuana products that have not been tested in full compliance with the law and administrative rules. Enter all inventory into the statewide monitoring system immediately upon receipt from a caregiver or from a temporarily operating facility. Verify and confirm – before any sale or transfer – with government issued photo identification and the statewide monitoring system that the customer holds a valid registry identification card. Enter all sales in the statewide monitoring system and determine sales will not exceed daily purchasing limits. Notify LARA within one business day of becoming aware of any adverse reaction to a marijuana product sold or transferred. Licensed Growers or Processors (through March 31, 2019)
    The Board will not take disciplinary action against a licensed grower or processor for purchasing marijuana products from either a registered primary caregiver or from a temporarily operating facility, as long as the licensee does all the following:
    Enter all marijuana products as inventory into the statewide monitoring system immediately upon receipt. Tag or package all inventory that has been identified in the statewide monitoring system. Only transfer marijuana products that have been tested in full compliance with the law and administrative rules. Notify LARA within one business day of becoming aware of any adverse reaction to a marijuana product sold or transferred. Updated Consent Form for the Sale or Transfer of Untested Marihuana Product 
    The post LARA allows unlicensed dispensaries to reopen appeared first on Komorn Law.
    View the full article
  12. Thanks
    KLAW Blog got a reaction from blackhorse in Hemp firm CEO detained in Florida for carrying lotion, shampoo   
    An article in Hemp Today stated Cannabis activist and hemp entrepreneur Hana Gabrielova was detained and fined $500 in Florida yesterday for being in possession of hemp-based shampoo and lotion.
    Gabrielova, a Czech citizen and CEO at Jihlava, Czech-based Hempoint s.r.o., was singled out and detained after a sniffer dog alerted authorities to her luggage upon arrival to Fort Lauderdale-Hollywood International Airport, she told HempToday.
    3-hour detention
    U.S. Customs & Border Protection agents detained her for three hours, Gabrielova said. They issued the fine after they claimed analysis showed the presence of THC in lotion Gabrielova picked up in California and a Czech made shampoo she’d carried with her on a business trip to South America after flying from California. The officers did not indicate how much THC their test showed, only saying the analysis was “positive,” Gabrielova said.
    “I asked them many times to cite the law the fine was based on,” Gabrielova said. “They couldn’t do it. They just kept saying THC is an illegal substance to import. So I got fined for the illegal import of THC in shampoo and lotion.”
     
    Starting a Hemp or Cannabis Business?
    Contact Komorn Law Immediately to secure your place in the growing BILLION dollar industry… 800-656-3557.  
    Getting off easy?
    In the end, agents told Gabrielova they were letting her off easy, as the maximum fine for such an offense is $5,000.
    “They made me out to be a criminal for using hemp shampoo. That’s insane,” she said. “They took the CBD-only cream which works for my excema, as well as the shampoo.”
    The post Hemp firm CEO detained in Florida for carrying lotion, shampoo appeared first on Komorn Law.
    View the full article
  13. Like
    KLAW Blog got a reaction from Wild Bill in Marihuana infused products through provisioning centers must not exceed the set THC levels   
    The Bureau of Medical Marihuana Regulation (BMMR) enforces the Administrative Rules under the authority of the Medical Marihuana Facilities Licensing Act (MMFLA).
    Administrative Rule 62 (R 333.262) states that marihuana-infused products processed, sold, or transferred through provisioning centers must not exceed the maximum THC levels as established by the department.
    For the purposes of maximum THC levels for marihuana-infused products, the department published a list of maximum THC concentration and serving limits.
    The list is available here https://www.michigan.gov/documents/lara/THC_Limits_Bulletin_639431_7.pdf.
     
    Arrested for or Charged with DUI or driving under the influence of “drugs”?… Contact Komorn Law  800-656-3557.  
    Next Level Delivery of your Cannabis

    Visit the MMMA Forum to learn more and open discussions
    More information
    Board Agenda – November 8, 2018  Emergency Rules – October 1, 2018  Emergency Rules – September 11, 2018  Emergency Rules – May 30, 2018  THC_Limits_Bulletin_639431_7.pdf. Protecting Water Resources When Growing and Processing Marihuana – Advisory Bulletin  Daily Purchasing Limits & Item Categories in METRC – Advisory Bulletin  Tips for Licensees Fire-Rated Separations  Clarification Regarding Chairman Johnson’s Statement at Today’s Medical Marihuana Licensing Board Meeting – Advisory Bulletin  Online Registration Now Available for Michigan’s Medical Marihuana Patients 30-Day Transition Period – Advisory Bulletin  September Emergency Rules Transition – Advisory Bulletin  Caregiver and Patient Status Requirements for Certain Licensed Facilities – Advisory Bulletin  Important Metrc Training Info  Beginning Inventory Guidelines for Michigan  Safety Compliance Facility Information – Technical Bulletin  Edible Marihuana Products Bulletin – Advisory Bulletin  Department Banned Pesticide Active Ingredient List – Technical Bulletin  THCA Crystals/Diamonds – Advisory Bulletin  MIOSHA Medical Marihuana Industry Fact Sheet   
    About Komorn Law
    Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.
    If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.
    Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
    Contact us for a free no-obligation case evaluation  800-656-3557.
    Follow Komorn Law
    Facebook Twitter You Tube  Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums)  
    This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Marihuana infused products through provisioning centers must not exceed the set THC levels appeared first on Komorn Law.
    View the full article
  14. Like
    KLAW Blog got a reaction from Wild Bill in Do Your Homework Before Hiring the Right Attorney For Your Cannabis Business   
    Saw this on MichiganHempIndustries.com and thought it made sense.
    MARIJUANA ATTORNEY CLONES
    The “marijuana” attorney clones are spawning out of mist to hop on the cannabis train that very few lawyers, activists and victims of the system struggled to get a seat on.  Those people are the ones that fought all along for the rights of those charged with marijuana “crimes”, fought for medical marijuana and exposed themselves to the public to eventually get marijuana recognized enough as OK to be recreational.
     
    These few attorneys know and understand the community and have been part of the community.  The lawyers now appearing out of thin air as “experienced” and marketing for a page 1 slot position in a Google search have not been in the trenches.  There are some that fought from the shadows and offered support, but they gained no experience from not facing the challenges.  Some attorneys viewed these types of cases as a quick income and knew well in advance they were going to plea out.
     
    The new marijuana laws are intricate, evolving to adapt and require special attention to understand. You want someone who knows the inner workings of state and local governments and the laws where your business operates.
    Thinking of starting a cannabis related business in Michigan?  Contact Komorn Law  800-656-3557. But first do your homework like the article says. It’s OK we welcome it. Start at the bottom of this page.  Finish the article first!  
    DON’T BELIEVE THE HYPE
    Before hiring an attorney or legal consultant don’t believe the hype they put out.  Do your homework and check to see if the lawyer you’re looking at has some connection to the community and has focused their practice around marijuana.  It doesn’t mean they should be 100% focused on it but a sizable portion of their practice should be the main focus.
     
    CHECK THEM OUT
    If they claim to be part of the community – check it out.  Ask people in the cannabis community who they would refer or go to. Then ask why and what their experience was with the attorney.
     
    If the attorney claims victory after victory with little or no information (yes – there are privacy issues) something may be off. One could make stories up all day long.
     
     
    WHAT ELSE DO THEY DO
    Do they upload videos to you tube? Do they have a radio show? What do their reviews look like? Do the reviews look real? Look into it.  This is the person that’s going to be the one who has your back, keep you safe and stand up for you if you screw something up.
     
    WORD OF MOUTH
    This article could go on and on but by now you should have been motivated to do your homework and make some good choices.  This article was not made for SEO and Googlized to be #1.  It was made make you think and be proactive.  Remember word of mouth has always been the best form of advertising.  The best thing to do is just ask the people who were already there and happy with the results. Then dig deeper.  Oh yeah…RIP- Stan Lee.
     
     
    About Komorn Law
    Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.
    If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.
    Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
    Contact us for a free no-obligation case evaluation  800-656-3557.
    Follow Komorn Law
    Facebook Twitter You Tube  Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums)  
    This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Do Your Homework Before Hiring the Right Attorney For Your Cannabis Business appeared first on Komorn Law.
    View the full article
  15. Like
    KLAW Blog got a reaction from mishigami bear in Do Your Homework Before Hiring the Right Attorney For Your Cannabis Business   
    Saw this on MichiganHempIndustries.com and thought it made sense.
    MARIJUANA ATTORNEY CLONES
    The “marijuana” attorney clones are spawning out of mist to hop on the cannabis train that very few lawyers, activists and victims of the system struggled to get a seat on.  Those people are the ones that fought all along for the rights of those charged with marijuana “crimes”, fought for medical marijuana and exposed themselves to the public to eventually get marijuana recognized enough as OK to be recreational.
     
    These few attorneys know and understand the community and have been part of the community.  The lawyers now appearing out of thin air as “experienced” and marketing for a page 1 slot position in a Google search have not been in the trenches.  There are some that fought from the shadows and offered support, but they gained no experience from not facing the challenges.  Some attorneys viewed these types of cases as a quick income and knew well in advance they were going to plea out.
     
    The new marijuana laws are intricate, evolving to adapt and require special attention to understand. You want someone who knows the inner workings of state and local governments and the laws where your business operates.
    Thinking of starting a cannabis related business in Michigan?  Contact Komorn Law  800-656-3557. But first do your homework like the article says. It’s OK we welcome it. Start at the bottom of this page.  Finish the article first!  
    DON’T BELIEVE THE HYPE
    Before hiring an attorney or legal consultant don’t believe the hype they put out.  Do your homework and check to see if the lawyer you’re looking at has some connection to the community and has focused their practice around marijuana.  It doesn’t mean they should be 100% focused on it but a sizable portion of their practice should be the main focus.
     
    CHECK THEM OUT
    If they claim to be part of the community – check it out.  Ask people in the cannabis community who they would refer or go to. Then ask why and what their experience was with the attorney.
     
    If the attorney claims victory after victory with little or no information (yes – there are privacy issues) something may be off. One could make stories up all day long.
     
     
    WHAT ELSE DO THEY DO
    Do they upload videos to you tube? Do they have a radio show? What do their reviews look like? Do the reviews look real? Look into it.  This is the person that’s going to be the one who has your back, keep you safe and stand up for you if you screw something up.
     
    WORD OF MOUTH
    This article could go on and on but by now you should have been motivated to do your homework and make some good choices.  This article was not made for SEO and Googlized to be #1.  It was made make you think and be proactive.  Remember word of mouth has always been the best form of advertising.  The best thing to do is just ask the people who were already there and happy with the results. Then dig deeper.  Oh yeah…RIP- Stan Lee.
     
     
    About Komorn Law
    Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.
    If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.
    Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
    Contact us for a free no-obligation case evaluation  800-656-3557.
    Follow Komorn Law
    Facebook Twitter You Tube  Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums)  
    This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Do Your Homework Before Hiring the Right Attorney For Your Cannabis Business appeared first on Komorn Law.
    View the full article
  16. Like
    KLAW Blog got a reaction from semicaregiver in Do Your Homework Before Hiring the Right Attorney For Your Cannabis Business   
    Saw this on MichiganHempIndustries.com and thought it made sense.
    MARIJUANA ATTORNEY CLONES
    The “marijuana” attorney clones are spawning out of mist to hop on the cannabis train that very few lawyers, activists and victims of the system struggled to get a seat on.  Those people are the ones that fought all along for the rights of those charged with marijuana “crimes”, fought for medical marijuana and exposed themselves to the public to eventually get marijuana recognized enough as OK to be recreational.
     
    These few attorneys know and understand the community and have been part of the community.  The lawyers now appearing out of thin air as “experienced” and marketing for a page 1 slot position in a Google search have not been in the trenches.  There are some that fought from the shadows and offered support, but they gained no experience from not facing the challenges.  Some attorneys viewed these types of cases as a quick income and knew well in advance they were going to plea out.
     
    The new marijuana laws are intricate, evolving to adapt and require special attention to understand. You want someone who knows the inner workings of state and local governments and the laws where your business operates.
    Thinking of starting a cannabis related business in Michigan?  Contact Komorn Law  800-656-3557. But first do your homework like the article says. It’s OK we welcome it. Start at the bottom of this page.  Finish the article first!  
    DON’T BELIEVE THE HYPE
    Before hiring an attorney or legal consultant don’t believe the hype they put out.  Do your homework and check to see if the lawyer you’re looking at has some connection to the community and has focused their practice around marijuana.  It doesn’t mean they should be 100% focused on it but a sizable portion of their practice should be the main focus.
     
    CHECK THEM OUT
    If they claim to be part of the community – check it out.  Ask people in the cannabis community who they would refer or go to. Then ask why and what their experience was with the attorney.
     
    If the attorney claims victory after victory with little or no information (yes – there are privacy issues) something may be off. One could make stories up all day long.
     
     
    WHAT ELSE DO THEY DO
    Do they upload videos to you tube? Do they have a radio show? What do their reviews look like? Do the reviews look real? Look into it.  This is the person that’s going to be the one who has your back, keep you safe and stand up for you if you screw something up.
     
    WORD OF MOUTH
    This article could go on and on but by now you should have been motivated to do your homework and make some good choices.  This article was not made for SEO and Googlized to be #1.  It was made make you think and be proactive.  Remember word of mouth has always been the best form of advertising.  The best thing to do is just ask the people who were already there and happy with the results. Then dig deeper.  Oh yeah…RIP- Stan Lee.
     
     
    About Komorn Law
    Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.
    If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.
    Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
    Contact us for a free no-obligation case evaluation  800-656-3557.
    Follow Komorn Law
    Facebook Twitter You Tube  Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums)  
    This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Do Your Homework Before Hiring the Right Attorney For Your Cannabis Business appeared first on Komorn Law.
    View the full article
  17. Like
    KLAW Blog got a reaction from blackhorse in Do Your Homework Before Hiring the Right Attorney For Your Cannabis Business   
    Saw this on MichiganHempIndustries.com and thought it made sense.
    MARIJUANA ATTORNEY CLONES
    The “marijuana” attorney clones are spawning out of mist to hop on the cannabis train that very few lawyers, activists and victims of the system struggled to get a seat on.  Those people are the ones that fought all along for the rights of those charged with marijuana “crimes”, fought for medical marijuana and exposed themselves to the public to eventually get marijuana recognized enough as OK to be recreational.
     
    These few attorneys know and understand the community and have been part of the community.  The lawyers now appearing out of thin air as “experienced” and marketing for a page 1 slot position in a Google search have not been in the trenches.  There are some that fought from the shadows and offered support, but they gained no experience from not facing the challenges.  Some attorneys viewed these types of cases as a quick income and knew well in advance they were going to plea out.
     
    The new marijuana laws are intricate, evolving to adapt and require special attention to understand. You want someone who knows the inner workings of state and local governments and the laws where your business operates.
    Thinking of starting a cannabis related business in Michigan?  Contact Komorn Law  800-656-3557. But first do your homework like the article says. It’s OK we welcome it. Start at the bottom of this page.  Finish the article first!  
    DON’T BELIEVE THE HYPE
    Before hiring an attorney or legal consultant don’t believe the hype they put out.  Do your homework and check to see if the lawyer you’re looking at has some connection to the community and has focused their practice around marijuana.  It doesn’t mean they should be 100% focused on it but a sizable portion of their practice should be the main focus.
     
    CHECK THEM OUT
    If they claim to be part of the community – check it out.  Ask people in the cannabis community who they would refer or go to. Then ask why and what their experience was with the attorney.
     
    If the attorney claims victory after victory with little or no information (yes – there are privacy issues) something may be off. One could make stories up all day long.
     
     
    WHAT ELSE DO THEY DO
    Do they upload videos to you tube? Do they have a radio show? What do their reviews look like? Do the reviews look real? Look into it.  This is the person that’s going to be the one who has your back, keep you safe and stand up for you if you screw something up.
     
    WORD OF MOUTH
    This article could go on and on but by now you should have been motivated to do your homework and make some good choices.  This article was not made for SEO and Googlized to be #1.  It was made make you think and be proactive.  Remember word of mouth has always been the best form of advertising.  The best thing to do is just ask the people who were already there and happy with the results. Then dig deeper.  Oh yeah…RIP- Stan Lee.
     
     
    About Komorn Law
    Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.
    If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.
    Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
    Contact us for a free no-obligation case evaluation  800-656-3557.
    Follow Komorn Law
    Facebook Twitter You Tube  Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums)  
    This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Do Your Homework Before Hiring the Right Attorney For Your Cannabis Business appeared first on Komorn Law.
    View the full article
  18. Like
    KLAW Blog got a reaction from blackhorse in Michigan Voters Say Yes to Proposal 1 for Recreational Cannabis Use   
    Michigan Voters Say Yes to Proposal 1 for Recreational Cannabis Use

    Never thought this would happen in my lifetime….
    Michigan voters on Tuesday November 6, 2018 approved Proposal 1 to legalize recreational marijuana, but residents will have to wait nearly a month to legally light up and much longer for retail sales.
     
    The initiative will become law 10 days after election results are certified, which must happen by at least Nov. 26, 2018.
     
    That means adults over the age of 21 will be able to legally possess up to 2.5 ounces of marijuana by Dec. 6, perhaps sooner if election results are certified prior to the deadline.

    “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. Use both those rights and Contact Komorn Law Immediately to secure your rights 800-656-3557.  
    Smoking marijuana in public will NOT be legal under the new law, nor will driving under the influence of marijuana.
     
    It will likely take more than a year for recreational pot shops to begin retail sales. Under the law, the state must begin accepting applications within 12 months. If the state does not do it then businesses could apply directly to a municipality to open a shop.
     
    Municipalities will have the option to prohibit marijuana businesses or limit the number that can operate within their jurisdiction.
     
    Recreational cannabis will not be able to be obtained through licensed Michigan Medical Marihuana dispensaries or provisioning centers.
     
    About Komorn Law
    Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.
    If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.
    Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
    Contact us for a free no-obligation case evaluation  800-656-3557.
    Follow Komorn Law
    Facebook Twitter You Tube  Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums)  
    This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information. The post Michigan Voters Say Yes to Proposal 1 for Recreational Cannabis Use appeared first on Komorn Law.
    View the full article
  19. Thanks
    KLAW Blog got a reaction from Wild Bill in Client testimonies about their experience with the legal system   
    Komorn Law clients speak about their experience with the legal system
     
    Several of Komorn Law client’s as well as other individuals have chosen to speak about their encounter with law enforcement, the legal system and how it has affected their lives, families and future. Their encounters with law enforcement vary as well as the end results.
    Here are some of their stories captured on video.
    Note: In the upper left corner of the video there is a menu which gives you access to a playlist of numerous videos

     
    Don’t Forget
    The Police may legally lie, bluff, mislead and intimidate you. Most “avoidable arrests” occur from trickery and intimidation and failing to understand your rights and when to assert them. Refusing to answer questions is not an admission of guilt Asserting your right to remain silent is not an admission of guilt Demanding to have your lawyer present during any questioning is not an admission of guilt Refusing a search is not an admission of guilt. Be aware of Police Questions:
     “Have you had anything to drink tonight?”  Best response: is no Where are you coming from? It is best to have this answer pre-prepared so as to not raise suspicion.Or answer the Officers questions by stating “Respectfully officer, I don’t have to answer that.” “Not answering is suspicious, why are you not answering my question, clearly you are doing something wrong?” Best Answer: “Officer, respectfully I am aware of my rights, and constitutional protections, and I know I have no legal obligation to answer your questions. “Not answering is resisting me in this investigation”
    Best Answer: “I’m not resisting, respectfully, I don’t have to answer anything.” “If you have nothing to hide, you don’t mind if I look around.”
    Best response: “I’m sorry Officer, but I don’t consent to searches.” “If you refuse a search, I’ll have to call a K-9 unit.”
    Best response: “Officer, are you detaining me, or am I free to go?” Officers cannot detain you past the purpose of the traffic stop and detaining you beyond this purpose is constitutionally illegal. Specifically officers cannot detain you beyond the traffic stop for the purpose of calling for a k-9 unit or drug sniffing dog. If you or someone you know has been charged with a crime you should have an attorney representing your interests.  Contact Komorn Law Immediately to protect your rights  800-656-3557. Related Links
    See The Know Your Rights Library Index Here See The United State Constitution here About Komorn Law
    Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.
    If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.
    Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
    Contact us for a free no-obligation case evaluation  800-656-3557.
    Follow Komorn Law
    Facebook Twitter You Tube  Komorn Law Blogs MMMA Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Michigan Medical Marijuana Association (Forums) This page is for informational purposes only. Laws, regulations and the world changes routinely therefore we insist you consult an attorney for the most current legal information. The post Client testimonies about their experience with the legal system appeared first on Komorn Law.
    View the full article
  20. Like
    KLAW Blog got a reaction from blackhorse in Seattle Throws Out 15 Years of Marijuana Convictions   
    Judges in Seattle have decided to vacate the marijuana convictions of hundreds of people who were penalized for pot possession before the state made marijuana legal in 2012.
    According to the Seattle Times, in April, city attorney Pete Holmes filed a motion asking the city’s seven municipal court judges to vacate the convictions of anyone charged with misdemeanor possession between 1996 and 2010. Holmes, who was elected in 2010, decided to stop prosecuting minor marijuana offenses when he took office.
    “Inasmuch as the conduct for which the defendant was convicted is no longer criminal,” read the judges’ order, “setting aside the conviction and dismissing the case serves the interests of justice.”
     
    Have you been charged with a drug crime or violation of the Michigan Medical Marijuana Act? Remain Silent and Contact Komorn Law Immediately to protect your rights and freedom 800-656-3557.  
    On Monday, all seven judges passed the order (pdf).
    The order also noted:
    Possession of Marijuana charges prosecuted in Seattle Municipal Court between 1996 and 2010 disproportionally impacted persons of color in general, and the African American community in particular. Of the over 500 cases involved in this motion, the racial demographics of defendants were: 3% Asian, 46% black, 46% white, 3% Native American, 2% unknown. The Court makes no finding that these numbers are 100% accurate, or that individual defendants were specifically impacted because of their race.
    City officials estimate that 542 people will be affected by the motion. Those affected by the order will be notified by mail and will have 33 days to object to having the charge removed or request an individualized filing. Those who want the charges removed from their records will have to do absolutely nothing.
    “For too many who call Seattle home, a misdemeanor marijuana conviction or charge has created barriers to opportunity—good jobs, housing, loans and education,” said Seattle Mayor Jenny Durkan,
     
    About Komorn Law
    Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry.
    If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, etc. Please contact our office and ensure you’re defended by an experienced lawyer in the evolving laws.
    Lead attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
    Contact us for a free no-obligation case evaluation
    800-656-3557.
    Follow Komorn Law
    Facebook Twitter You Tube – Komorn (Legal Topics and Advice) Michigan Medical Marijuana Association Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Komorn Law Blogs Michigan Medical Marijuana Association (Forums)  
    The post Seattle Throws Out 15 Years of Marijuana Convictions appeared first on Komorn Law.
    View the full article
  21. Like
    KLAW Blog got a reaction from Wild Bill in Seattle Throws Out 15 Years of Marijuana Convictions   
    Judges in Seattle have decided to vacate the marijuana convictions of hundreds of people who were penalized for pot possession before the state made marijuana legal in 2012.
    According to the Seattle Times, in April, city attorney Pete Holmes filed a motion asking the city’s seven municipal court judges to vacate the convictions of anyone charged with misdemeanor possession between 1996 and 2010. Holmes, who was elected in 2010, decided to stop prosecuting minor marijuana offenses when he took office.
    “Inasmuch as the conduct for which the defendant was convicted is no longer criminal,” read the judges’ order, “setting aside the conviction and dismissing the case serves the interests of justice.”
     
    Have you been charged with a drug crime or violation of the Michigan Medical Marijuana Act? Remain Silent and Contact Komorn Law Immediately to protect your rights and freedom 800-656-3557.  
    On Monday, all seven judges passed the order (pdf).
    The order also noted:
    Possession of Marijuana charges prosecuted in Seattle Municipal Court between 1996 and 2010 disproportionally impacted persons of color in general, and the African American community in particular. Of the over 500 cases involved in this motion, the racial demographics of defendants were: 3% Asian, 46% black, 46% white, 3% Native American, 2% unknown. The Court makes no finding that these numbers are 100% accurate, or that individual defendants were specifically impacted because of their race.
    City officials estimate that 542 people will be affected by the motion. Those affected by the order will be notified by mail and will have 33 days to object to having the charge removed or request an individualized filing. Those who want the charges removed from their records will have to do absolutely nothing.
    “For too many who call Seattle home, a misdemeanor marijuana conviction or charge has created barriers to opportunity—good jobs, housing, loans and education,” said Seattle Mayor Jenny Durkan,
     
    About Komorn Law
    Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry.
    If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, etc. Please contact our office and ensure you’re defended by an experienced lawyer in the evolving laws.
    Lead attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
    Contact us for a free no-obligation case evaluation
    800-656-3557.
    Follow Komorn Law
    Facebook Twitter You Tube – Komorn (Legal Topics and Advice) Michigan Medical Marijuana Association Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Komorn Law Blogs Michigan Medical Marijuana Association (Forums)  
    The post Seattle Throws Out 15 Years of Marijuana Convictions appeared first on Komorn Law.
    View the full article
  22. Like
    KLAW Blog got a reaction from Wild Bill in Michigan 2017 House Bill 4158 – Require conviction for property forfeiture   
    To establish that property seized from a person because it may be associated with a suspected drug crime is not subject to forfeiture unless the individual is actually convicted. The bill would also prohibit officials from requiring a person to negotiate for return of their property.
     
    However, the conviction requirement would only apply to forfeitures of less than $50,000 (meaning police and prosecutors could still take and keep those assets using a lower burden of proof).
    Introduced by Rep. Peter Lucido (R) on February 2, 2017
    Passed 83 to 26 in the House on May 8, 2018. 
    See Who Voted – Yes / No – below to establish that property seized from a person because it may be associated with a suspected drug crime is not subject to forfeiture unless an individual is actually convicted.
     
    Official Government Site
      
     
    IN FAVOR
     
    HOUSE DEMOCRATS
    Brinks (D) Byrd (D) Camilleri (D) Chang (D) Clemente (D) Durhal (D) Ellison (D) Garrett (D) Gay-Dagnogo (D) Geiss (D) Greig (D) Hammoud (D) Hertel (D) Hoadley (D) Jones (D) LaGrand (D) Lasinski (D) Liberati (D) Moss (D) Pagan (D) Peterson (D) Phelps (D) Rabhi (D) Robinson (D) Scott (D) Singh (D) Sneller (D) Sowerby (D) Wittenberg (D) Zemke (D)  
     HOUSE REPUBLICANS
    Afendoulis (R) Albert (R) Alexander (R) Allor (R) Barrett (R) Bellino (R) Bizon (R) Brann (R) Calley (R) Canfield (R) Chatfield (R) Cole (R) Farrington (R) Frederick (R) Glenn (R) Griffin (R) Hauck (R) Hernandez (R) Hoitenga (R) Hornberger (R) Howell (R) Howrylak (R) Hughes (R) Iden (R) Inman (R) Johnson (R) Kahle (R) Kelly (R) LaFave (R) Lauwers (R) Leonard (R) Leutheuser (R) Lilly (R) Lower (R) Lucido (R) Marino (R) McCready (R) Noble (R) Pagel (R) Reilly (R) Rendon (R) Roberts (R) Runestad (R) Sheppard (R) Tedder (R) Theis (R) VanderWall (R) VanSingel (R) Vaupel (R) Verheulen (R) Wentworth (R) Whiteford (R) Yaroch (R)  
    AGAINST
    HOUSE DEMOCRATS
    Cambensy (D) Chirkun (D) Cochran (D) Dianda (D) Elder (D) Faris (D) Green (D) Greimel (D) Guerra (D) Kosowski (D) Love (D) Neeley (D) Sabo (D) Santana (D) Yancey (D) Yanez (D)          
     
    HOUSE REPUBLICANS
    Cox (R) Crawford (R) Garcia (R) Graves (R) Kesto (R) LaSata (R) Maturen (R) Miller (R) Victory (R) Webber (R)  
     
    About Komorn Law
    Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry.
    If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, etc. Please contact our office and ensure you’re defended by an experienced lawyer in the evolving laws.
    Lead attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
    Contact us for a free no-obligation case evaluation
    800-656-3557.
    Follow Komorn Law
    Facebook Twitter You Tube – Komorn (Legal Topics and Advice) Michigan Medical Marijuana Association Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Komorn Law Blogs Michigan Medical Marijuana Association (Forums) The post Michigan 2017 House Bill 4158 – Require conviction for property forfeiture appeared first on Komorn Law.
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  23. Like
    KLAW Blog got a reaction from Wild Bill in 2018 Statewide Ballot Proposal Status in the State of Michigan   
    Below are links to various proposals for the State of Michigan 2018 vote.
    Statewide Ballot Proposal Status + Language
    Initiative and Constitutional Amendment Petitions
    Clean Energy, Healthy MI version 2 Keep Our Lakes Great Coalition to Regulate Marijuana Like Alcohol (https://www.regulatemi.org) Protecting Michigan Taxpayers Clean Michigan – Amended Petition – 7/3/2017 Raise Michigan MI Time to Care (Earned Sick Time) Voters Not Politicians Abrogate Prohibition (Legalize Cannabis) MI One Fair Wage Petition Protect Michigan Jobs​ Clean Energy, Healthy MI Petition Promote the Vote Petition  
    More proposal detail and other Michigan proposals
     
    2018 Michigan Statewide Petitions (All) 2018 Michigan Ballot_Proposal_Status_560960_7 2018 Petition Coalition to Regulate Marijuana Like Alcohol-572185_7 2018 ABROGATE PROHIBITION MICHIGAN Proposal 1 Detailed at Ballotpedia (Good) Make the use of the cannabis plant lawful in Michigan.  
    About Komorn Law
    Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry.
    If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, etc. Please contact our office and ensure you’re defended by an experienced lawyer in the evolving laws.
    Lead attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
    Contact us for a free no-obligation case evaluation
    800-656-3557.
    Follow Komorn Law
    Facebook Twitter You Tube – Komorn (Legal Topics and Advice) Michigan Medical Marijuana Association Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Komorn Law Blogs Michigan Medical Marijuana Association (Forums) The post 2018 Statewide Ballot Proposal Status in the State of Michigan appeared first on Komorn Law.
    View the full article
  24. Like
    KLAW Blog got a reaction from Wild Bill in Changes to Criminal Record Expungement Laws   
    Do you have a criminal record?
    Do you want to keep that criminal record?  The time to get it expunged is now.  The laws and the requirements have changed making it easier to remove that debacle from your life that you may or may not have done (but plead to it anyway).  Get your future back in order and feel confident about filling out job applications, social activities and so much more.
    Komorn Law can help you get rid of that criminal record
    Call us us for a free no-obligation case evaluation 800-656-3557.
    Explanation of Recent Changes to the Expungement Statute, MCL 780.621 et seq., amended by 2014 PA 463(eff. Jan 12, 2015)
    1.16 The Former Criminal Expungement Rule. 
    The eligibility rules before 2011 were (1) that the offender had to have only one conviction on his or her record, (2) that the conviction was for an eligible offense, and (3) that the petition could not be filed until five years after the imposition of sentence or completion of incarceration, whichever was later. Ineligible offenses were those with a maximum penalty of life and attempts to commit those crimes, certain sex crimes and attempts to commit those crimes, and traffic offenses.
    2011 Criminal Expungement Rule Change. 
    In June 2011, the legislature expanded the list of eligible offenders but narrowed the list of eligible offenses. An eligible offender included an individual with a single conviction on his or her record and also an individual who had one felony conviction and not more than two “minor offense” convictions. “Minor offense” was defined as an offense committed before the offender’s 21st birthday and for which the maximum penalty was not more than 90 days and a fine of not more than $1,000. The list of ineligible offenses was expanded to include child sexually abusive activity, using the Internet or computer to commit a crime, and attempts to commit those crimes. 2011 PA 64 (eff. June 23, 2011).
    2015 Criminal Expungement Rule Change. 
    Once again, the legislature expanded the list of eligible offenders but narrowed the list of eligible offenses. The legislature also changed the timing rules and expanded the definition of “misdemeanor” and “felony” conviction to include deferred and diverted matters.
    Practical Implications
    1.17 Eligible Offender. As of January 12, 2015, an eligible offender includes (1) an individual with a single conviction, (2) an individual with one felony conviction and two misdemeanor convictions, or (3) an individual with no felony convictions and two misdemeanor convictions. In the second scenario, the offender may petition to expunge the felony conviction alone. In the third scenario, the individual may petition to expunge one or both misdemeanor convictions. MCL 780.621(1)(a)–(b), .624.
    Eligible Offenses. An individual may not petition for the expungement of a felony conviction for which the maximum penalty is life imprisonment or attempts to commit those crimes, certain sex crimes and attempts to commit those crimes (including child sexually abusive activity; second degree child abuse; CSC first, second, third, and fourth degree; and assault with intent to commit CSC), and traffic offenses including drunk driving. The list also includes human trafficking convictions and a felony domestic violence conviction if the offender has a prior misdemeanor domestic violence conviction. MCL 780.621(3).
    CSC Fourth Degree. If the offender was convicted of CSC fourth degree before January 12, 2015, the individual may petition to expunge this conviction if the individual has no more than two “minor offenses” on his or her record (see the definition of “minor offense” above). There is no relief for a CSC fourth degree conviction entered after January 12, 2015. The statute is unclear about what happens for a CSC fourth degree conviction entered on January 12, 2015. MCL 780.621(1)(c).
    Misdemeanor Conviction. This term is now defined to include misdemeanor offenses under a penal law of this state, another state, an Indian tribe, the law of the United States, a local ordinance, etc. It also includes misdemeanor and felony matters deferred or dismissed under certain liquor code provisions, drug court diversions, veterans court diversions, HYTA, MCL 333.7411, domestic violence diversion, parental kidnapping diversion, and certain health care violations. MCL 780.621(2), (16)(f).
    Felony Conviction. For purposes of the offense to be set aside, this term applies to Michigan crimes for which the maximum penalty is more than one year or crimes that are designated by law to be a felony. For purposes of determining the offender’s prior record, this term includes convictions from this state, another state, or the United States if the offense is punishable by imprisonment for more than one year or is designated by law to be a felony. MCL 780.621(16)(c).
    Five-Year Wait. Previously, the individual was not allowed to file a petition until five years from the date of sentencing or five years from the completion of incarceration, whichever was later. Now, the five-year period runs from the completion of probation; the completion of parole; the completion of a prison sentence if no parole is granted (or is revoked); the completion of a jail sentence if no probation is imposed; or the date of sentencing if there is no incarceration, probation, or parole. MCL 780.621(5).
    Renewed Petitions. If the application is denied, it may not be refiled for at least three years unless the court specifies an earlier date in the order denying the application. MCL 780.621(6).
    Prostitution Convictions.Effective January 14, 2015, an individual may petition to expunge one or more prostitution convictions under MCL 750.448, .449, and .450, if the individual can prove by a preponderance of the evidence that the crime was committed as a direct result of being a victim of human trafficking (i.e, forced prostitution). There appears to be no limit on the number of prostitution convictions that may be expunged, and there is no time limitation for the filing of the petition (i.e., it may be filed without a five-year wait). MCL 780.621(4), (7), (13), amended by 2014 PA 335 (eff. Jan 14, 2015).
    Minor Offense.This term is now relevant only for CSC fourth degree convictions entered before January 12, 2015. “Minor offense” means a misdemeanor or ordinance violation committed before the age of 21 with a maximum penalty not to exceed 90 days and a maximum fine not to exceed $1,000. MCL 780.621(1)(c).
     
    About Komorn Law
    Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry, the criminal justice system and criminal record expungement.
    If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, etc. Please contact our office and ensure you’re defended by an experienced lawyer in the evolving laws.
    Lead attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
    Contact us for a free no-obligation case evaluation
    800-656-3557.
    Follow Komorn Law
    Facebook Twitter You Tube – Komorn (Legal Topics and Advice) Michigan Medical Marijuana Association Planet Green Trees (Law Topic Radio Show) Legal Defense Alliance (Pre-paid Legal Assistance) Komorn Law Blogs Michigan Medical Marijuana Association (Forums)  
    The post Changes to Criminal Record Expungement Laws appeared first on Komorn Law.
    View the full article
  25. Like
    KLAW Blog got a reaction from blackhorse in Detroit Judge Dismissed Felony Charges Against Medical Marijuana Grow Facility   
    July 31, 2018 -A Detroit Judge dismissed felony charges against six people arrested in a raid of a Detroit medical marijuana grow facility.
    All charges against Curtis Williams, 36; Cotea Jeanne Walsh, 37; Jones, 53; Travis Davison, 27; Jabari Currie, 31; and James Frazier, 32, of Detroit, were dismissed following a raid in the city of Detroit on May 29, 2018.
    Charges included felony drug delivery and manufacturing charges, both carrying up to 15 years in prison.
    Prosecutors argued that the facility on the 4400 block of West Jefferson Avenue was not licensed to grow marijuana.

    (Photo: Detroit Police Department)
    The Detroit Police Department’s Gang Intelligence Unit executed a search warrant at the medical marijuana facility and seized 200 marijuana plants, about $1 million worth, authorities said.
    “Over 1,000” plants were found in the raid, according to the Wayne County prosecutor’s office.
    (Note: 1000 or 200 plants or whatever)
    Officers seized marijuana and held employees at gunpoint during the May 29 raid, according to Harrington and his partners in the Denver-based marijuana company Viola Brands.
    All cannabis at the site was taken, the business’ accounts were frozen and employees’ vehicles were seized, according to the company.
    A defense attorney in the case, Michael Komorn, said the facility was granted a temporary operation’s certification from the city, allowing up to 1,500 plants while the facility waited for the filing process to be approved by the city. Komorn said the Wayne County Prosecutor’s Office made the argument that the facility only was allowed to sell, and not grow, at the facility.
    “That’s absurd,” Komorn said. “It’s a semantic issue because I would say everyone would understand that if they’ve been given permission to sell it, of course a medical marijuana caregivers center includes growing and cultivating marijuana.”
    The grow op’s certificate of occupancy from the city stated the intent for a greenhouse at the site, and the operation holds a temporary Class C license under Michigan’s Medical Marihuana Facilities Licensing Act allowing up to 1,500 plants, said 36th District Court Judge Kenneth King.
    Judge Kenneth King of 36th District Court dismissed the case “in the interest of fairness.”
    “In the interest of fairness and in the spirit of always trying to do the right thing, this court is left with no other choice but to dismiss this matter,” the judge said.
    King said he stayed up until 3:30 a.m. reading briefs in the case and sorting out the web of acronyms tied to Michigan’s medical marijuana law and the “seed-to-sale” tracking and tax, regulation and licensing system for marijuana growers and dispensaries that took effect late last year.
    “That kind of leads me to the burning question: if you’re able to dispense but you can’t grow it, how are you supposed to get it? Where are you supposed to get it from?”
    “I don’t believe the police had any malintent. The police are doing their job,” King said. “I think the real blame lies on the documents that were submitted and someone didn’t pay close attention to what the defendants were asking for.”
    Komorn said King understood his argument, and said the judge responded: “That kind of leads me to the burning question: ‘If you’re able to dispense but you can’t grow it, how are you supposed to get it?  Where are you supposed to get it from?’ ”
    The case had been set for a preliminary exam Tuesday. King said he expected his ruling to be appealed regardless of whether it favored the prosecution or defense.
    Here is a statement from the Wayne County Prosecutor’s Office:
    “I have confirmed that the court granted the defense motion to dismiss the case. However, I don’t have a written opinion.
    “It is my understanding that the court held that the defendants operated in good faith regarding all the provisions of the law that they knew about the class C license (1500 plants) for a grow operation. The duty was on the city of Detroit to inform them about what was required and they failed to do so.”
    All charges were dismissed Tuesday July 31, 2018.
    Also…Michigan voters will decide on a ballot question Nov. 6 that would legalize and tax recreational marijuana for users 21 and older. Medical marijuana was legalized in Michigan via a ballot proposal in 2008.
    Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry.
    Contact Us For More Information.
    800-656-3557
    The post Detroit Judge Dismissed Felony Charges Against Medical Marijuana Grow Facility appeared first on Komorn Law.
    View the full article
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