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  1. This is an older post that I have shared on other sites, I decided to add it to my blog.. Since the software update on this website, many of the images in this blog entry have been lost. You can view the complete content of this blog and more here: http://cchub.org/Blogs/blogs.html The story of the Hodgkin's Lymphoma (cancer) patient begins in October 2011. This information needs to be shared. This information must be shared. A while back, I kept hearing about it, read about it, and also about other concentrates. With my experience in using cannabis, from Colombian Gold, Thai Stick, Strawberry Cough, to Querkle, finger hash, different types of medibles (brownies, butter, cookies, candy). I will say that the medibles never really impressed me, I am sure they work for others, but for me, they did nothing. I also found it hard to believe the testimonies on the Run From the Cure video, that cannabis, when used correctly, can cure illness and disease assist in pain management, getting off of highly addictive pain medication, and so on. I did not believe that any of the oil extracts could be as potent as people had said, especially the Rick Simpson Oil. Out of all the information and research, it seems to me that the Rick Simpson Oil was my best option for treating cancer patients. So I decided to give it a try and see for myself. I have many years of experience in growing high quality medical grade marijuana, indoor, 100% organic. It took some time, but I saved up a large quantity of premium bud and followed the Rick Simpson directions (my buds were much more manicured than the ones in his video). I used 9 oz of premium bud, bone dry. I soaked the bud material in 99% isopropyl alcohol, a bit longer than recommended though. I did the wash or soak in wide mouth court canning jars so I could see what was going on. When I got to the point of putting it on the coffee cup warmer it took about 6 to 8 hours before the oil stopped bubbling, telling me that the iso had all been evaporated out. I then sucked the oil up into 2 tsp sized syringes while it was still warm. After it cooled down, I sampled a dose the size of a grain of rice, and I couldn't believe it! It offered much more than any bud I have ever smoked. I was absolutely shocked. After trying it, it made me a believer that the people in the video were speaking the truth of the oil curing them of their pains and illnesses. I never had anything like it before in my life. My patients couldn't handle taking three doses a day, the size of a grain of rice. It was too strong. When taking three doses, it seems to build up in your system, and you can develop a tolerance. You must take three doses per day in order to build up a tolerance and keep it. For both of my patients, it took them each six weeks before they were capable of increasing the dose size. One of my patients has Hodgkin's Lymphoma, a cancer that develops in the lymph-nodes, he has been battling this disease for 12 years and had been receiving chemo treatments and was facing radiation treatment, but he chose to try the oil instead of more chemo or radiation. Normally he would have already been taking his annual holiday visit to the hospital for a 6 week term for another bout of chemo, but this time it would have been radiation because he was getting worse and the chemo was hurting his body. He has yet to have been admitted this year. His doctors have even commented that he would be back before Thanksgiving. Well Thanksgiving has come and gone, he is not in the hospital, he is at home with his family and feeling pretty darn good. I think he will even be home for Christmas and be able to ring in the New Year at home. I am not claiming it is going to cure him, but I do believe it is doing him better than what the doctors have offered him during the past 12 years. If anything, this oil has offered this patient much hope. I will be sure to update on his condition in the future. Another patient I have encountered has severe gout. He took only a few doses of the oil, and the gout literally disappeared from his knuckles. Three months later, without taking any more oil, the gout had not returned to his knuckles and the gout on the rest of his body is still visible, but the swelling was reduced a lot. If he went through the full treatment, I believe the gout would be completely gone. I would also like to note a warning when taking this concentrated oil. It is very potent! This is something that a user should start off with small doses. Just one dose a little bit bigger than a grain of rice, had me lying down for a couple hours, praying to God to bring me back down. Also, my patients and I, when taking the oil three times a day, have noticed when waking up with the first cup of coffee, before taking the morning dose, feel a little buzzed. I highly recommend to make your own oil. I have tried others and got nothing from it. Here is the batch of oil made with the 9 oz of product. It produced 8.5 teaspoons of the Simpson oil. If you ask me, Simpson oil is more efficient than smoking bud. It is not for everyone. One small dose of the oil has much longer lasting effects then any other marijuana products I have tried. The effects can last from 6 to 12 hours from one small dose. Here is a picture of 4 of the 9oz of bud, 4 different strains were used. This oil in the picture below was made more for using in a vaporizer. It is much more golden, but for ingesting, I think the darker oil has a higher medicinal value. I also believe that the more golden oil is higher in THC. The reason why this batch was more golden is because it was ultra high quality manicured, no leaf material what so ever, and the plants were intentionally nitrogen stressed before harvest, for a lower chlorophyll amount. When vaping the golden Simpson oil, the taste is incredible. The Eclipse Vaporizer shown in the pictures below is Made in California, USA. Price with shipping, under $100. I highly recommend this product for vaporizing oil. I do not recommend it for vaping bud. After making many batches of the Simpson oil, I would strongly recommend to use 1/4 lb. or more of indoor grown premium bud. Anything less could be wasteful in my opinion. Waste not want not: (Clean Up) After filling the syringes, there is still some oil left in the pan, metal cup, and on other tools. I clean them up with some fresh 99% isopropyl alcohol, pour it into a bowl, lay out some wax paper and use the back of a small spoon to coat some rolling papers, place the coated papers onto the wax paper. I usually coat each paper two to three times. Let the papers dry and evaporate the alcohol for a few hours. These make for some nice "gold plated" joints. ** (February 2012) update on Hodgkin's patient. He has recently reported to me that he is still using the Simpson Oil and has defied the doctors by not having to be in the hospital over the holidays, and a very prominent tumor is gone. He will be going in for a CAT scan soon. I can't wait to hear the results. Something to add: I am no longer making the oil to where it comes out black. Nothing against it except for the higher anxiety and bad taste. I am making it more golden from now on and I am only using the syringes to suck up the oil then transfer the oil from the syringe into small vials, like the ones that come with the eclipse vape. The vial holds about one teaspoon which is about 5 grams of oil, or 5 cc's. It is a lot more convenient for storage and to carry. Just use a toothpick to scrape out a dose. I would like to take back the original comment from above about the darker oil having more medicinal value and the golden oil being higher in TCH. I am really not sure, and I plan to have some samples of each tested soon. ** (April 2012) update: The cancer patient I spoke of has recently gone through a CAT scan. There are no tumors present!!! There was a tumor on his chest that was about the size of a baseball. It and the other tumors are completely gone! The only thing remaining is some scar tissue. He and I alike praise God for this wonderful medicine. Cannabis, an awesome plant, a gift given to us all from God. We should all thank Rick Simpson and the sacrifices he made to make the people aware of what God's plant can do. The patient has gained back the 40 pounds he lost. He looks healthier and better than I have ever seen. I am 100% confident and a true believer that the Rick Simpson Oil, when made and used correctly, can cure cancer. Now after 12 years of battling this disease, this patient is cancer free. We can only give our glory to God for this. Red Oil: This needs to be researched and studied; water soluble. The oil in the glass is frozen. I extracted with similar methods as the Rick Simpson procedure but using water. Again, this was after the initial extraction with alcohol, let the remaining material completely dry, then washed with water, filtered it, and then evaporated the water down to produce what is shown in the pictures below. Run From the Cure. In this video you can learn how to make your own oil. Here is another video worth watching in regards to the oil. You can find a lot more information at PhoenixTears. http://www.phoenixtears.ca/
  2. Komorn Law PLLC is happy to report that the broken criminal justice system shined a light on us today. The battle in Isabella, the State v Team Fisher concluded today with a 14-page opinion that was a joy to read. The Court held that the accused had not only presented proof of the requisite elements of the section 8 defenses, but that no question of fact existed, and therefore all charges are dismissed. To call my client and his family courageous would be an understatement. My client, a registered patient and a caregiver for his wife, also a registered patient, was raided after an alleged anonymous tip and a trash pull. These minimal facts resulted in a search warrant for both his house and shop. According to the Drug Task Force, the raid of these locations resulted in the confiscation of 29 pounds of marihuana and 1 pound of wax. The complaint charged the following crimes: I. Intent to deliver Marijuana MCL 333.7401(2)(d)(ii). A felony punishable by 7 years and imposition of license sanctions. II. Intent to deliver Marijuana plants. MCL 333.7401(2)(d)(ii). A felony punishable by 7 years and imposition of license sanctions. III. Manufacture Marijuana MCL 333.7401(2)(d)(iii). A felony punishable by 4 years and imposition of license sanctions. IV. Possession of a Firearm in the Commission of A Felony contrary to MCL 750.227b A Felony punishable by 2 years, mandatory prison sentence to run consecutively with and preceding any term of imprisonment imposed for the felony or attempted felony. To Wit Count 3 (as the underlying Felony) V. Maintaining a drug house. MCL 333.7405. 2 year and imposition of license sanctions. VI. Maintaining a drug house. MCL 333.7405. 2 year and imposition of license sanctions. Additionally, the drug task force seized every piece or property in the vicinity they could get their hand on, pursuant to the forfeiture law. (no, the amendments have not done a single thing to slow down the DTF’s appetite for forfeiture and the glory of its proceeds). Also, an important part of this story is that my client owned a few guns, and they were in his house at the time of the raid. As is often not reported, but all too often used, the combination of owning a gun and being outside of section 4 escalates what would normally be allegations of illegal marihuana activity to felony firearm charges. If convicted of the felony firearm charges, the crime requires a mandatory 2-year sentence to prison, to run consecutive to any other sentence. That while felony firearm requires possession of the firearm while committing an underlying felony, akin to a person selling drugs on the street with a pistol on their waistband, all too often prosecutors have extended this allegation to include patients and caregivers who are lawful gun owners. And while the law on its face suggests the possession of the weapon and the illegal marihuana behavior be contemporaneous, the law actually permits persons to be charged with felony firearm even when they are not physically possessing the firearm or even at the location where the firearm and the marihuana is located. My client’s garden was contained within the detached garage which was locked and enclosed and not accessible to anyone, and the firearms were contained within the residence, where less than the amount of marihuana allowed pursuant to section 4 was kept. As many attorneys will say, the conversation with your client is much different when the state is charging felony firearm. So with allegation of 29 pounds of marihuana, a pound of wax and felony firearm charges, me and my client and his family put our gloves on and fought back. The preliminary exam, which originally included my client's wife (represented by David Rudoi) and a codefendant (represented by Jessie Williams) took place over three full days, resulting in each of the accused being bound over on all charges. Shortly after getting to Circuit Court, the codefendent was offered and agreed to plead guilty to an innocuous misdemeanor. My client's wife was offered a misdemeanor, but refused to admit that she did anything wrong. As previously mentioned, David Rudoi successfully argued to the Circuit Court judge that there was not enough evidence presented at the preliminary exam to substantiate the charges, or that the state had failed to present even probable cause of a crime, and all charges against my client’s wife were dismissed. At this point in the proceeding, with my client the only remaining defendant in the case, we began to litigate the case. We filed literally 16 motions and litigated each of them, which included hours and hours of evidentiary hearings, and testimony from all of the witnesses involved. It is important to note that the Judge presiding over the case allowed us to litigate the case (didn't fight obstruct or interfere with taking testimony) and was more than prepared for each of the hearings. It was obvious to us that he was conscientious of the issues and did take great efforts to analyze the facts and law for each of the motions we filed. Even though I disagreed with every one of his rulings except one, it was a pleasure to have a Court show more interest in the issues in the case, and my client's due process rights, than the age of the case. For each of the motions filed he issued a written opinion. The list of motions and the court’s rulings are listed below. 1. Motion for a Walker Hearing - Denied 2. Motion to Dismiss based upon an illegal arrest (Ferretti Motion) - Denied 3. Motion to Quash the Information and Bindover of the Felony Firearm Charges Based Upon Constitutional Grounds - Denied 4. Motion to Quash the Affidavit and Search Warrant on Constitutional Grounds - Denied 5. Motion to Reconsider Search Warrant Motion - Denied 6. Motion to Quash Bindover and Dismiss - Denied 7. Emergency Motion to Adjourn - Denied 8. Motion to Quash Search Warrant - Denied 9. Motion to Dismiss Pursuant to Daubert or in the Alternative Set for and (Evidentiary) Daubert Hearing and Memorandum of Law in Support of Dismissal or Evidentiary Hearing Pursuant to Daubert; (challenge to the advisability of the lab reporting based upon the Michigan State Police Forensic Science Division's Crime Lab Scandal #Crimefactory) -Denied 10. Motion in Limine to Exclude Forensic Evidence or Alternatively for a Daubert Hearing - Denied 11. Supplemental Memo in Support of Daubert - Denied 12. Motion to Preclude Evidence Based Upon Judicial Estoppel - Denied 13. Motion to Preclude Evidence Based Upon Relevancy - Denied 14. Motion to Dismiss Pursuant to MMMA Section 4(g), or Preclude Evidence of Paraphernalia and Request for Evidentiary Hearing - Denied 15. Motion to Dismiss Pursuant to Section 4 of the MMMA and the Amendments (That Were Signed into Law September 22, 2016 are Curative and Retroactive) - Denied 16. Motion to Dismiss Pursuant to Section 8 of the MMMA. Granted and all charges (including the felony firearm) dismissed Another interesting issue in the case, and I mention this mostly for instructive purposes, was that the State alleged that my client made an inculpatory statement or confession. According to the police (despite no audio or video recording, or written statement acknowledge by my client of what he actually said) my client purportedly uttered some sentences, which included the following words: "Dispensary, Overages, Sell". Of course my client never spoke these words as the investigators alleged. But he did talk to the police (as often times persons who don't believe they have committed a crime would do) however as it goes when people talk to the police, whatever you say WILL be used against you. (DON'T TALK TO THE POLICE-EVER). As reflected within the 14 page opinion (what a great read) dismissing all charges based upon the MMMA affirmative defense pursuant to section 8, the court took some time addressing the impact of the so called "statement". While the courts final ruling was based upon our arguments minimizing the value of the statement for purposes of the affirmative defense, it was more than obvious to us that this opinion could have gone either way based upon the Court’s interpretation of the law and the impact of the alleged "statement." Let me say it again, DO NOT TALK TO THE POLICE. It is important to note, and this is not legal advice, but at times throughout the case, the State made the following plea offers: Prior to litigating the motions in Circuit Court the State offered my client a resolution that if he Plead to Counts 1) 7 year felony and 5) 2 year high court misdemeanor, they would dismiss the remaining charges, with no sentence agreement. Then after we conducted the Daubert hearing and prior to getting that unfortunate ruling (the motion to reconsider was not necessary) they offered that if my client plead to counts 5 and 6 (2) 2 year high court misdemeanors they would dismiss all the other counts with no sentence agreement. Then of course after we lost the Daubert motion the State withdrew the previous offer, and offered that if my client plead to a 4-year felony and a 2-year high court misdemeanor they would dismiss the rest of the counts with no sentence agreement. Looking back on this case there was a a lot of the blood sweat and tears shed from the backs and brow of Chad, Josh, Steve, Jeff, Dewey, Pam, Deb, David Rudoi, Jesse Williams, Fred Stig-Neilson, Eric VanDussen. Including the all-nighter I pulled Sunday putting together the motion to reconsider regarding the Court’s rulings on Daubert motions (the lab issues), and the preparation for the trial that was to commence Monday - this was a battle that will never be forgotten. Additionally rewarding is the fact that my client’s case and the abusive forfeiture they and many from our community have had to endure, was highlighted in (what is clearly the greatest show ever created) "Weediquette" episode 6 of season 2. Stay tuned, the next series of motions we intend to file will be to compel the return of all of the property that was seized pursuant to the forfeiture (as well as seek other remedies for my client and his wife). I want to congratulate my client and his family for having the will and strength to stand up for what they believed and take on the State on a lopsided playing field in the broken system often called the American judicial system. #TeamFisher #StopTheRaids #KomornLawMI The story continues after the prosecutor appealed our dismissal. http://www.themorningsun.com/general-news/20180326/shepherd-drug-case-reinstated-to-consider-officer-testimony
  3. http://www.derbytelegraph.co.uk/news/gran-cancer-who-used-cannabis-768651 Karen Roberts said: 'I was sent home to die but am pleased to say I am very much still here' By Cheryl Hague 14:17, 22 DEC 2017 UPDATED14:21, 22 DEC 2017 A grandmother of six diagnosed with terminal cancer and sent home from hospital to die is in remission after using cannabis oil - and is now looking forward to spending time with her family. Karen Roberts from Derby had aggressive lymph cancer and was told she was terminally ill just weeks before she lost her husband Garry to leukaemia in 2015. She said she was sent home by the hospital to die as they said there was nothing else they could do for her - staff even took all her medication away. But she has defied the medics' beliefs and after taking cannabis oil she saw her tumours shrink. That was two years ago and now she is remission and looking forward to spending more time with her six grandchildren. Karen Roberts when she worked at Asda in Sinfin before she was diagnosed with cancer The former charity fund-raiser at Asda in Sinfin said: "I should be dead now but am happy to say I am in remission and am having four monthly checks at the hospital." And she has her three children to thank for her new life as they persuaded her to take the oil after they read how it has been responsible for helping other cancer sufferers. The 58-year-old said: "I wasn't bothered at the time, Garry was dying and I was ready to go myself but my kids had read about the oil online and persuaded me to try it. That was two years ago I haven't looked back since. "I was sent home to die but am pleased to say I am very much still here and have gone on to see three grandchildren who I never thought I would see." The cannabis-based oil which has helped Karen in her cancer battle She said she has been inundated with people asking about how the oil helped her but warns it will not help everyone. She said: "I took it because I had no choice as all other options were closed to me - had I been offered medical help at the time such as a transplant or chemotherapy, I would have taken it and not used the oil. "I always tell people that their medicine is more important and you can't mix it with cannabis oil - you need to trust your doctor or consultant as they are the experts. "I asked my consultant last time: 'Why do you think I am here is it because of the oil?' He said he didn't know but that I could have been in remission at the time I was told I was terminal and there was a mix-up. We just don't know. "I am just glad I have been given another chance and can't wait to spend time with the family. They have offered me so much support it has been brilliant. "My main aim was to get back to work but now it looks like I may have to take early retirement as I am having problems with asthma." A cancer expert said cannabis-based drugs had showed “some promise” in tests. Karen said she ordered the substance online and it arrives in brown bottles at £40 a time. She uses just a few drops of the substance at any one time. A senior science communications officer at Cancer Research UK, said: “The only way to get scientific evidence that a treatment is effective is through clinical trials. “The limited results we have so far on using cannabinoid-based drugs as a cancer-fighting therapy show some promise – but we’re far from knowing for certain if these drugs benefit cancer patients, what types of cancer they may be effective against, or at what dose. “More research is needed, which is why we’re helping to support the only two trials of cannabinoid-based drugs taking place in the UK.” The oil has not yet been approved for use on the NHS - but is readily available to buy online as a food supplement - although it has been widely reported to help other conditions such as arthritis, depression, MS and other illnesses. Research into the health benefits of taking cannaboids - particularly for cancer - is currently being undertaken at St George's, University of London. Dr Wai Liu, senior research fellow at St George's, University of London, said: “Cannabidiol, which is just one element of the cannabis plant and one that does not have any psychoactive effect on people, has been shown to target communication signals that are malfunctioning in cancer cells. “It is thought that by correcting these signals we can enable cancer cells to essentially die rather than duplicate. So it may hold the key to understanding how to defeat cancer in some areas. “We at St George's, University of London, have shown how this can be done. Although our data has mainly been laboratory- based, we have a growing and large collection of testimony from patients using cannabidiol, usually in a cannabis oil type product, who report positive effects on their battle with this dreadful disease."
  4. http://www.derbytelegraph.co.uk/news/derby-news/grandmother-says-cancer-almost-gone-967552 Grandmother says cancer has almost gone after taking cannabis oil - now she wants the Government to act She is now calling on the Government to fund trials of cannabis oil on patients waiting for cancer treatment By Cheryl Hague 07:00, 25 DEC 2017 A grandmother who had a malignant tumour in her breast which measured 33mm says it has now almost gone after taking cannabis oil. Now Lin Coxon, of Willington, is sharing her story with the Government to see if they will fund a medical trial testing cannabis oil on patients while they are waiting for cancer treatment. Lin was diagnosed with the disease on June 28 at the Royal Derby Hospital. A scan revealed the size of the lump and found it had also invaded her nearby lymph nodes. She was told her treatment would involve eight rounds of chemotherapy followed by a lumpectomy and the removal of all the lymph nodes. This would then have to be followed by radiotherapy. But while waiting for her treatment to start in August the 69-year-old read how, in some cases, cannabis oil had been found to help treat cancer so she bought some and began taking it. Incredibly her last scan revealed the cancer has completely gone from her lymph nodes and the tumour is hardly visible. Grandmother Lin Coxon told how a cancerous tumour discovered in her breast has shrunk from 33mm to 7mm in just a few weeks purely by taking CANNABIS oil She said doctors at the hospital are fascinated by her case and are continuing to monitor her progress even though she isn’t going ahead with the chemotherapy as they originally suggested. Lin said: "I feel fantastic and can tell it has almost gone. Before it felt like a hard lump but after a few weeks of taking the oil it had shrunk so much I couldn't feel it. Now it's almost gone and, on the scan, you could see how the density has changed from something that looked solid where now the only bit that is left looks like a tiny bit of smoke. "I bought cannabis oil from a health shop in Ashbourne and decided to take a few drops - I didn't have anything to lose as I was waiting for my chemotherapy to start so thought I may as well give it a try. I am so glad I did. "The doctors are still monitoring me and said if it did come back I would have to have chemotherapy and of course I would but I just want to see how it goes now. "In fact at my last appointment the doctors said the tumour was so small they could to a lumpectomy to get it out - but I said let's just see how the oil works for a bit longer. "Since I spoke of my initial success with the oil in The Derby Telegraph in October I have been contacted by other people who have had similar positive experiences so I really think there is something in it. "I cannot say cannabis oil will work for anyone else but my experience would seem to show it is worth trying. I feel people have nothing to lose especially if they are waiting for chemotherapy. It may only help for some cancers - we won't know though until research takes place." Lin Coxon bought the cannabis oil in Ashbourne Now Lin, who is Southern Derbyshire MP Heather Wheeler's personal assistant, wants the Government to take notice of her case and she has written to Steve Brine MP who is the Parliamentary Under-Secretary of State for Public Health and primary care asking about funding a trial in Derby which would allow patients diagnosed with cancer and waiting for treatment to take the oil in the meantime if they wanted to. Then the hospital could scan them before they had treatment to see if taking the oil has had any effect. She said: "I just think it has to be looked into further as more people could be helped without the need for medical intervention - and, if that is the case, it would also save the NHS a lot of money." The grandmother-of-ten, said she was inspired to try the cannabis oil after reading in The Derby Telegraph how it had helped Sinfin Asda worker Karen Roberts. She was sent home to die with terminal cancer but took the oil - and now two years later is in remission. Read her story here. Lin bought the oil, which is legal and sold minus the psychoactive component that causes a high, at a health shop in Ashbourne. It cost a £39 a bottle. She has a few drops each day and a bottle lasts her ten days. The oil has not yet been approved for use on the NHS - but is readily available to buy online as a food supplement - although it has been widely reported to help other conditions such as arthritis, depression and MS. Research into the health benefits of taking cannaboids - particularly for cancer - is currently being undertaken at St George's, University of London, and the medical experts there have been in contact with Lin. Dr Wai Liu, senior research fellow at St George's, University of London, said: “I was very interested to hear of Lin’s case. Cannabidiol, which is just one element of the cannabis plant and one that does not have any psychoactive effect on people, has been shown to target communication signals that are malfunctioning in cancer cells. “It is thought that, by correcting these signals, we can enable cancer cells to essentially die rather than duplicate. So it may hold the key to understanding how to defeat cancer in some areas. “We at St George's, University of London, have shown how this can be done. Although our data has mainly been laboratory- based, we have a growing and large collection of testimony from patients using cannabidiol, usually in a cannabis oil type product, who report positive effects on their battle with this dreadful disease. "Lin's story is one that adds to this growing list and we wish her all the best in her treatment which should always be under the supervision of her doctors.”
  5. What Happened? On Tuesday September 22, 2016 Governor Rick Snyder signed into law several new bills allowing a state wide regulated licensing scheme for the Medical Marihuana Industry (House Bill 4209 – The Medical Marihuana Facilities Licensing Act). Unlike The Michigan Medical Marihuana Licensing Act, which created a new law, House Bill 4210 amended the Michigan Medical Marihuana Act. The MMMA was specifically amended by changing the title and sections 3, 4, 6, and 7 (MCL 333.26423, 333.26424, 333.26426, and 333.26427), sections 3 and 4 as amended by 2012 PA 512 and section 6 as amended by 2012 PA 514, and by adding sections 4a and 4b. When House Bill 4210 was signed into law, the most significant and important aspect of the new legislation was the amendatory language included within the amendments. Specifically, the amendments included the following language: "This amendatory act clarifies ambiguities in the law in accordance with the original intent of the people, as expressed in section 2(b) of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26422: This amendatory act is curative and applies retroactively as to the following: clarifying the quantities and forms of marihuana for which a person is protected from arrest, precluding an interpretation of “weight” as aggregate weight, and excluding an added inactive substrate component of a preparation in determining the amount of marihuana, medical marihuana, or usable marihuana that constitutes an offense. Retroactive application of this amendatory act does not create a cause of action against a law enforcement officer or any other state or local governmental officer, employee, department, or agency that enforced this act under a good-faith interpretation of its provisions at the time of enforcement." Do the New Amendments to the MMMA Help or Hurt Patients and Caregivers? Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. Enacting section 2. This amendatory act clarifies ambiguities in the law in accordance with the original intent of the people, as expressed in section 2(b) of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26422: “(b) Data from the Federal Bureau of Investigation Uniform Crime Reports and the Compendium of Federal Justice Statistics show that approximately 99 out of every 100 marihuana arrests in the United States are made under state law, rather than under federal law. Consequently, changing state law will have the practical effect of protecting from arrest the vast majority of seriously ill people who have a medical need to use marihuana.”. [Emphasis added.] In November of 2008, 63% of Michigan voters overwhelmingly passed the Voter Initiative Proposition 1, acknowledging that cannabis is medicine, and that physicians, patients, and their caregivers would be protected from arrest prosecution and penalty of any kind. In the history of Michigan elections, the 3.3 million votes cast approving Michigan’s Medical Marihuana Voter Initiative was the most votes in the history of Michigan elections. An often overlooked and never quoted or cited, in any Michigan Court of Appeal or Michigan Supreme Court cases, are the following passage from the MMMA The people of the State of Michigan find and declare that: 1. Cannabis is, in fact, Medicine. (a) Modern medical research, including as found by the National Academy of Sciences' Institute of Medicine in a March 1999 report, has discovered beneficial uses for marihuana in treating or alleviating the pain, nausea, and other symptoms associated with a variety of debilitating medical conditions. 333.26422(a) Similar to Michigan, at least 24 other states1 and Washington, DC have passed medical marihuana laws, however pursuant to federal law it remains illegal, a schedule 1 drug, making it challenging for research within the United States. Despite its federal classification there has been an enormous amount of medical research regarding medical cannabis. 2. Persons engaging in the Medical Use of Marihuana, specifically those defined as Patients and Caregivers, should be protected from criminal prosecutions. (b) Data from the Federal Bureau of Investigation Uniform Crime Reports and the Compendium of Federal Justice Statistics show that approximately 99 out of every 100 marihuana arrests in the United States are made under state law, rather than under federal law. Consequently, changing state law will have the practical effect of protecting from arrest the vast majority of seriously ill people who have a medical need to use marihuana. 333.26422(b) 3. The intent of the MMMA was explicitly for the health and welfare of Michigan Citizens and not for police and government profit. © Although federal law currently prohibits any use of marihuana except under very limited circumstances, states are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law. The laws of Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Vermont, Rhode Island, and Washington do not penalize the medical use and cultivation of marihuana. Michigan joins in this effort for the health and welfare of its citizens. 333.26422© The above reference language in the MMMA is found in the Findings and Declarations section MCL 333.26242 (a-c). This declared that the intent of the MMMA was explicitly for the health, benefit, and welfare of Michigan citizens and not for police and government profit! ​In addition to the 2008 Michigan Medical Marihuana Act, Michigan voters have approved proposals for the legalization or decriminalization of marijuana in 21 Michigan cities since 2011. (Initiatives to decriminalize marijuana have been approved in 15 communities: Detroit, Grand Rapids, Lansing, Flint, Kalamazoo, Saginaw, Port Huron, East Lansing, Mount Pleasant, Ypsilanti, Berkeley, Hazel Park, Huntington Woods, Oak Park, and Pleasant Ridge. Since 2009, only a handful of ballot proposals were voted down in six communities: Frankfort, Clare, Harrison, Lapeer, Onaway, and Montrose.) Since the MMMA was enacted continued overwhelming support for the legalizing or decriminalizing of marihuana has continued throughout the state, particularly at the local level. Why Did the Legislature Amend the MMMA? Why am I talking about the Findings and Declarations Section of the MMMA MCL 333.26242 (a-c)? These facts are important when trying to understand the most recent Michigan State Police Data that indicates arrests for marijuana possession or use are increasing — even as arrests for other crimes are going down, according to data collected by the Michigan State Police. Between 2008 and 2014, arrests for marijuana possession or use went up 17 percent statewide, that data shows, while arrests for all crimes dropped by 15 percent. Despite these facts arrests for marijuana possession or use went up 17% between 2008 and 2014, according to data from the Michigan State Police. Since 2008, marihuana arrest in Michigan have risen 17%. The Michigan State Police have reported consistently since 2012 forfeiture proceeds in the amount of 24-26 million dollars per year. (See 2015 Michigan State Police Asset Forfeiture Report) The former director of the Michigan State Police Forensic Science Division – Gregoire Michaud has stated publicly that the forensic lab spends 40 percent of its resources testing marihuana, and that is the reason that they have been unable to catch up on the backlog of evidence rape kits. Additional disturbing trends from the Michigan State Police’s Data as reflected in a recent article from station 9 & 10's where Blayke Roznowski and photojournalist Noah Jurik talked to prosecutors and the states representative who authored the Bills and asked specifically how local law enforcement are reacting to the changes and how they'll handle medical marijuana now. How Will Police And Prosecutors Handle It Going Forward? This is what they said: "Hopefully, there are some clarifications there," Cheboygan County prosecutor Daryl Vizina said. Police and courts are determining how they go forward after years of confusion over the Michigan Medical Marijuana Act. "We had a lot of people assuming they knew what the law was," Vizina said. "They didn't, the prosecutors didn't, law enforcement didn't. It's been a mess in a way." Michigan State Police say they are working with the Department of Licensing and Regulatory Affairs and prosecutors to make sure they understand the law and enforce them properly. It's something the sponsor of one of the bills, state representative Mike Callton, says will make enforcement easier. "Let's say policeman pulls a person over and they have a medicine container in their car. Well, it's got a bar code or scantron on it and police can determine from that scantron, where it's been grown, who transported it, where it was tested, where it was refined, if it was refined and where they bought it and that this is, indeed, the medicine for this patient," Callton said. Prosecutors like Daryl Vizina in Cheboygan County hope the laws will be more clear to people in the medical marijuana community. "It's just kind of been a learning process where charges get charged, maybe somebody gets prosecuted, maybe later down the line a higher court overturns the conviction," Vizina said. Really??? Also but directly relevant to this rant, the journalist also captured the following quotes. In the long run, lawmakers think the new laws will eliminate doubt, and increase safety when it comes to medical marijuana. "We needed a way for patients to get this kind of medicine without having to buy it from somebody named Rick in the back alley," Callton said. "There had to be a legitimate way for people to buy this." Law Enforcement React to New Medical Marijuana Laws It is unequivocal that in 2008, Michigan voters declared that marihuana is medicine, persons engaging in the medical use of marihuana should be protected from criminal prosecutions, and the intent of the MMMA was explicitly for the benefit of the health and welfare of Michigan citizens and not for police and government profit. It is often hard to understand how a law that received more than 50% vote in all 83 counties in Michigan could have been so poorly misinterpreted and implemented. To the extent that one believes that the intention of the MMMA was to provide a shield for patients and caregivers, it is hard to reconcile the overwhelming evidence (from the Michigan State Police data). Very little of the voters’ intention was honored. Instead, the Law Enforcement Community has utilized the MMMA as a sword, resulting in a string of 8 years of success defined by the increase of marihuana arrests and consistent profits from forfeiture proceeds. The bills signed into law by the Governor create a state-wide regulated licensing scheme for the Medical Marihuana Industry, and also include amendments to the MMMA. However, listening to how the Law Enforcement Community reacted to this news gives some insight into how the Law Enforcement Community has been able to get away with its treatment of patients and caregivers for the last 8 years. As so articulated by Michigan State Police and the Cheboygan County prosecutor Daryl Vizina, (who claims to be speaking on behalf of all prosecutors and all law enforcement), ignorance of the law shall be their excuse. Michigan State Police say they are working with the Department of Licensing and Regulatory Affairs and prosecutors to make sure they understand the law and enforce them properly. "Hopefully, there are some clarifications there." “Police and courts are determining how they go forward after years of confusion over the Michigan Medical Marijuana Act.” "We had a lot of people assuming they knew what the law was," Vizina said. "They didn't, the prosecutors didn't, law enforcement didn't. It's been a mess in a way." Prosecutors like Daryl Vizina in Cheboygan County hope the laws will be more clear to people in the medical marijuana community. "It's just kind of been a learning process where charges get charged, maybe somebody gets prosecuted, maybe later down the line a higher court overturns the conviction," Vizina said. The above quotes from those within the law enforcement community should bring shame to them personally, but most importantly their profession. For starters, never has the Michigan State Police previously made a public statement that they are trying to learn about the MMMA, the medical use of marihuana or even how they as law enforcement officer shall enforce issues surrounding “usable marihuana.” To see them quoted 8 years after the enactment of the MMMA, that they are NOW going to make sure they understand the law and enforce them properly, sounds more like an apology for not previously understanding the law and previously properly enforcing it. But the quotes by the Cheboygan County prosecutor Daryl Vizina, (who claims to be speaking on behalf of all prosecutors and all law enforcement), is truly amazing. As a lawyer, I interpret his quotes as a confession to crimes he and others in the law enforcement community committed against the Medical Marihuana Community. In my opinion you cannot do these things without saying that you have violated your duty as a prosecutor. As a lawyer, I would have advised him to take the fifth. But let’s look at and think about what he is actually saying. His statement that "We had a lot of people assuming they knew what the law was." "They didn't, the prosecutors didn't, law enforcement didn't. It's been a mess in a way." To state he personally didn’t know the law but prosecuted others for violating the same law is the definition of a “due process violation.” His statement, objectively interpreted, means that he expected those he was prosecuting to have a greater grasp and knowledge of the MMMA than himself, the elected County Prosecutor. To publicly state that not knowing or understanding the law has been allowed to be the guiding force for prosecutions is an expression of failure and an admission of ignorance. It reflects a lack of integrity, honesty and the requisite duty of fairness in any prosecution. The duty of a prosecutor is not to win at any cost, or even try to win, if the law is unclear to them and the police. Prosecutors as judicial officers have a duty to the accused as well, and that is to ensure the protection of the accused’s constitutional rights. This is fundamental. This is the obligation of the prosecutor in any case that it chooses to prosecute. Often overlooked and seemingly forgotten in the modern justice system is the State’s moral and ethical obligation to ensure a fair trial for the accused. Failing to do this is the definition of an unequal and uneven playing field. But this is how it has been. If you don't believe me, examine the recent amendments to the MMMA. What do the Amendments Say? I have to say that most persons who read the amendments will see only the words, and not really understand in depth, in the minutia, what they really say. You have to look closely, and I would not rely upon the traditional statutory rules of interpretation, and the plain meaning of the words “rules” of interpretation. You have to abandon that principle of interpretation to see what I see. These amendments by the Legislature have confirmed that the State has erred for the last 8 years. Expungements will be granted due to House Bill 4210. The Legislature’s recent amendments to the MMMA acknowledge for the first time the declarations section of the MMMA. The Legislature acknowledges the intention of the MMMA has always been to change state law to practically effect and protect from arrest the vast majority of seriously ill people who have a medical need to use marihuana. In doing so, the Legislature has provided relief for those persons who have been wrongly prosecuted and persecuted by the State for its failure to acknowledge the protections intended for patients and their caregivers. The amendments to the MMMA unequivocally clarify and make legal the possession of non-plant material marihuana. The Carruthers holding is ultimately overruled and no longer applies to Michigan patients and caregivers. The amendments specifically authorize the possession of non-plant material marihuana. The uncertainty associated with the possession of non-plant material marihuana is no longer, and patients, caregivers, and the parents of juvenile patients can rest with the peace of mind that they are no longer at risk. The specific Amendments say: Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall IS not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed A COMBINED TOTAL OF 2.5 ounces of usable marihuana AND USABLE MARIHUANA EQUIVALENTS, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount. The privilege from arrest under this subsection applies only if the qualifying patient presents both his or her registry identification card and a valid driver license or government-issued identification card that bears a photographic image of the qualifying patient.[/i] (b) A primary caregiver who has been issued and possesses a registry identification card shall IS not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for assisting a qualifying patient to whom he or she is connected through the department's registration process with the medical use of marihuana in accordance with this act. The privilege from arrest under this subsection applies only if the primary caregiver presents both his or her registry identification card and a valid driver license or government-issued identification card that bears a photographic image of the primary caregiver. This subsection applies only if the primary caregiver possesses an amount of marihuana IN FORMS AND AMOUNTS that does DO not exceed ANY OF THE FOLLOWING: (1) 2.5 ounces of usable marihuana for each qualifying patient to whom he or she is connected through the department's registration process, ; and A COMBINED TOTAL OF 2.5 OUNCES OF USABLE MARIHUANA AND USABLE MARIHUANA EQUIVALENTS. (2) for each registered qualifying patient who has specified that the primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility, ; and (3) any ANY incidental amount of seeds, stalks, and unusable roots. © FOR PURPOSES OF DETERMINING USABLE MARIHUANA EQUIVALENCY, THE FOLLOWING SHALL BE CONSIDERED EQUIVALENT TO 1 OUNCE OF USABLE MARIHUANA. (1) 16 OUNCES OF MARIHUANA-INFUSED PRODUCT IF IN A SOLID FORM. (2) 7 GRAMS OF MARIHUANA-INFUSED PRODUCT IF IN A GASEOUS FORM. (3) 36 FLUID OUNCES OF MARIHUANA-INFUSED PRODUCT IF IN A LIQUID FORM. … (M) A PERSON SHALL NOT BE SUBJECT TO ARREST, PROSECUTION, OR PENALTY IN ANY MANNER OR DENIED ANY RIGHT OR PRIVILEGE, INCLUDING, BUT NOT LIMITED TO, CIVIL PENALTY OR DISCIPLINARY ACTION BY A BUSINESS OR OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD OR BUREAU, FOR MANUFACTURING A MARIHUANA-INFUSED PRODUCT IF THE PERSON IS ANY OF THE FOLLOWING: (1) A REGISTERED QUALIFYING PATIENT, MANUFACTURING FOR HIS OR HER OWN PERSONAL USE. (2) A REGISTERED PRIMARY CAREGIVER, MANUFACTURING FOR THE USE OF A PATIENT TO WHOM HE OR SHE IS CONNECTED THROUGH THE DEPARTMENT'S REGISTRATION PROCESS. (N) A QUALIFYING PATIENT SHALL NOT TRANSFER A MARIHUANA-INFUSED PRODUCT OR MARIHUANA TO ANY INDIVIDUAL. (O) A PRIMARY CAREGIVER SHALL NOT TRANSFER A MARIHUANA-INFUSED PRODUCT TO ANY INDIVIDUAL WHO IS NOT A QUALIFYING PATIENT TO WHOM HE OR SHE IS CONNECTED THROUGH THE DEPARTMENT'S REGISTRATION PROCESS. SEC. 4A. (1) THIS SECTION DOES NOT APPLY UNLESS THE MEDICAL MARIHUANA FACILITIES LICENSING ACT IS ENACTED. (2) A REGISTERED QUALIFYING PATIENT OR REGISTERED PRIMARY CAREGIVER SHALL NOT BE SUBJECT TO ARREST, PROSECUTION, OR PENALTY IN ANY MANNER, OR DENIED ANY RIGHT OR PRIVILEGE, INCLUDING, BUT NOT LIMITED TO, CIVIL PENALTY OR DISCIPLINARY ACTION BY A BUSINESS OR OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD OR BUREAU, FOR ANY OF THE FOLLOWING: (A) TRANSFERRING OR PURCHASING MARIHUANA IN AN AMOUNT AUTHORIZED BY THIS ACT FROM A PROVISIONING CENTER LICENSED UNDER THE MEDICAL MARIHUANA FACILITIES LICENSING ACT. (B) TRANSFERRING OR SELLING MARIHUANA SEEDS OR SEEDLINGS TO A GROWER LICENSED UNDER THE MEDICAL MARIHUANA FACILITIES LICENSING ACT. © TRANSFERRING MARIHUANA FOR TESTING TO AND FROM A SAFETY COMPLIANCE FACILITY LICENSED UNDER THE MEDICAL MARIHUANA FACILITIES LICENSING ACT. SEC. 4B. (1) EXCEPT AS PROVIDED IN SUBSECTIONS (2) TO (4), A QUALIFYING PATIENT OR PRIMARY CAREGIVER SHALL NOT TRANSPORT OR POSSESS A MARIHUANA-INFUSED PRODUCT IN OR UPON A MOTOR VEHICLE. (2) THIS SECTION DOES NOT PROHIBIT A QUALIFYING PATIENT FROM TRANSPORTING OR POSSESSING A MARIHUANA-INFUSED PRODUCT IN OR UPON A MOTOR VEHICLE IF THE MARIHUANA-INFUSED PRODUCT IS IN A SEALED AND LABELED PACKAGE THAT IS CARRIED IN THE TRUNK OF THE VEHICLE OR, IF THE VEHICLE DOES NOT HAVE A TRUNK, IS CARRIED SO AS NOT TO BE READILY ACCESSIBLE FROM THE INTERIOR OF THE VEHICLE. THE LABEL MUST STATE THE WEIGHT OF THE MARIHUANA-INFUSED PRODUCT IN OUNCES, NAME OF THE MANUFACTURER, DATE OF MANUFACTURE, NAME OF THE PERSON FROM WHOM THE MARIHUANA-INFUSED PRODUCT WAS RECEIVED, AND DATE OF RECEIPT. (3) THIS SECTION DOES NOT PROHIBIT A PRIMARY CAREGIVER FROM TRANSPORTING OR POSSESSING A MARIHUANA-INFUSED PRODUCT IN OR UPON A MOTOR VEHICLE IF THE MARIHUANA-INFUSED PRODUCT IS ACCOMPANIED BY AN ACCURATE MARIHUANA TRANSPORTATION MANIFEST AND ENCLOSED IN A CASE CARRIED IN THE TRUNK OF THE VEHICLE OR, IF THE VEHICLE DOES NOT HAVE A TRUNK, IS ENCLOSED IN A CASE AND CARRIED SO AS NOT TO BE READILY ACCESSIBLE FROM THE INTERIOR OF THE VEHICLE. THE MANIFEST FORM MUST STATE THE WEIGHT OF EACH MARIHUANA-INFUSED PRODUCT IN OUNCES, NAME AND ADDRESS OF THE MANUFACTURER, DATE OF MANUFACTURE, DESTINATION NAME AND ADDRESS, DATE AND TIME OF DEPARTURE, ESTIMATED DATE AND TIME OF ARRIVAL, AND, IF APPLICABLE, NAME AND ADDRESS OF THE PERSON FROM WHOM THE PRODUCT WAS RECEIVED AND DATE OF RECEIPT. (4) THIS SECTION DOES NOT PROHIBIT A PRIMARY CAREGIVER FROM TRANSPORTING OR POSSESSING A MARIHUANA-INFUSED PRODUCT IN OR UPON A MOTOR VEHICLE FOR THE USE OF HIS OR HER CHILD, SPOUSE, OR PARENT WHO IS A QUALIFYING PATIENT IF THE MARIHUANA-INFUSED PRODUCT IS IN A SEALED AND LABELED PACKAGE THAT IS CARRIED IN THE TRUNK OF THE VEHICLE OR, IF THE VEHICLE DOES NOT HAVE A TRUNK, IS CARRIED SO AS NOT TO BE READILY ACCESSIBLE FROM THE INTERIOR OF THE VEHICLE. THE LABEL MUST STATE THE WEIGHT OF THE MARIHUANA-INFUSED PRODUCT IN OUNCES, NAME OF THE MANUFACTURER, DATE OF MANUFACTURE, NAME OF THE QUALIFYING PATIENT, AND, IF APPLICABLE, NAME OF THE PERSON FROM WHOM THE MARIHUANA-INFUSED PRODUCT WAS RECEIVED AND DATE OF RECEIPT. (5) FOR PURPOSES OF DETERMINING COMPLIANCE WITH QUANTITY LIMITATIONS UNDER SECTION 4, THERE IS A REBUTTABLE PRESUMPTION THAT THE WEIGHT OF A MARIHUANA-INFUSED PRODUCT LISTED ON ITS PACKAGE LABEL OR ON A MARIHUANA TRANSPORTATION MANIFEST IS ACCURATE. (6) A QUALIFYING PATIENT OR PRIMARY CAREGIVER WHO VIOLATES THIS SECTION IS RESPONSIBLE FOR A CIVIL FINE OF NOT MORE THAN $250.00. WHO DOES IT APPLY TO? The new amendments to the MMMA pursuant to House Bill 4210 apply retroactively and are intended to be curative. The new amendments create an opportunity to bring relief to those persons who have been wrongly accused of possessing non-plant material marihuana. The new amendments create an opportunity to revisit and correct the situation where the probable cause of a crime in any investigation of patients and caregivers was illegally continued or escalated because the subject matter of the investigation was the non-plant material marihuana. It is important to understand the large number of scenarios where an investigation was continued or escalated because the material or substance associated with the investigation was "contraband" or non-plant material marihuana. If this happened to you, you were right to believe that it was wrong. If this happened to you, the police, the prosecutor and the state were wrong. If this happened to you, you very likely have a remedy to right this wrong. These situations may entitle you to relief: · As a patient or caregiver, charges were brought against you for possession of any form of marijuana edible or marijuana concentrate. · As a patient or caregiver, charges were escalated when the investigating agents discovered “contraband” or non-plant material marihuana. · As a patient or caregiver, you have been the victim of a civil forfeiture that was based on the investigating agents discovering “contraband” or non-plant material marihuana. The new amendments are more than clear in what mistakes it intends to fix and to which individuals may benefit from this correction. The state admits and acknowledges that the MMMA contained ambiguities that needed clarifying, because the current state of the interpretation of the law had failed to express the original intent of the MMMA. "Changing state law will have the practical effect of protecting from arrest the vast majority of seriously ill people who have a medical need to use marihuana.” The amendatory language of the MMMA provides an opportunity to set aside a prior conviction or revisit a prior case that is over, and reopen the case to litigate the states admitted errors. Legislatively enacted laws or amendments usually never apply retroactively unless the amended language contains an explicit reference to a retroactive application, as the amendments contained in House Bill 4210 do. This is a very unique opportunity that does not happen often, and persons who have been affected by the State’s admitted errors now have a potential path to right the wrong. HOW DO I SEEK RELIEF? As a general rule, the ability to set aside a conviction has limitations, and Courts are in the business of closing cases, not opening them. Expungement, albeit expanded by law in 2015, and Motions to Set Aside Convictions MCR 6.500, based upon constitutional or statutory ground are generally denied, however the amendments to the MMMA via House Bill 4210 create an entirely new statutory method to seek relief from conviction, and penalty. If you or a loved one meets the criteria described above, and if you believe you have been a victim of the States admitted errors, or your case or conviction resulted from the irrational interpretation that non-plant material marihuana is not usable marihuana, Call Komorn Law, 1-800-656-3557. We are currently offering Legal Services evaluating your case, and advising clients of potential remedies and or legal strategies to clearing your record from marihuana related conviction. Even if you have not had this happen to you, listen and enjoy while I present evidence that what I am saying is true. Today I got a call from fellow brother counsel, Bernie Jocuns, who had a medible candy case, which he had litigated to the point of being granted a Daubert hearing to challenge the scientific method of reporting the non-plant material candies. After the amendments, we discussed the impact of the amendments to his case, and a letter was drafted sent to the Prosecutor highlighting the significance of the curative and retroactive language, and sure enough Bernie Jocuns and his client immediately received a nolle pros. And for those of you that don’t speak Latin, that means a dismissal. And for anyone who wants to fight back, I have a file drawer of paper to start undoing the State’s error and making things right for the medical marihuana community. 1. Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Vermont, Washington
  6. Utah Doctors Endorse Medical Marijuana Tinctures This week, three Utah physicians wrote a letter to the state Controlled Substances Advisory Committee to endorse the use of medical marijuana for patients, including the use of marijuana tinctures for children suffering from debilitating illnesses, such as epilepsy. The letter was written by pediatric neurologist Dr. Francis Filloux. Filloux and his colleagues join a recent push by a Utah mother to change the state law to allow the use of cannabis oil extract. “The substance is not psychoactive or hallucinogenic,” Filloux said in his letter, which was co-signed by two other university doctors. “It has absolutely no abuse potential.” By not allowing the cannabis oil in Utah, “we would be making the decision to limit access of our children to a potentially life-improving therapy,” Filloux wrote. The Controlled Substances Advisory Committee, which is comprised of physicians, pharmacists, and law enforcement, does not have the power to simply allow any form of medical marijuana. However, they can provide recommendations about legislation to the state legislature. Utah Representative Gage Froerer has already announced that he plans to introduce a bill in January that would allow hemp products, including marijuana tinctures. Tinctures can be considered a hemp product due to their extremely low THC content. [Source]
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