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Found 26 results

  1. The public hearing for public comments will be heard on April 27, 2018. Read more about it at http://komornlaw.com/petitions After the MMMA was enacted by a vote of 63% of Michigan voters in 2008, the legislature has declined to add any new qualifying conditions to protect patients from arrest. Senator Rick Jones even attempted to remove Glaucoma from the MMMP's list of qualifying conditions. Patients , caregivers and other interested parties wrote in opposition to the bill. A handful of petitions have been submitted over the years. LARA (and the previous MDCH department) have used various reasons and tricks to deny these petitions. Only Post Traumatic Stress Disorder has been added as a qualifying condition to the Michigan Medical Marihuana Act. Autism and Parkinson's disorder petitions were approved by the Michigan medical marihuana review board (the board consists mostly of physicians). These petitions were denied by the LARA director. The petitions were not deficient in any way and should have been accepted by LARA. We resubmitted the Autism petition again, with 20 additional research studies. Now, with the help of numerous patients, researchers, Dwight Z. and Dr. Christian Bogner along with the Michigan Medical Marijuana Association and Michael Komorn, we have assembled a massive amount of peer-reviewed medical research and government data to show that these conditions should be approved to protect patients, caregivers and physicians from arrest for the medical use of marijuana to treat their conditions. This project took months of work. Reading, organizing, searching and collecting thousands of pages of research from all over the world. Including the most up to date medical studies, peer-reviewed patient surveys and the national reviews of all medical marijuana studies by the National Academies of Science. The oldest peer-reviewed medical research paper cited within these petitions was from the first volume of The Lancet in 1889. Birch EA. The use of Indian hemp in the treatment of chronic chloral and chronic opium poisoning. The Lancet. 1889;133:625. Cannabis, Indian Hemp, Marijuana, whatever you call it, physicians were using this non-toxic plant in 1889 to treat chronic opium poisoning and opium addiction. As opioid based prescriptions are addicting and killing approximately 142 Americans each day in 2017, medical marijuana is a non-lethal non-toxic way to avoid "America enduring a death toll equal to September 11th every three weeks." The qualifying condition petitions were based primarily on the following: Already approved qualifying conditions in other medical marijuana states. Historical and ancient medical books. Patient self-reports and surveys. US Government Department of Health and Human Services Patent on using marijuana to treat many diseases and injuries, including brain injury on humans. Institute of Medicine 1999 report on medical marijuana. This report was the basis for the MMMA, specifically cited within the Michigan law, MCL 333.26422 (b). National Academies of Science (formerly the Institute of Medicine) 2017 updated report on medical marijuana. Included research not only supports each qualifying condition petition, but also answers questions that the LARA directors, physicians and medical marijuana review panel board members had asked of past petitioners. Reports on dosages, safety profiles of marijuana, statistics from the CDC and Poison Control, and information from NIH, FDA and the DEA are presented in the petitions. This information was included in order to compare the safety, effects and side-effects of medical marijuana with FDA approved prescription medications. All of the patients, caregivers, researchers, the Michigan Medical Marijuana Association and it's president Michael Komorn fully agree that marijuana should be removed from the Controlled Substances Act. Marijuana should continue to be studied as a treatment for every human and animal disease. Marijuana also should be submitted to the FDA for approval as a medicine. We fully support all clinical trials related to using marijuana as a treatment for any condition, disease or injury. As all of the scientific peer-reviewed published clinical trials show, marijuana is an effective medicine. The http://www.nih.gov website was heavily utilized throughout this project for locating scientific peer-reviewed published research, reports and information. The petitions are grouped by similar conditions, symptoms or mechanisms of treatment. Included in this post are some choice quotes from a few studies in each group of petitions. 001.-Anxiety.pdf 004.-depression.pdf 007.-Obsessive-compulsive-disorder.pdf 008.-panic-attacks.pdf 011.-Schizophrenia.pdf 012.-Social-Anxiety-Disorder.pdf Marijuana and Medicine Assessing the Science Base 1999 report from the Institute of Medicine https://directorsblog.nih.gov/2014/04/10/anxiety-reduction-exploring-the-role-of-cannabinoid-receptors/ Medical Cannabis in Arizona: Patient Characteristics, Perceptions, and Impressions of Medical Cannabis Legalization. 014.-arthritis.pdf 023.-Rheumatoid-Arthritis.pdf Preliminary assessment of the efficacy, tolerability and safety of a cannabis-based medicine (Sativex) inthe treatment of pain caused by rheumatoid arthritis Transdermal cannabidiol reduces inflammation and pain-related behaviours in a rat model of arthritis 025.-brain-injury.pdf 030.-Treatment-of-spinal-cord-injury.pdf 031.-asthma.pdf Effects of smoked marijuana in experimentally induced asthma. Effects of cannabis on lung function: a population-based cohort study Newspaper ad from 1876 selling marijuana cigarettes for treating asthma. You may laugh at a marijuana cigarette as a real medical treatment, but marijuana is a verified bronchodilator similar in strength to albuterol, the standard asthma medication. The medical efficacy of this specific brand of Asthma cigarettes were specifically exempted within the Single Convention on Narcotic Drugs as created by the United Nations. This means these marijuana cigarettes were still able to be sold after each country banned marijuana. https://www.unodc.org/unodc/en/data-and-analysis/bulletin/bulletin_1951-01-01_4_page002.html https://www.unodc.org/unodc/en/data-and-analysis/bulletin/bulletin_1962-01-01_4_page005.html 036.-diabetes.pdf The Health Effects of Cannabis and Cannabinoids The Current State of Evidence and Recommendations for Research (2017) The Impact of Marijuana Use on Glucose, Insulin, and Insulin Resistance among US Adults 044.-colitis.pdf 050.-gastric-ulcer.pdf 055.-Inflammatory-bowel-disease-IBD.pdf 064.-Ulcerative-colitis.pdf Marijuana Use Patterns Among Patients with Inflammatory Bowel Disease Minnesota Medical Cannabis Program: Patient Experiences from the First Program Year by the MN Department of Health 2016. Cannabinoids and the Urinary Bladder Cannabinoids and gastrointestinal motility: Animal and human studies Medical cannabis – the Canadian perspective Impact of cannabis treatment on the quality of life, weight and clinical disease activity in inflammatory bowel disease patients: a pilot prospective study. 106.-organ-transplant.pdf https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4541500/ Medical Marijuana and Organ Transplantation: Drug of Abuse, or Medical Necessity? 107.-Non-severe-and-non-chronic-Pain.pdf https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3998228/ LARA statistics show the majority of the 250,000+ patients in the MMMA are using cannabis to treat chronic pain. As we know that the medical use of marijuana can treat “severe and chronic pain” already, it can and should be used to treat regular generic pain that is not severe and chronic. The reports and information from the Minnesota Department of Health on its medical marijuana program are very detailed and informative about patients experiences with medical marijuana. Minnesota Medical Cannabis Program: Patient Experiences from the First Program Year by the MN Department of Health 2016. http://www.health.state.mn.us/topics/cannabis/about/appendixa.pdf 108.-Parkinsons.pdf Other states already approve of medical marijuana for Parkinson's Disease. Including: Georgia, Vermont, Connecticut, Florida, Illinois, Massachusetts, New Hampshire, Ohio, New Mexico, New York, Pennsylvania, West Virginia and California http://www.google.com/patents/US6630507 111.-Tourette's-Syndromequalifying.pdf Tourette’s Syndrome is an approved medical marijuana qualifying condition in Arkansas, Illinois, Minnesota and Ohio. While the MMMA covers persistant and severe Muscle Spasms, Tourette's Syndrome sufferers may not have the severe symptoms that qualify. The 1999 Institute of Medicine report states that marijuana can be used to treat Tourettes Syndrome. 112.-MMRP-Autism-Petition-2qualifying.pdf Pennsylvania Medical Marijuana Program lists Autism as a qualifying condition. There are two clinical trials for Autism and cannabis in 2017: Cannabinoids for Behavioral Problems in Autism Spectrum Disorder: A Double Blind, Randomized, Placebo-controlled Trial With Crossover. Cannabidivarin (CBDV) vs. Placebo in Children With Autism Spectrum Disorder (ASD) https://nccih.nih.gov/health/autism https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5473390/ Safety and Efficacy of Medical Cannabis Oil for Behavioral and Psychological Symptoms of Dementia: An-Open Label, Add-On, Pilot Study. An Open Label Study of the Use of Dronabinol (Marinol) in the Management of Treatment-Resistant Self-Injurious Behavior in 10 Retarded Adolescent Patients https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4648553/ DOWNLOAD ALL PETITIONS ONLY (34MB) DOWNLOAD ALL PETITIONS AND SUPPORTING STUDIES HERE (1.7GB)
  2. Michigan Attorney Michael Komorn discusses some of the gray areas in The Michigan Medical Marihuana Act
  3. Pregnancy and Medical Marijuana Expectant mothers are searching for answers about the safety profile of Medical Marijuana. Unfortunately the scientific community has dropped the ball and kicked it off the cliff on this issue. The lack of scientific research is due to marijuana’s illegality. Further, there exist huge biases within the published research. Mostly the research confounds marijuana use with tobacco and/or alcohol, two known causes of fetus and child harm. Separating out marijuana effects from the self-reported research on mothers who also smoke tobacco and drink alcohol is impossible. Likewise no pregnant women are signing up for research studies due to the illegality of marijuana and CPS removing children from mothers for testing positive for marijuana use. Many organizations quote from other organizations, who quote from other studies and reviews. The Minnesota Department of Health OFFICE OF MEDICAL CANNABIS quotes from the American College of Obstetricians and Gynecologists Committee report: In the American College of Obstetricians and Gynecologists official committee opinion, interim update Oct 2017, the committee found: Uninformed opinion, with zero evidence and lots of fear, uncertainty and doubt (FUD) are used to scare mothers away from a nontoxic plant. These uninformed unscientific opinions are being used by lawmakers to craft laws continuing the cycle of FUD and the illegality of marijuana. “Oh we don’t know what marijuana does, so let’s treat it like heroin” and “if anyone questions our opinion of marijuana, we’ll call them dirty lazy pothead stoner hippies” or “puppets of the marijuana industry”. But we do know what marijuana does. One cannot live in a bubble and ignore reality and the world around us. Women smoke and eat marijuana while pregnant. Cannabis use during pregnancy in France in 2010 Trends in Self-reported and Biochemically Tested Marijuana Use Among Pregnant Females in California From 2009-2016 http://news.gallup.com/poll/194195/adults-say-smoke-marijuana.aspx Much of the opinions on marijuana are tainted by a small number of poorly designed studies on marijuana. For example, the National Institute of Health gives grants to researchers through NIDA, the National Institute of Drug Abuse, to study marijuana. NIDA’s focus is on drug abuse, so 90% of its grants are for studies on marijuana abuse, not marijuana benefits. When you ignore half of your research, you ignore science. Many of these studies are completed in order to get future grants from NIDA; research is often conducted from the conclusion backwards in order to show some kind of harm from marijuana use. This, in of itself, does not bias research. https://www.nytimes.com/2010/01/19/health/policy/19marijuana.html The bias is introduced when researchers are rushed and forced to publish results, even if the studies were deficient. For example, every website and newspaper ran with the story about marijuana using children lose IQ points. Not many reported on the follow-up study that could not replicate the first study. When eliminating co-founders, the new study found no drop in IQ points. Further, research on twin siblings showed that the drop in IQ was due to parenting, binge drinking or other societal influences, not marijuana. https://www.drugabuse.gov/news-events/nida-notes/2016/08/study-questions-role-marijuana-in-teen-users-iq-decline Try reading that last sentence again. In a world of science, evidence, reasoning and logic, a doctor makes a statement that decades of use of marijuana might make you lose intellectual function, based on conjecture. NIDA also continues to perpetuate the myth that Marijuana is a “gateway drug”. https://www.drugabuse.gov/publications/research-reports/marijuana/marijuana-gateway-drug These findings are consistent with the idea of marijuana as a "gateway drug." However, the majority of people who use marijuana do not go on to use other, "harder" substances. NIDA, NIH, FDA, DEA, including other federal, state, and local government organizations and private companies continue to perpetuate these and other lies in order to keep marijuana illegal. ASA has filed complaints against the DEA multiple times to get it to remove incorrect statements about marijuana off of the DEA’s website. http://www.safeaccessnow.org/iqa_victory A cyclical pattern emerges from the current and past situation surrounding marijuana. 1. Stymied scientific research, due to illegality of marijuana and government funding biases 2. Using stymied scientific research as a reason to ignore reality. 3. Repeating the biased scientific research, long after it was shown to be deficient. 4. Using the deficient biased research in “meta-reviews”. Thus taking bad science as a base to create more bad science just by doing an analysis of the bad science conclusions. 5. Even after a research study has been fully proven to be deficient and conflicting with better research, continue to hold it up as if it is still valid in some way. 6. Publish opinions as if they were facts, without any data to back up any claims. Continue reading for more conflicting studies and more calls for research. Marijuana: Prenatal and Postnatal Exposure in the Human Marijuana use in pregnancy and lactation: a review of the evidence Marijuana and Pregnancy The Association of Marijuana Use with Outcome of Pregnancy Prenatal Tobacco, Marijuana, Stimulant, and Opiate Exposure: Outcomes and Practice Implications Many of these studies contradict themselves. Some report differences in birth weight, some show no differences. Read the studies yourself! http://legislature.mi.gov/doc.aspx?2017-HB-5222 House bill 5422 will force MMFLA provisioning centers to give patients and caregivers an unscientific pamphlet, as described by the legislature. HB 5222 looks like it will pass. All this fear and doubt of a non-toxic 5,000+ year old medication used by millions of humans in every country in the world.
  4. The Path to Amnesty for Persons Investigated, Arrested, Prosecuted, Convicted or suffered penalty of any kind for Marihuana Charges, related to possessing Non-Plant Material medical marihuana including brownies or other edibles. Clearing your name of criminal charges in Michigan has always been an uphill battle. With the new retroactive changes in the MMMA law, some medical marijuana charges may be able to be fixed. You may be able to have an adjudication or judgement or conviction made nonpublic under MCL 780.621. (5) An application to expunge a record can only be filed 5 or more years after the sentence, probation, discharge or completion of the prison term, whichever is later. There are more requirements before a person can file to have these removed from your record. (a) A person who is convicted of not more than 1 felony offense and not more than 2 misdemeanor offenses may petition the convicting court to set aside the felony offense. Any felony or misdemeanor HYTA or 7411 adjudication or dismissal will be considered a misdemeanor conviction for purposes of expungement, and will count as one of the two possible misdemeanors an adult can have for expungement purposes. If you have more than 2 misdemeanors on your record, you cannot petition to remove any convictions. A conviction for an assaultive, sexual, or other specifically excluded crime cannot be expunged. If you fail to get the conviction expunged by the court, you will not be able to try again for 3 years after the expungement denial, unless the court specifies an earlier time to refile. Michigan Court Rule 6.500 spells out the rules and requirements and procedure for getting a relief from judgment of the court. This motion is for people who have run out of appeals and who want to raise additional issues. The 6.500 motion could also be used by defendants who have missed the appeal filing deadlines. Most 6.500 motions get dismissed by the judge, but with extreme diligence, some of these motions are successful. #TrialLawyer @KomornLawMI #Prosecutor and #Police #Confess they never understood the #MMMA but #arrested and #prosecuted anyway #PureMichigan http://www.9and10news.com/story/33162325/law-enforcement-react-to-new-medical-marijuana-laws 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 (4209- The Michigan Medical Marihuana 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 effected by amending 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." 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.] 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. 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 aka Marihuana is in fact a Medicine according to Michigan Law. (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) Similarly to Michigan, at least 29 other states[1] have passed Medical Marihuana Laws, however pursuant to federal law it remains illegal, and 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, some of those studies can be read here CONCLUSION: The frequency of migraine headache was decreased with medical marijuana use. https://www.ncbi.nlm.nih.gov/pubmed/26749285 Using data on all prescriptions filled by Medicare Part D enrollees from 2010 to 2013, we found that the use of prescription drugs for which marijuana could serve as a clinical alternative fell significantly, once a medical marijuana law was implemented. https://www.ncbi.nlm.nih.gov/pubmed/27385238 Conclusions. Suicides among men aged 20 through 39 years fell after medical marijuana legalization compared with those in states that did not legalize. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4232164/ Conclusions and Relevance Medical cannabis laws are associated with significantly lower state-level opioid overdose mortality rates." https://jamanetwork.com/journals/jamainternalmedicine/fullarticle/1898878 2. By Enacting the Michigan Medical Marihuana Act, persons engaging in the Medical Use of Marihuana will be and should be protected against State 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 benefit health and welfare of Michigan Patients, not intended to be a benefit for police, The Michigan Department of Treasury or private prisons. (c) 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(c) The above reference language in the MMMA is found in the Findings and Declarations section MCL 333.26242 (a-c). In addition to the 2008 MMMA, Michigan voters have overwhelmingly supported and approved local ballot proposals for the legalization or decriminalization of marijuana in 21 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, on a handful of ballot proposals were voted down in six communities: Frankfort, Clare, Harrison, Lapeer, Onaway and Montrose. These facts are important when trying to understand the most recent Michigan State Police data which indicates arrests for marijuana possession and marijuana 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. The MMMA was supposed to help protect patients and yet no clear decrease in marijuana possession cases has happened. Since 2008, marihuana arrests in Michigan have risen 17%. The Michigan State Police have reported consistently millions in forfeiture proceeds per year. http://komornlaw.com/wp-content/uploads/2018/02/2013_Asset_Forfeiture_500018_7.pdf http://komornlaw.com/wp-content/uploads/2018/02/2014_Asset_Forfeiture_FINAL_463679_7.pdf http://komornlaw.com/wp-content/uploads/2015/10/2015_Asset_Forfeiture_FINAL_scanned_2.docx_500139_7.pdf http://komornlaw.com/wp-content/uploads/2018/02/2017_Asset_Forfeiture_Report_577873_7.pdf Michaud Former director of the Michigan State Police Forensic Science Division Captain 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 Data indicate: 1. The majority of marijuana arrests are for possession or use. In 2014, there were 20,483 arrests for marijuana use or possession, which was 86 percent of all marijuana arrests. About 10 percent of the other arrests are for selling the drug. The remainder of the arrests are for "producing" the drug, smuggling or "other. “Arrests related to marijuana are about two-thirds of all drug arrests in Michigan and in 2014 were 9 percent of all criminal arrests. 2. Data from the Michigan State Police shows that there is a disproportionate number of arrests of persons between the age of 18-24 for marijuana-related crimes. Approximately 43 percent of those arrested in 2014 for marijuana were age 18 to 24. The breakdown for other age groups: 26 percent were age 25 to 34; 11 percent were age 35 to 44; 9 percent were under 18; 7 percent were age 45 to 54, and 3 percent were sage 55 or older. The data associated with the federal drug survey shows that marijuana use is highest among young adults and indicates 24 percent of male and 17 percent of female full-time college students age 18 to 22 use marijuana, the survey shows. 3. The Michigan State Police Data indicates that males make up a majority of the arrest for marihuana cases. Men comprised 83 percent of marijuana arrests in 2014, which is disproportionate compared to their rate of usage. The data goes on to indicate that about 9.7 percent of American males age 12 and older are users of marijuana compared to 5.6 percent of women, according to a 2013 federal survey on drug use. That means men are 1.7 times more likely to use marijuana, but are five times more likely to be arrested on marijuana charges. 4. The Michigan State Police Data clearly indicates that the number of arrest for marihuana is disproportionate for African Americans. An African-American in Michigan was three times more likely to be arrested in 2014 for violating marijuana laws compared to a white person, although surveys and research indicate little difference between usage rates between the two groups.[2] In all, African-Americans comprise about 14 percent of Michigan's population, but 35 percent of marijuana arrests. 5. On average, there were about 2.4 marijuana arrests per 1,000 Michigan residents statewide. 6. Since 2011, twenty-one Michigan cities have voted on legalizing or decriminalizing marijuana. 8. Data from the 2013 federal drug survey shows daily use of marijuana is increasing. In 2013, 8.1 million persons aged 12 or older used marijuana on 20 or more days in the past month, which was an increase from the 5.1 million daily or almost daily past month users in 2005 to 2007. The number of daily or almost daily users in 2013 represented 41.1 percent of past month marijuana users, the survey shows. 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 voter’s 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. 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. 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 this shit. 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 clearer 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, in which the MSP are 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 have committed against the Medical Marihuana Community. As a lawyer, I would have advised him to take the fifth. Let’s look at and think about what he is actually saying. "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." Vizina’s statement can only conclude that the prosecutions against medical marihuana patients were done in bad faith, by persons who should never have been involved with policing or prosecuting medical patients. To state that 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 this has been the guiding force for prosecutions is an expression of failure and ignorance. The statement 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 constitutional rights when accused of a crime. 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 States 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, wherein the Legislature has confirmed the States erred for the last 8 years. The legislatures recent amendments to the MMMA, acknowledge for the first time the declarations section of the MMMA. The Legislature acknowledges the intentions 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 by the State for its failure to acknowledge the protections intended for patients and caregivers. The curative and retroactive amendments to the MMMA, in House Bill 4210, unequivocally clarify and make legal the possession of non-plant material marihuana . The People v Carruthers holding is ultimately overruled and no longer applies to Michigan Patients and Caregivers. Section 4 of the MMMA as amended c) 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. The new amendments create an opportunity to bring relief to those who have been wrongly accused. An opportunity to revisit and correct the situations 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 exponential 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. The police, the prosecutor and the state were wrong. You may have a remedy to right this wrong. The new amendments are more than clear in what they fix and to which individuals may benefit from this correction. The state admits and acknowledges that the MMMA contained ambiguities that needed clarifying. The current state court 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 usually never apply retroactively unless the amended language contains an explicit reference to a retroactive application. This is a very unique opportunity that does not happen often. Persons who have been afflicted by the State’s own admitted errors now have a potential path to right this wrong. The ability to set aside a conviction has limitations, and Courts are in the business of closing cases, not reopening 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 difficult. The amendments to the MMMA found in HB 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 State and it’s 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. It is the obligation of the prosecutor in all cases to verify that the accused’s constitutional rights are respected. A prosecutor is not supposed to bring unconstitutional charges against a person. How can a prosecutor then give an excuse that they did not understand the law? Questions remain on how prosecutors will handle medical marijuana Law Enforcement React to New Medical Marijuana Laws September 22, 2016 New medical marijuana laws bring questions on how local law enforcement are reacting to the changes and how they’ll handle medical marijuana now. 9 & 10’s Blayke Roznowski and photojournalist Noah Jurik talked to a prosecutor and the state representative who authored part of the bill. "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 of medicine. 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. 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." http://www.9and10news.com/story/33162325/law-enforcement-react-to-new-medical-marijuana-laws Michael Komorn Komorn Law Pllc http://www.KomornLaw.com [1] Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, and Wisconsin [2] http://www.mlive.com/news/grand-rapids/index.ssf/2013/06/aclu_report_marijuana_arrest_r.html
  5. The Path to Amnesty for Persons Investigated, Arrested, Prosecuted, Convicted or suffered penalty of any kind for Marihuana Charges, related to possessing Non-Plant Material medical marihuana including brownies or other edibles. Clearing your name of criminal charges in Michigan has always been an uphill battle. With the new retroactive changes in the MMMA law, some medical marijuana charges may be able to be fixed. You may be able to have an adjudication or judgement or conviction made nonpublic under MCL 780.621. (5) An application to expunge a record can only be filed 5 or more years after the sentence, probation, discharge or completion of the prison term, whichever is later. There are more requirements before a person can file to have these removed from your record. (a) A person who is convicted of not more than 1 felony offense and not more than 2 misdemeanor offenses may petition the convicting court to set aside the felony offense. Any felony or misdemeanor HYTA or 7411 adjudication or dismissal will be considered a misdemeanor conviction for purposes of expungement, and will count as one of the two possible misdemeanors an adult can have for expungement purposes. If you have more than 2 misdemeanors on your record, you cannot petition to remove any convictions. A conviction for an assaultive, sexual, or other specifically excluded crime cannot be expunged. If you fail to get the conviction expunged by the court, you will not be able to try again for 3 years after the expungement denial, unless the court specifies an earlier time to refile. Michigan Court Rule 6.500 spells out the rules and requirements and procedure for getting a relief from judgment of the court. This motion is for people who have run out of appeals and who want to raise additional issues. The 6.500 motion could also be used by defendants who have missed the appeal filing deadlines. Most 6.500 motions get dismissed by the judge, but with extreme diligence, some of these motions are successful. #TrialLawyer @KomornLawMI #Prosecutor and #Police #Confess they never understood the #MMMA but #arrested and #prosecuted anyway #PureMichigan http://www.9and10news.com/story/33162325/law-enforcement-react-to-new-medical-marijuana-laws 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 (4209- The Michigan Medical Marihuana 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 effected by amending 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." 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.] 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. 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 aka Marihuana is in fact a Medicine according to Michigan Law. (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) Similarly to Michigan, at least 29 other states[1] have passed Medical Marihuana Laws, however pursuant to federal law it remains illegal, and 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, some of those studies can be read here CONCLUSION: The frequency of migraine headache was decreased with medical marijuana use. https://www.ncbi.nlm.nih.gov/pubmed/26749285 Using data on all prescriptions filled by Medicare Part D enrollees from 2010 to 2013, we found that the use of prescription drugs for which marijuana could serve as a clinical alternative fell significantly, once a medical marijuana law was implemented. https://www.ncbi.nlm.nih.gov/pubmed/27385238 Conclusions. Suicides among men aged 20 through 39 years fell after medical marijuana legalization compared with those in states that did not legalize. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4232164/ Conclusions and Relevance Medical cannabis laws are associated with significantly lower state-level opioid overdose mortality rates." https://jamanetwork.com/journals/jamainternalmedicine/fullarticle/1898878 2. By Enacting the Michigan Medical Marihuana Act, persons engaging in the Medical Use of Marihuana will be and should be protected against State 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 benefit health and welfare of Michigan Patients, not intended to be a benefit for police, The Michigan Department of Treasury or private prisons. (c) 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(c) The above reference language in the MMMA is found in the Findings and Declarations section MCL 333.26242 (a-c). In addition to the 2008 MMMA, Michigan voters have overwhelmingly supported and approved local ballot proposals for the legalization or decriminalization of marijuana in 21 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, on a handful of ballot proposals were voted down in six communities: Frankfort, Clare, Harrison, Lapeer, Onaway and Montrose. These facts are important when trying to understand the most recent Michigan State Police data which indicates arrests for marijuana possession and marijuana 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. The MMMA was supposed to help protect patients and yet no clear decrease in marijuana possession cases has happened. Since 2008, marihuana arrests in Michigan have risen 17%. The Michigan State Police have reported consistently millions in forfeiture proceeds per year. http://komornlaw.com/wp-content/uploads/2018/02/2013_Asset_Forfeiture_500018_7.pdf http://komornlaw.com/wp-content/uploads/2018/02/2014_Asset_Forfeiture_FINAL_463679_7.pdf http://komornlaw.com/wp-content/uploads/2015/10/2015_Asset_Forfeiture_FINAL_scanned_2.docx_500139_7.pdf http://komornlaw.com/wp-content/uploads/2018/02/2017_Asset_Forfeiture_Report_577873_7.pdf Michaud Former director of the Michigan State Police Forensic Science Division Captain 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 Data indicate: 1. The majority of marijuana arrests are for possession or use. In 2014, there were 20,483 arrests for marijuana use or possession, which was 86 percent of all marijuana arrests. About 10 percent of the other arrests are for selling the drug. The remainder of the arrests are for "producing" the drug, smuggling or "other. “Arrests related to marijuana are about two-thirds of all drug arrests in Michigan and in 2014 were 9 percent of all criminal arrests. 2. Data from the Michigan State Police shows that there is a disproportionate number of arrests of persons between the age of 18-24 for marijuana-related crimes. Approximately 43 percent of those arrested in 2014 for marijuana were age 18 to 24. The breakdown for other age groups: 26 percent were age 25 to 34; 11 percent were age 35 to 44; 9 percent were under 18; 7 percent were age 45 to 54, and 3 percent were sage 55 or older. The data associated with the federal drug survey shows that marijuana use is highest among young adults and indicates 24 percent of male and 17 percent of female full-time college students age 18 to 22 use marijuana, the survey shows. 3. The Michigan State Police Data indicates that males make up a majority of the arrest for marihuana cases. Men comprised 83 percent of marijuana arrests in 2014, which is disproportionate compared to their rate of usage. The data goes on to indicate that about 9.7 percent of American males age 12 and older are users of marijuana compared to 5.6 percent of women, according to a 2013 federal survey on drug use. That means men are 1.7 times more likely to use marijuana, but are five times more likely to be arrested on marijuana charges. 4. The Michigan State Police Data clearly indicates that the number of arrest for marihuana is disproportionate for African Americans. An African-American in Michigan was three times more likely to be arrested in 2014 for violating marijuana laws compared to a white person, although surveys and research indicate little difference between usage rates between the two groups.[2] In all, African-Americans comprise about 14 percent of Michigan's population, but 35 percent of marijuana arrests. 5. On average, there were about 2.4 marijuana arrests per 1,000 Michigan residents statewide. 6. Since 2011, twenty-one Michigan cities have voted on legalizing or decriminalizing marijuana. 8. Data from the 2013 federal drug survey shows daily use of marijuana is increasing. In 2013, 8.1 million persons aged 12 or older used marijuana on 20 or more days in the past month, which was an increase from the 5.1 million daily or almost daily past month users in 2005 to 2007. The number of daily or almost daily users in 2013 represented 41.1 percent of past month marijuana users, the survey shows. 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 voter’s 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. 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. 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 this shit. 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 clearer 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, in which the MSP are 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 have committed against the Medical Marihuana Community. As a lawyer, I would have advised him to take the fifth. Let’s look at and think about what he is actually saying. "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." Vizina’s statement can only conclude that the prosecutions against medical marihuana patients were done in bad faith, by persons who should never have been involved with policing or prosecuting medical patients. To state that 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 this has been the guiding force for prosecutions is an expression of failure and ignorance. The statement 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 constitutional rights when accused of a crime. 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 States 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, wherein the Legislature has confirmed the States erred for the last 8 years. The legislatures recent amendments to the MMMA, acknowledge for the first time the declarations section of the MMMA. The Legislature acknowledges the intentions 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 by the State for its failure to acknowledge the protections intended for patients and caregivers. The curative and retroactive amendments to the MMMA, in House Bill 4210, unequivocally clarify and make legal the possession of non-plant material marihuana . The People v Carruthers holding is ultimately overruled and no longer applies to Michigan Patients and Caregivers. Section 4 of the MMMA as amended c) 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. The new amendments create an opportunity to bring relief to those who have been wrongly accused. An opportunity to revisit and correct the situations 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 exponential 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. The police, the prosecutor and the state were wrong. You may have a remedy to right this wrong. The new amendments are more than clear in what they fix and to which individuals may benefit from this correction. The state admits and acknowledges that the MMMA contained ambiguities that needed clarifying. The current state court 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 usually never apply retroactively unless the amended language contains an explicit reference to a retroactive application. This is a very unique opportunity that does not happen often. Persons who have been afflicted by the State’s own admitted errors now have a potential path to right this wrong. The ability to set aside a conviction has limitations, and Courts are in the business of closing cases, not reopening 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 difficult. The amendments to the MMMA found in HB 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 State and it’s 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. It is the obligation of the prosecutor in all cases to verify that the accused’s constitutional rights are respected. A prosecutor is not supposed to bring unconstitutional charges against a person. How can a prosecutor then give an excuse that they did not understand the law? Questions remain on how prosecutors will handle medical marijuana Law Enforcement React to New Medical Marijuana Laws September 22, 2016 New medical marijuana laws bring questions on how local law enforcement are reacting to the changes and how they’ll handle medical marijuana now. 9 & 10’s Blayke Roznowski and photojournalist Noah Jurik talked to a prosecutor and the state representative who authored part of the bill. "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 of medicine. 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. 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." http://www.9and10news.com/story/33162325/law-enforcement-react-to-new-medical-marijuana-laws Michael Komorn Komorn Law Pllc http://www.KomornLaw.com [1] Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, and Wisconsin [2] http://www.mlive.com/news/grand-rapids/index.ssf/2013/06/aclu_report_marijuana_arrest_r.html
  6. After the MMMA was enacted by a vote of 63% of Michigan voters in 2008, the legislature has declined to add any new qualifying conditions to protect patients from arrest. Senator Rick Jones even attempted to remove Glaucoma from the MMMP's list of qualifying conditions. Patients , caregivers and other interested parties wrote in opposition to the bill. A handful of petitions have been submitted over the years. LARA (and the previous MDCH department) have used various reasons and tricks to deny these petitions. Only Post Traumatic Stress Disorder has been added as a qualifying condition to the Michigan Medical Marihuana Act. Autism and Parkinson's disorder petitions were approved by the Michigan medical marihuana review board (the board consists mostly of physicians). These petitions were denied by the LARA director. The petitions were not deficient in any way and should have been accepted by LARA. We resubmitted the Autism petition again, with 20 additional research studies. Now, with the help of numerous patients, researchers, Dwight Z. and Dr. Christian Bogner along with the Michigan Medical Marijuana Association and Michael Komorn, we have assembled a massive amount of peer-reviewed medical research and government data to show that these conditions should be approved to protect patients, caregivers and physicians from arrest for the medical use of marijuana to treat their conditions. This project took months of work. Reading, organizing, searching and collecting thousands of pages of research from all over the world. Including the most up to date medical studies, peer-reviewed patient surveys and the national reviews of all medical marijuana studies by the National Academies of Science. The oldest peer-reviewed medical research paper cited within these petitions was from the first volume of The Lancet in 1889. Birch EA. The use of Indian hemp in the treatment of chronic chloral and chronic opium poisoning. The Lancet. 1889;133:625. Cannabis, Indian Hemp, Marijuana, whatever you call it, physicians were using this non-toxic plant in 1889 to treat chronic opium poisoning and opium addiction. As opioid based prescriptions are addicting and killing approximately 142 Americans each day in 2017, medical marijuana is a non-lethal non-toxic way to avoid "America enduring a death toll equal to September 11th every three weeks." The qualifying condition petitions were based primarily on the following: Already approved qualifying conditions in other medical marijuana states. Historical and ancient medical books. Patient self-reports and surveys. US Government Department of Health and Human Services Patent on using marijuana to treat many diseases and injuries, including brain injury on humans. Institute of Medicine 1999 report on medical marijuana. This report was the basis for the MMMA, specifically cited within the Michigan law, MCL 333.26422 (b). National Academies of Science (formerly the Institute of Medicine) 2017 updated report on medical marijuana. Included research not only supports each qualifying condition petition, but also answers questions that the LARA directors, physicians and medical marijuana review panel board members had asked of past petitioners. Reports on dosages, safety profiles of marijuana, statistics from the CDC and Poison Control, and information from NIH, FDA and the DEA are presented in the petitions. This information was included in order to compare the safety, effects and side-effects of medical marijuana with FDA approved prescription medications. All of the patients, caregivers, researchers, the Michigan Medical Marijuana Association and it's president Michael Komorn fully agree that marijuana should be removed from the Controlled Substances Act. Marijuana should continue to be studied as a treatment for every human and animal disease. Marijuana also should be submitted to the FDA for approval as a medicine. We fully support all clinical trials related to using marijuana as a treatment for any condition, disease or injury. As all of the scientific peer-reviewed published clinical trials show, marijuana is an effective medicine. The http://www.nih.gov website was heavily utilized throughout this project for locating scientific peer-reviewed published research, reports and information. The petitions are grouped by similar conditions, symptoms or mechanisms of treatment. Included in this post are some choice quotes from a few studies in each group of petitions. 001.-Anxiety.pdf 004.-depression.pdf 007.-Obsessive-compulsive-disorder.pdf 008.-panic-attacks.pdf 011.-Schizophrenia.pdf 012.-Social-Anxiety-Disorder.pdf Marijuana and Medicine Assessing the Science Base 1999 report from the Institute of Medicine https://directorsblog.nih.gov/2014/04/10/anxiety-reduction-exploring-the-role-of-cannabinoid-receptors/ Medical Cannabis in Arizona: Patient Characteristics, Perceptions, and Impressions of Medical Cannabis Legalization. 014.-arthritis.pdf 023.-Rheumatoid-Arthritis.pdf Preliminary assessment of the efficacy, tolerability and safety of a cannabis-based medicine (Sativex) inthe treatment of pain caused by rheumatoid arthritis Transdermal cannabidiol reduces inflammation and pain-related behaviours in a rat model of arthritis 025.-brain-injury.pdf 030.-Treatment-of-spinal-cord-injury.pdf 031.-asthma.pdf Effects of smoked marijuana in experimentally induced asthma. Effects of cannabis on lung function: a population-based cohort study Newspaper ad from 1876 selling marijuana cigarettes for treating asthma. You may laugh at a marijuana cigarette as a real medical treatment, but marijuana is a verified bronchodilator similar in strength to albuterol, the standard asthma medication. The medical efficacy of this specific brand of Asthma cigarettes were specifically exempted within the Single Convention on Narcotic Drugs as created by the United Nations. This means these marijuana cigarettes were still able to be sold after each country banned marijuana. https://www.unodc.org/unodc/en/data-and-analysis/bulletin/bulletin_1951-01-01_4_page002.html https://www.unodc.org/unodc/en/data-and-analysis/bulletin/bulletin_1962-01-01_4_page005.html 036.-diabetes.pdf The Health Effects of Cannabis and Cannabinoids The Current State of Evidence and Recommendations for Research (2017) The Impact of Marijuana Use on Glucose, Insulin, and Insulin Resistance among US Adults 044.-colitis.pdf 050.-gastric-ulcer.pdf 055.-Inflammatory-bowel-disease-IBD.pdf 064.-Ulcerative-colitis.pdf Marijuana Use Patterns Among Patients with Inflammatory Bowel Disease Minnesota Medical Cannabis Program: Patient Experiences from the First Program Year by the MN Department of Health 2016. Cannabinoids and the Urinary Bladder Cannabinoids and gastrointestinal motility: Animal and human studies Medical cannabis – the Canadian perspective Impact of cannabis treatment on the quality of life, weight and clinical disease activity in inflammatory bowel disease patients: a pilot prospective study. 106.-organ-transplant.pdf https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4541500/ Medical Marijuana and Organ Transplantation: Drug of Abuse, or Medical Necessity? 107.-Non-severe-and-non-chronic-Pain.pdf https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3998228/ LARA statistics show the majority of the 250,000+ patients in the MMMA are using cannabis to treat chronic pain. As we know that the medical use of marijuana can treat “severe and chronic pain” already, it can and should be used to treat regular generic pain that is not severe and chronic. The reports and information from the Minnesota Department of Health on its medical marijuana program are very detailed and informative about patients experiences with medical marijuana. Minnesota Medical Cannabis Program: Patient Experiences from the First Program Year by the MN Department of Health 2016. http://www.health.state.mn.us/topics/cannabis/about/appendixa.pdf 108.-Parkinsons.pdf Other states already approve of medical marijuana for Parkinson's Disease. Including: Georgia, Vermont, Connecticut, Florida, Illinois, Massachusetts, New Hampshire, Ohio, New Mexico, New York, Pennsylvania, West Virginia and California http://www.google.com/patents/US6630507 111.-Tourette's-Syndromequalifying.pdf Tourette’s Syndrome is an approved medical marijuana qualifying condition in Arkansas, Illinois, Minnesota and Ohio. While the MMMA covers persistant and severe Muscle Spasms, Tourette's Syndrome sufferers may not have the severe symptoms that qualify. The 1999 Institute of Medicine report states that marijuana can be used to treat Tourettes Syndrome. 112.-MMRP-Autism-Petition-2qualifying.pdf Pennsylvania Medical Marijuana Program lists Autism as a qualifying condition. There are two clinical trials for Autism and cannabis in 2017: Cannabinoids for Behavioral Problems in Autism Spectrum Disorder: A Double Blind, Randomized, Placebo-controlled Trial With Crossover. Cannabidivarin (CBDV) vs. Placebo in Children With Autism Spectrum Disorder (ASD) https://nccih.nih.gov/health/autism https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5473390/ Safety and Efficacy of Medical Cannabis Oil for Behavioral and Psychological Symptoms of Dementia: An-Open Label, Add-On, Pilot Study. An Open Label Study of the Use of Dronabinol (Marinol) in the Management of Treatment-Resistant Self-Injurious Behavior in 10 Retarded Adolescent Patients https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4648553/ DOWNLOAD ALL PETITIONS ONLY (34MB) DOWNLOAD ALL PETITIONS AND SUPPORTING STUDIES HERE (1.7GB)
  7. LANSING, MI - It was chilly on the morning of Dec. 15., but Michigan State Police stood outside a state office building. They were there for safety, ready, as the Bureau of Medical Marihuana Regulation opened its doors, for some applicants to show up with the $6,000 application fee in cash. Michigan lawmakers authorized a new medical marijuana industry in 2016, and the state began accepting applications to be a part of it on Dec. 15, 2017. But businesses seeking inclusion are already running into a roadblock: banks won't take their money. "It's not that banks don't want to. It becomes a very significant risk," said Patricia Herndon, senior vice president of government affairs for the Michigan Bankers Association. Michigan created a $837M medical marijuana industry with nowhere to put its cash Updated Feb 14, 7:46 AM; Posted Feb 14, 7:45 AM By Emily Lawler elawler@mlive.com Federally, marijuana is considered a Schedule I substance, a category that means the government considers it to have no medical use and a high potential for addiction. The revenue from a state-authorized medical or recreational marijuana business can potentially be viewed as drug money by the federal government. In Michigan, medical marijuana is legal and its industry is projected to expand rapidly. A House Fiscal Agency analysis of the bill lawmakers approved projected it would grow to $837 million annually. As of Feb. 2 there were already 146 businesses who have submitted prequalifications with the Bureau of Medical Marijuana Regulation, and another 618 had started the online application process. But without being able to rely on basic banking services, those medical marijuana business owners are struggling with how to remain above-board. Paul Samways, an accountant with Cannabis Accounting, said he's currently going out to clients to count their cash. And when the businesses start operating under the new scheme, it only gets more complicated if they can't cut checks or store money. "These guys aren't hiding stuff in their mattress, they want to be above-board, they want to make sure everybody knows what's going on, they want to pay their taxes... how do you do it without a bank account?" Samways asked. Banks shy away from marijuana money Acting as a bank for a medical marijuana business was a thorny issue to begin with, and one that's gotten more difficult in wake of a memo issued by U.S. Attorney General Jeff Sessions last month. Banks that want to handle medical marijuana business money have to do a lot of due diligence at a high upfront cost to ensure compliance with the Bank Secrecy Act and anti-money laundering rules, Herndon said. But on Jan. 4, Sessions repealed an Obama-era policy known as the Cole memo, which instructed federal prosecutors since 2013 not to prioritize the enforcement of federal anti-marijuana laws in some instances where states had their own marijuana laws on the books. Now, federal prosecutors are using their discretion on the enforcement of federal marijuana laws. Sessions policy shift on marijuana could have implications for Michigan "That rescission adds even greater uncertainty to this," Herndon said. "I will say that they continue to look at this, there's been no declaration from the U.S. district attorney that there's going to be an active force in that direction." Before that move, there had been an uptick nationally in banks serving the medical marijuana industry. According to a report from the federal Financial Crimes Enforcement Network, 400 financial institutions were banking with marijuana businesses in September of 2017, which represented steady growth. And some states have found ways around needing buy-in from financial institutions. In Hawaii, state officials collaborated with a cashless service called CanPay and Safe Harbor Private Banking, a marijuana-specific financial institution, to let medical marijuana businesses handle transactions. In Maryland and Florida, banks have quietly popped up to fill the void. But Florida's bank is backing out now. With Michigan's industry coming online at the same time banks are grappling with the Sessions memo, it's not clear any financial institutions will rush to fill the void. Samways looked into the possibility of starting a state-chartered credit union that would accept medical marijuana money a few years ago. The problem he ran into, he said, was that he couldn't get a master account in the federal reserve without compromising the medical marijuana money. "What happens is if you don't have a federal reserve master account, you can't cash checks or take debit cards or transfer money into the money super-highway," he said. As of now, Herndon said, no Michigan bank has publicly come forward as accepting medical marijuana money. Lawmakers look for solutions Rep. Klint Kesto, R-Commerce Twp., is the sponsor of House Bill 5144, which was signed into law last month. It makes several refinements to the medical marijuana law the state passed in December of 2016. Among the changes, it specifies that an accountant or financial institution providing services to someone licensed under the Medical Marihuana Act wouldn't be subject to penalties. Kesto said the intent was not to hold banks accountable for providing somebody with their banking records. "Because in order to apply for a license you have to go and get your banking records. So if you went to the teller or the clerk or whoever was going to assist you, then we don't want to subject them to any criminal laws that then may be out there. We specifically codify that," Kesto said. The same idea applies to certified public accountants, he said. To apply for a license to be a medical marijuana grower, processer, tester, transporter or dispensary, applicants have to prove they meet a capital requirement, which is often dependent on financial records. It's CPAs who provide an attestation that applicants have met those requirements. And that's just for the application process. But when marijuana businesses actually start pulling in money, they'll run into another problem, one Kesto acknowledges. Where are they supposed to store it? "I think that it makes a lot of people nervous. I bet the people who have to hold that cash are nervous, because that makes them a target as well," Kesto said. "Law enforcement is probably nervous because they have to enforce the laws if there's theft, or robberies, or what have you. So I think that we have to be cognizant of that." Rep. Pete Lucido, R-Shelby Twp., is looking to answer that with House Joint Resolution CC, which would create a state bank capable of handling money from marijuana businesses. Without some kind of solution, he said, Michigan would have a huge industry that basically lacked the ability to put its revenue back into the economy. Right now, he said, people could get stuck keeping it in mattresses and coffee cans. "What other safe harbor do we have? If the banks can't touch the proceeds and the credit unions can't touch the proceeds from the sale of marijuana, then what do we leave those that are in the business that are regulated by the state as it relates to licensing? Even the labs that test it would be barred from putting the proceeds into the bank or credit union because it violates federal law," Lucido said. So far, Lucido said, South Dakota is the only other state with a state bank. South Dakonta authorized it close to 100 years ago and don't have medical marijuana. But Michigan has a chance to open their own and be a leader, he said. He doesn't necessarily think a state bank competing with private banking services is a good idea. But right now, it's what he's got. "I would surely think that if the banking industry and credit union industry have an alternative, they can sure knock on my door and give it to me," Lucido said. Magnitude of problem could grow with legalization Try as state lawmakers might, it's not clear that they have the power to address the issue, at least through regular banks. "Very little can be done at this point, at the state level, to impact the prohibitions and the obstacles that are put into place that are keeping us from jumping into this," Herndon said. Right now the state's talking about a potentially $837 million medical marijuana industry with banking issues. But if a ballot initiative to legalize recreational marijuana for adult use passes, even more businesses and more dollars could have trouble accessing traditional banking systems. Josh Hovey, a spokesperson for the Coalition to Regulate Marijuana Like Alcohol, the group pushing for legalization, said based off what other states have experienced, "We're thinking that once the market is fully established that Michigan could be generating anywhere from $100 million to $200 million a year in tax revenue." That's a lot of money to think about collecting from a cash-only business. But he's hopeful Congress will broker a federal solution. "I think it's something that Congress is starting to look at and realizing that there's a whole lot of money out there that the IRS needs to be collecting, that state governments need to be collecting," Hovey said. But absent that - or any potential state action - Michigan's marijuana industry will likely be a cash one. http://www.mlive.com/news/index.ssf/2018/02/michigan_created_a_837m_medica.html
  8. Detroit has an interesting history of fighting voter ballot proposals. In 2012, The city of Detroit fought the ballot proposal in court , all the way up to the Michigan Supreme Court and lost. Finally these ballot questions would go to the voters! Why did Detroit fight so hard about decriminalizing small amounts of marijuana? Why exactly did they want to keep marijuana illegal and continue the war on drugs and prohibition? 80 years after prohibition of alcohol ended in a huge failure of organized crime, mafia bootlegging and bullet strewn alcohol turf wars on the streets. http://www.mlive.com/news/detroit/index.ssf/2012/07/detroit_marijuana_referendum_g.html In 2017, Detroit made an ordinance against the medical marijuana businesses, it's ultimate goal was to destroy the nearly 200 dispensaries that were licensed within the city. The citizens of Detroit then put the question on the ballot for the voters to decide. https://www.metrotimes.com/detroit/marijuana-proposals-head-to-the-ballot/Content?oid=6169067 Again, in 2018, the city of Detroit continues fighting, this time against the new ballot proposal which the voters approved of, makes the Detroit ordinance in sync with the Michigan Medical Marihuana Facilities Licensing Act. Detroit is going to lose, as it did in 2012, as it did in 2017. Three strikes and you are out, Detroit. https://www.freep.com/story/news/local/michigan/detroit/2018/02/19/detroit-medical-marijuana-law-appeal/350840002/
  9. Wexford County Prosecuting Attorney Anthony Badovinac is ill informed about the MMMA. Starts at 14:23 https://www.facebook.com/anthony.badovinac/videos/772088959592218/
  10. Any thoughts or predictions on this (Gambling is illegal at Bushwood and Sir, I never slice). 1. Who wins this one? A. Science 2. If rescheduling to what number? A. 2 (should be a 4) 3. If rescheduling occurs is this good or bad for the Michigan Patient Community? A. Good, in short term, uncertainty after that. http://www.enewspf.c...y-20-years.html Audiotape of yesterday's teleconference briefing with researchers, legal counsel and lawsuit plaintiff now available WASHINGTON--(ENEWSPF)--October 5 - For the first time in nearly 20 years, a United States Court of Appeals is set to hear oral arguments in a lawsuit challenging the federal government's classification of marijuana as a dangerous drug with no medicinal value: Americans for Safe Access v. Drug Enforcement Administration. This historic case will force a federal court to finally review the scientific evidence regarding the therapeutic efficacy of marijuana. During a press briefing Thursday, plaintiffs in the case, along with leading medical researchers and clinicians, spoke about the necessity of the federal government recognizing current scientific data supporting marijuana rescheduling. Marijuana is currently classified in the same category as heroin despite calls from scientists, medical professionals, and policy makers to reschedule marijuana for medical use. The U.S. Court of Appeals for the D.C. Circuit will hear opening arguments on the case the morning of October 16, 2012. "Medical marijuana patients are finally getting their day in court," said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), who will be arguing the case before the D.C. Circuit. "What's at stake in this case is nothing less than our country's scientific integrity and the imminent needs of millions of patients." On the call, Dr. Donald Abrams, Director of Clinical Programs at San Francisco General Hospital, described the effectiveness of medical marijuana in the treatment regimens of cancer and HIV/AIDS patients. "In my practice every day as a cancer specialist I see patients who have loss of appetite, nausea and vomiting from their chemotherapy, pain on and off of opiates, anxiety, depression, and insomnia," conditions which Dr. Abrams said can be alleviated by medical marijuana. Dr. Igor Grant, Executive Vice-Chair, Department of Psychiatry, University of California-San Diego School of Medicine, and director of the Center for Medicinal Cannabis Research, stated that multiple California state-supported studies have resulted in "very good evidence" that medical marijuana "is effective in treating muscle spasticity," which is often experienced by patients with Multiple sclerosis and other painful disorders. He added that it is critical to separate out patients' legitimate medical needs from other issues surrounding marijuana's distribution and usage. Dr. Grant recently published a study in Open Neurology Journal concluding that marijuana's current classification is "untenable." Plaintiff Michael Krawitz, a Gulf War veteran and medical marijuana patient, conveyed his struggle in managing his combat-related pain without relinquishing federally-mandated VA benefits under marijuana's current classification. Without access to medical marijuana, he stated he is in danger of destabilizing his overall health condition, a situation Krawitz has faced multiple times due to federal policy. Steph Sherer, ASA’s Executive Director, ended the call by noting that the rescheduling case coincides with the organization's 10th anniversary of its founding, which will be marked by an event the night of October 16th honoring individuals, including numerous elected officials, who have led the fight for patient access. "The time has come to address medical marijuana as a public health issue and for the federal government to prioritize science over politics," Sherer said. Further information: Audio recording of Thursday's teleconference briefing on the rescheduling case: http://snd.sc/OHKSoR Details of ASA's 10th anniversary dinner on October 16th: http://AmericansForS...rg/oct16-dinner Michael A. Komorn Attorney and Counselor Law Office of Michael A. Komorn 3000 Town Center, Suite, 1800 Southfield, MI 48075 800-656-3557 (Toll Free) 248-351-2200 (Office) 248-357-2550 (Phone) 248-351-2211 (Fax) Email: michael@komornlaw.com Website: www.komornlaw.com Check out our Radio show: http://www.blogtalkr...lanetgreentrees CALL IN NUMBER: (347) 326-9626 Live Every Thursday 8-10:00p.m. PLANET GREENTREES w/ Attorney Michael Komorn The most relevant radio talk show for the Michigan Medical Marijuana Community. PERIOD.
  11. If you or someone you know isn’t registered, there’s no time to waste. If you’ve moved recently, don’t wait another second. Register now -- don’t miss out on what is sure to be a close election! http://www.gottaregister.com/ Even if you’re already registered, take a minute right now to confirm your registration, find your polling place and view a sample ballot: http://www.michigan.gov/vote And if you’re 60 or older, you can vote absentee, no questions asked. Voters that will be out of town on Election Day or unable to vote at the polls without assistance can vote absentee, too. If you are eligible, apply for an absentee ballot today and vote from the comfort of your home. You can find out more about absentee voting and download an absent voter ballot application here.
  12. Hemp, Inc. (OTC: HEMP), the first all-hemp, publicly-traded company in US history forges path in the industrial hemp industry, continues its effort to blow the lid off a nest of deception and double standards many feel have been imposed by the United States government concerning the ancient superfood, hemp seeds. Despite the Cannabis classification, hemp seeds aren't for smoking, nor does it get you "high" as countless people have been led to believe, according to the Kimble Group, LLC. Hemp seeds are growing in popularity, thus, questions are arising concerning their presumed health benefits. So what is it 'they' don't want the American people to know? Why would such enlightening, useful and beneficial information be kept under wraps? http://www.prweb.com/releases/hemp/marijuana/prweb9954724.htm The first all-hemp, publically-traded company in US History,Hemp, Inc. (OTC: HEMP), hemp.com, blows the lid off a nest of deception. (PRWEB) September 28, 2012 It wasn't until this year, August, US senators Jeff Merkley, Ron Wyden, Bernie Sanders and Rand Paul ardently worked together in a bipartisan effort to get industrial hemp removed from the federal doghouse. If passed, this historic senate bill will create economic opportunities by removing federal restrictions on the domestic cultivation of industrial hemp. Before light is shed on the benefits on hemp, let's take a look at how and why hemp has been getting a bad rap over the years. According to Hemp, Inc. (OTC: HEMP), the first all-hemp, publically-traded company in US history, William Hurst, an influential American newspaper publisher, created a yellow journalism campaign to associate hemp with marijuana. Why? Commercial hemp seeds contain very low amounts of THC, the property responsible for the drug response, plus they contain a substance that counteracts THC. According to Dr. David P. West, who specializes in plant breeding and genetics and who has written a plethora of articles on industrial hemp, says, "The washed hemp seed contains no THC at all. The tiny amounts of THC contained in industrial hemp are in the glands of the plant itself. Sometimes, in the manufacturing process, some THC- and CBD-containing resin sticks to the seed, resulting in traces of THC in the oil that is produced. The concentration of these cannabinoids in the oil is infinitesimal. No one can get high from it." Hurst, along with his friend Pierre DuPont, succeeded in outlawing hemp in America and in turn robbed the world of an environmental cash crop. Why would they do such a thing? As noted by Hemp.com, "Because instead of using hemp for paper, clothing, fuel, oils, resins, medicines, and many other uses, we now use trees and synthetic petrochemicals. Hearst owned huge forests and interests in lumber mills. DuPont made synthetic fuels and fibers (nylon, rayon, plastics) from petroleum." Go figure. Hemp seeds go back as far as 8,500 years. Initially, the Chinese were harvesting it and using the plant fibers to produce durable cloth, however, 3,000 years ago, they began using the seeds as a food source. Hemp seeds have been a proven source of protein on the planet, primarily because they contain all twenty one known amino acids. Clinical herbalist, Larken Bunce, says, "Hemp seeds are a nutritionally dense food source that provide the body with necessary macro- and micronutrients, including protein, essential fatty acids, fiber, vitamins and minerals. The addition of hemp seeds to your daily diet can ensure you are getting necessary essential fatty acids, a good balance of protein and carbohydrates, a good source of fiber as well as some essential vitamins and minerals." Essentially, the human organism is unable to produce all essential amino acids, but amazingly, hemp does. The hemp seeds are a great source of polyunsaturated fat as well as essential fatty acids. According to Nourishing Gourmet, hemp foods are also a rich source of phytonutrients, the organic compounds of plants that are thought to promote human health. More specifically, Dr. Cassandra Forsyth, nutrition researcher at the University of Connecticut, says, "Hemp seeds are rich in omega3 fatty acids, which reduce your risk of heart disease and stroke." According to an article in Men's Health, written by Carolyn Kylstra on 9/25/12, a 1-ounce serving of the seeds provides 11 grams of protein, not to be confused with incomplete protein found in most plant sources. The article's research found the protein in hemp seeds to be comparable to that found in meat, eggs, and dairy. If hemp food is easily digested and in turn can be used to treat malnourishment, why such a bad rap? Why not mass produce since the consumption of complete proteins is necessary for human survival? The US Government's complacency of 'profit before health' can no longer stand on the incredulous foundation on which it was built. The American people are, indeed, waking up. Michael A. Komorn Attorney and Counselor Email: michael@komornlaw.com Website: www.komornlaw.com Check out our Radio show: http://www.blogtalkradio.com/planetgreentrees Live Every Thursday 8-10:00p.m. PLANET GREENTREES w/ Attorney Michael Komorn The most relevant radio talk show for the Michigan Medical Marijuana Community. PERIOD
  13. Simple as 1,2,3 - Will be the new policy for the MMMA forums So much ado has been made at our attempt to provide a reasonable policy for posting on the forums. Much debate has been had amongst the moderator staff and on the forums amongst our members. As is often the case and even more so on the Internet, communication and semantics are critical when trying to develop a consistent but clear policy regarding the Act that can be enforced easily and without issue. The unambiguous policy to date has created some confusion when its intent was just the opposite. Additionally and without merit many of the moderators have been under attack for attempting to enforce a policy that is designed only to protect patients from arrest, prosecution or penalty. The reference to Nazis is offensive and reflects an absolute lack of knowledge of history, common sense, and humanity. The comparison of anything the moderators do on this site to the devastation the Nazis did in world history is blatant ignorance. Let it be stated now, and made very clear that the MMMA does not believe that the proper interpretation of the law would prohibit any of the behavior that may fall into the so called ambiguous zone. The MMMA believes that the Act should be interpreted liberally, and with the sole purpose of protecting patients and caregivers. Further the MMMA does not believe that dispensaries, farmers markets, any registered caregiver transfers to any registered patient or patient to patient transfers are unlawful. In fact the MMMA believes and acknowledges that all of these acts and behaviors are critical and essential for the medical cannabis community to survive and flourish. Why then would the MMMA attempt to create a policy that purports to limit this behavior? The answer is simple, we are not! What are we trying to do then? The MMMA is simply trying to provide advice and direction for patients and caregivers to avoid arrest, and be forced to defend themselves in court. It is that simple. Perhaps as simple as 1, 2, 3. Simple as 1, 2, 3 will be the new policy for the MMMA forums. The behavior of patients and caregivers will be and should be assessed by a ranking of risk and liability scored by Level 1 risk, Level 2 risk, and Level 3 risk. Ask yourself the following question: is there a consistent and unequivocal interpretation of the behavior by patients and caregivers that LEO would agree is lawful? Said another way, would the behavior in question result in an arrest if you asked all LEO statewide? The focus here is not what the MMMA wants; the focus here is not what the MMMA believes the proper interpretation of the act should be. The focus here is not what LEO in your local community says is lawful. Instead the operative question is how do all Leo state wide interpret the act and what do they believe is unlawful behavior? Is there a consistent and unequivocal interpretation of the behavior by patients and caregivers that LEO would agree is lawful? If the answer is yes you are in a Level 1 Risk category and should be protected against arrest, prosecution, or any penalty. All other behavior outside of this definition falls into Level 2 and 3 risk categories. Level 2 and 3 behavior is not unlawful per se, but is behavior that may subject you to a higher risk or liability of arrest. The key here is that the MMMA is not calling this behavior unlawful. The Level 2 and 3 behavior however is behavior which may not without equivocation protect you from arrest, prosecution, or any penalty, although the MMMA believes it should. Those seeking information and guidance from our site need to know that your protections do not include immunity from arrest. Instead your protections will come via the affirmative defense set out in section 8 of the Act. For those that are not aware, the Act is set up with 2 different levels of protection. There is a section 4 protection which is immunity from arrest prosecution or any penalty. Immunity means that after interacting with LEO, you are released without incident, no arrest takes place, medicine, money, and property is not confiscated. You are not handed an "intent to forfeit" document that requires you to post bond for your property. Immunity means you go home; you kiss your significant other on the lips when you get home and you thank the stars above that you are sleeping in your own bed instead of the concrete floor of the local county jail. Then there is a section 8 protection, which is an affirmative defense. These protections are as real and as important as the protections of section 4, but they occur in a completely different environment that is important to distinguish. The section 8 affirmative defense will take place in Court, before a Judge at an evidentiary hearing (first). This game will start with you waking up from the concrete floor of the county jail. It will include eating bologna sandwiches for breakfast, the mustard jar will have something that looks like an infection growing on of the top. It will have been at least 24 hours since you spoke to your family (72 hours is the maximum), and the return to your normal life will not yet begin until you post bond, get your car out of the lot, which will cost you at least $1000. Then you will have approximately 15 days to post bond on the forfeiture case. This amount is usually 10% of the total value of the property seized. Consider the forfeiture matter a second case, one that will put the burden on you to establish that the items sought to be forfeited were acquired through lawfully earned funds. Lawfully earned funds could be a definition that is in controversy in your forfeiture case. After the arraignment in your criminal case, usually done by video while you remain in the jail cell, you will be on bond. The conditions will likely include no use of medical cannabis while on bond. You will have to hire an attorney or rely upon the experience of the local court appointed attorney's knowledge of the MMMA. After many months of your case pending and when you find yourself at your evidentiary hearing for your section 8 defense much ado will be made about your bona fide relationship with your certifying doctor. "Is my doctor willing to come to court?" is a good question to ask yourself when engaging in Level 2 and 3 behaviors. Remember if your doctor is not your treating physician, in some jurisdictions you may fail to establish the first prong of section 8. Although the MMMA believes this is wrong, this is how it has played out in many jurisdictions. Awareness of these distinctions is all that is being sought by the MMMA. The point here is that the different levels of protection between section 4 and section 8 are significant; with the most important factor being one protects you from arrest (Section 4) while the other (Section 8) protects you from conviction in court. The previous policy and guidance provided on the forums for our members has merely embraced a policy to avoid arrest, or Level 1 risk behavior. Moving forward the key factor that will and should be expressed will be to point out and make known what behavior falls into the category that is a Level 1 risk that protects you from arrest, prosecution and any penalty versus what behavior is a Level 2 or 3 risk that offers its protections pursuant to section 8 in court. No one at the MMMA wants to be responsible for advising behavior that results in a patient or caregiver being arrested. Likewise no one at the MMMA believes patients or caregivers should be arrested. But we are living in a time when the Peoples' law has yet to be implemented as it was intended. There remain many different interpretations throughout the state that are not consistent or absolutely clear, to the extent that all LEO would agree. For example see the twisted interpretation of Court of Appeals cases from the "Legal Updates at the Michigan State Police," website regarding medical marihuana.** Please note that the MMMA disagrees with these interpretations, but would be acting neglectful if we did not point out these simple facts for our community. We are not taking responsibility for how LEO currently thinks, we disagree with it and have been and will continue to try to change how they think. In the meantime, we are simply reporting it for the benefit and protection of the medical cannabis community. ** http://www.michigan.gov/documents/msp/MSP_Legal_Update_No._99_390580_7.pdf http://www.michigan.gov/documents/msp/MSP_Legal_Update_No._96_382986_7.pdf http://www.michigan.gov/documents/msp/MSP_Legal_Update_No._91_370314_7.pdf http://www.michigan.gov/documents/msp/MSP_Legal_Update_No._89_362839_7.pdf http://www.michigan.gov/documents/msp/MSP_Legal_Update_No._78_276204_7.pdf http://www.michigan.gov/documents/msp/MSP_Legal_Update_No._69_259822_7.pdf Soon a day will come when we can all laugh about this but in the interim our community and those that post on the MMMA forums and our membership needs to be made aware and be informed. More importantly they need to act with knowledge, caution, and understanding the various levels of risk associated with the behavior they choose to engage in. With that being said what once was called the unambiguous compliance policy, or behavior that would conform to those principals has been morphed into what will now be described as Level 1 risk behavior. Strict compliance with section 4 of the act is what will be advised to all who care to listen, as the type of behavior that has the lowest degree of risk of arrest. Everything else is Level 2 or 3 risk. That is to say if an encounter with law enforcement occurs the level of risk of being arrested, and being forced to defend yourself in court is higher. Is Level 2 and 3 risk behavior lawful? I personally think so, but who cares what I think. The analysis here is what we know of how LEO sees it collectively throughout the state. It may not be that way in your jurisdiction and it may be that way for a very good reason, but until all LEO acknowledge it as so, that behavior is just simply of higher risk. Please notice that nowhere in any of this analysis is the word unlawful or illegal used we are simply pointing out that there may be a higher risk of a negative outcome. So please understand, that no one at the MMMA wants to impede the success of the medical cannabis community growing and thriving, we just want those that care to listen to understand the difference of how the Act is being interpreted by LEO,the courts, and the impact it is having on patients and caregivers. Knowledge of these distinctions will make for a better understanding of how the lines have been drawn temporarily by the courts and law enforcement, and give our community proper notice of the risks that they may be taking when engaging in the medical use of cannabis. In closing I hope this helps clear up some of the confusion created earlier, and we all look forward to your input and an educated discussion which evolves this community. Thank you for your support and understanding. Michael Komorn President of the MMMA
  14. My thoughts on the recent charges against a medical marijuana-recommending doctor in Michigan, featured on the The Huffington Post Detroit's page. http://www.huffingto..._b_1914157.html Recently, the Michigan Attorney General's office filed a formal complaint with the Licensing and Regulation Division (LARA), alleging that a physician failed to require patients to produce medical records and "failed to maintain those records," prior to and after recommending patients for medical marijuana. The first question raised is, will the Attorney General's investigation extend to all doctors, or is this only an issue because it involves medical marijuana? Through the four-year history of the Michigan Medical Marihuana Act (MMMA), the physician certification process has been a hot topic, with opponents of the Act routinely criticizing this aspect of the law. To some, these doctors are helping patients find relief through medical marijuana in light of professional risk, complaints and potential criminal investigations. Opponents, however, maintain that obtaining one's medical marijuana card is too easy, citing that as of one year ago, more than 90 percent of the state's 64,000 patients were using medical marijuana to treat severe pain, muscle spasms or nausea. A year later, the state has more than 130,000 registered medical marijuana patients. One fact often overlooked is that LARA has an entire page on its website devoted to pain management, and nearly 30 percent of Michigan's residents have sought treatment for an acute pain condition in the past year. The current legislative process and proposed bills being discussed in Michigan's House and Senate are opening a potentially dangerous debate, not trusting physicians to make the right decision and injecting politics into our right to privacy in healthcare. No other prescription or diagnosis is as scrutinized as a medical marijuana recommendation, despite doctors being tasked with control, regulation and administering thousands of other substances throughout their careers. If Michigan policymakers truly want to protect the medical marijuana community and ensure safe access to medicine, they need to focus on amending the Public Health Code, not the MMMA or attacking those recommending the medicine. Doing so would first allow and recognize the use of medical marijuana and protect recommending physicians, preventing physicians from shying away from medical marijuana for fear of prosecution. The issue of medical marijuana is a public health issue, not a public safety issue. In order for the MMMA to truly work as intended, and to give the voters of Michigan what they approved, the state needs to trust and rely on board-certified physicians, not politicians, to make proper decisions about the use and recommendation of medical marijuana. Michael A. Komorn Attorney and Counselor Law Office of Michael A. Komorn 3000 Town Center, Suite, 1800 Southfield, MI 48075 800-656-3557 (Toll Free) 248-351-2200 (Office) 248-357-2550 (Phone) 248-351-2211 (Fax) Email: michael@komornlaw.com Website: www.komornlaw.com Check out our Radio show: http://www.blogtalkr...lanetgreentrees CALL IN NUMBER: (347) 326-9626 Live Every Thursday 8-10:00p.m. PLANET GREENTREES w/ Attorney Michael Komorn The most relevant radio talk show for the Michigan Medical Marijuana Community. PERIOD.
  15. Author presents 150 beneficial and healthful uses of marijuana http://www.digitaljo...l.com/pr/896120 VANCOUVER, B.C. (PRWEB) September 22, 2012 “Living happier, healthier and longer lives are ultimate rewards with consuming natural marijuana plant components,” explains Joseph W. Jacob. It is with this sentiment he pens his new book “Medical Uses of Marijuana” (published by Trafford Publishing). Jacob describes more than 150 beneficial and healthful uses of marijuana plants, from the dawn of recorded history until today. “Conversely, drinking alcohol produces more than 150 destructive medical harms to human bodies,” he observes. “It’s not democratically fair to encourage harmful food products for people to consume, while legally prohibiting the public from consuming a healthful and nutritional product.” Thoroughly researched and documented, “Medical Uses of Marijuana” also discusses discriminatory government laws allowing public ingestion of alcohol, while prohibiting helpful uses of marihuana, and the process by which marijuana uses became illegal due to taxation laws. “Medical Uses of Marijuana” seeks to provide the truth about the loss of beneficial public uses of what Jacob describes is a natural and helpful plant. About the Author Joseph W. Jacob attended Simon Fraser University in Burnaby, British Columbia, double-majoring in Economics and Commerce. Afterwards, he graduated from the University of Victoria, a sister school of the Harvard School of Public Administration, earning a Master’s Degree in Public Administration. After graduation, Jacob worked as an analyst, researcher and ergonomic specialist with the British Columbia Ministry of Provincial Secretary and Government Services for 15 years. This is his third book. Trafford Publishing, an Author Solutions, Inc. author services imprint, was the first publisher in the world to offer an “on-demand publishing service,” and has led the independent publishing revolution since its establishment in 1995. Trafford was also one of the earliest publishers to utilize the Internet for selling books. More than 10,000 authors from over 120 countries have utilized Trafford’s experience for self publishing their books. For more information about Trafford Publishing, or to publish your book today, call 1-888-232-4444 or visit trafford.com. ### Read the full story at http://www.prweb.com...rweb9928892.htm Read more: http://www.digitaljo...0#ixzz27C4I1r5x Michael A. Komorn Attorney and Counselor Law Office of Michael A. Komorn 3000 Town Center, Suite, 1800 Southfield, MI 48075 800-656-3557 (Toll Free) 248-351-2200 (Office) 248-357-2550 (Phone) 248-351-2211 (Fax) Email: michael@komornlaw.com Website: www.komornlaw.com Check out our Radio show: http://www.blogtalkr...lanetgreentrees CALL IN NUMBER: (347) 326-9626 Live Every Thursday 8-10:00p.m. PLANET GREENTREES w/ Attorney Michael Komorn The most relevant radio talk show for the Michigan Medical Marijuana Community. PERIOD.
  16. Findings inspire medical pot researcher Victoria Colliver Published 5:27 p.m., Tuesday, September 18, 2012 http://www.sfgate.com/health/article/Findings-inspire-medical-pot-researcher-3875582.php The therapeutic uses of cannabis have long been a focus of research for Dr. Donald Abrams, UCSF professor and chief of the hematology-oncology division at San Francisco General Hospital. Abrams wrote a study last year on the combination of cannabinoids - the main ingredient in cannabis or medical marijuana - and pain drugs. Abrams talks about the preclinical work by the California Pacific Medical Center Research Institute and other research on cancer and cannabis, 16 years after California became the first state to legalize medical marijuana. Q: Is it difficult, due to stigma or the political climate, to do research on the therapeutic benefits of cannabis? A: The only way you can get cannabis to do research in this county is through the National Institute on Drug Abuse, or NIDA, and it's clear the congressional mandate is to study the substance for abuse rather than for treatment. It started in 1997 in HIV research when we studied whether it was safe to inhale cannabis while on protease inhibitors. The next study was through the UC Center for Medicinal Cannabis Research in 1999, when the state budget surplus allowed the state to devote $3 million for three years of studies to demonstrate whether cannabis had medical use. The funding enabled a number of studies and NIDA supplied the cannabis, but that money ran out. If this plant were discovered in the Amazon today, scientists would be falling all over each other to be the first to bring it to market. But it has a stigma, and it's being attacked by our government as part of the war on drugs. Q: What kind of research are you doing now? A: We did a study in patients with HIV who had damage to their nerves. We showed inhaling cannabis was better than inhaling a cannabis placebo for relieving those symptoms and that vaporization of cannabis was equivalent to smoking. The last study we did, which was again funded by NIDA, was looking to see if it was safe to combine cannabis with opiates - sustained-release morphine and sustained-release oxycodone. It was a small study ... but we did note patients had increased relief of pain when cannabinoids were added to the opiates. Q: What do you think of the research being done on triple-negative breast cancer cells at the California Pacific Medical Center Research Institute? A: The data is promising and it's elegant, but the true test is now really going to be to do some clinical trials in the patient population that (the researchers) think is correct to study at this time, which is patients with triple negative breast cancer. But at this time I would not tell my triple-negative patients to go out and look at taking high cannabidiol-containing cannabis products. We need to do the research. What happens in the test tube or even in animal models does not necessarily predict what happens in people. People are much more complex. Q: What do you think about the University of Southern California study released last week that found a link between the recreational use of marijuana among young men and testicular cancer? A: Young men use cannabis and get cancer. If they looked at video games and riding bicycles, that might also be associated. Is there an epidemic of testicular cancer in Jamaica where Rastafarians use cannabis religiously? I think that's all a trick of numbers, personally. Michael A. Komorn Attorney and Counselor Law Office of Michael A. Komorn 3000 Town Center, Suite, 1800 Southfield, MI 48075 800-656-3557 (Toll Free) 248-351-2200 (Office) 248-357-2550 (Phone) 248-351-2211 (Fax) Email: michael@komornlaw.com Website: www.komornlaw.com Check out our Radio show: http://www.blogtalkradio.com/planetgreentrees CALL IN NUMBER: (347) 326-9626 Live Every Thursday 8-10:00p.m. PLANET GREENTREES w/ Attorney Michael Komorn The most relevant radio talk show for the Michigan Medical Marijuana Community. PERIOD.
  17. Michael Komorn

    A Pioneer Speaks Out

    A pioneer speaks out http://metrotimes.com/mmj/a-pioneer-speaks-out-1.1374920 Irvin Rosenfeld signs copies of his book with one of his U.S. cannabis supply cans nearby. By Larry Gabriel PUBLISHED: SEPTEMBER 19, 2012 Irvin Rosenfeld is one of the four surviving federal medical marijuana patients. There were once 13 of them, and Rosenfeld has been receiving his allotment longer than any of the other survivors. He gets a canister with about 300 rolled marijuana cigarettes from the government every 25 days. Instructions printed on the can instruct the patient to smoke 12 of them each day. Rosenfeld, who has a bone disease called multiple congenital cartilaginous exostosis, which causes tumors to grow on the long bones of his body, was in Michigan last week to lobby the state Legislature on pending bills that will affect medical cannabis patients and their access to their medicine. He also spoke at a Downriver Community Compassion Club (DCCC) meeting held at Donovan VFW Hall in Dearborn Heights and sold a few copies of his 2010 book, My Medicine: How I convinced the U.S. government to provide my marijuana and helped launch a national movement. It was a heck of a meeting for the 60 or so attendees, who also got to hear from Hiedi Handford, publisher of the Montana Connect (a medical cannabis publication), and Dan Solano, a former Detroit police officer and member of Law Enforcement Against Prohibition. Solano gave a status rundown on 11 pending bills in the state Legislature. Rosenfeld was clearly the star of the evening. He began with: "I'm going to thank each and every one of you for paying for my medicine." That's because the cannabis he receives for free from the government is paid for by our tax dollars. Rosenfeld was diagnosed with more than 200 bone tumors when he was 10 years old and was told that he probably would not live through his teen years. He suffered severe pain and pain-related insomnia, had several operations over time to remove tumors that got in the way of normal activities. After one operation to remove tumors from his leg he had to learn to walk again. He was prescribed drugs from alcohol and methaqualone (qualudes) to Demerol, valium and morphine. During high school, he became an anti-drug activist arguing against the use of marijuana and other recreational drugs. It was during his freshman year of college in 1971 that Rosenfeld gave in to peer pressure and tried marijuana. It didn't get him high — it still doesn't — but within a few weeks he realized after smoking that he'd been able to sit still for a half-hour while playing chess. Normally after about 10 minutes the tension in his legs forced him to get up and move around. He also realized that he hadn't taken a pill in six hours — a long time for him in those days. Rosenfeld began researching marijuana and found out that it had once been used in tincture form to treat muscle tension, inflammation and pain. Well, one thing led to the next and soon Rosenfeld was puffing away on a daily basis and watching his health improve while taking fewer of the pills he had been prescribed. He stopped smoking to see what would happen. His health declined. He went back to smoking and got better. "It was now very clear to me that cannabis was a great medicine and that I had to have it," he wrote in My Medicine. Rosenfeld became an activist and many of his activities are chronicled in his book, including his 10-year bureaucratic and legal battle for government-issued marijuana. But his appearance at the DCCC meeting was more about what's happening now. He specifically criticized Senate Bill 977, sponsored by Sen. Rick Jones (R-Grand Ledge), which would take glaucoma off the registry as a medical marijuana qualifying disorder. Studies have shown that cannabis use decreases intraocular pressure in glaucoma patients. It should be used in combination with prescribed eye drops to make the medication more effective. However some medical marijuana patients stopped using their prescribed medication, which can lead to problems. Several times during the meeting, speakers exhorted attendees to lobby their representatives, and there was contact information available at the meeting for anybody interested in doing so. "Every phone call you make counts 20 times," Rosenfeld says. "That's how seriously legislators take those calls." SB17 would prevent the formation of medicinal marijuana clubs and SB377 would make MMMA registry information available to law enforcement officers. There are more but I'm not going to detail them all in this column. They were supposed to come up for a vote on Sept. 11 but didn't. "At this time Jones doesn't have the votes," says Solano, who opined that activists need to stay in contact with their representatives on these issues in order to keep Jones from lining up enough votes to pass these bills. Most folks watching the machinations of government and marijuana believe that reclassifying marijuana from the prohibitive Schedule 1 to Schedule 2 or 3 is on its way, and that pharmaceutical companies have cannabis-based drugs in the pipeline to take advantage of that change. Rosenfeld said he'd rather see total cannabis declassification, which would take it out of the hands of government and big pharma entirely. Although his focus is on medical marijuana, he supports the folks who got the question of legalizing possession of 1 ounce or less by adults on private property in Detroit onto the fall ballot. "I'm all about getting medicine into the hands of patients," says Rosenfeld. "That would definitely get medicine into the hands of patients." Handford, who works with a number of medical cannabis organizations across the country, also spent a couple of days lobbying in Lansing. "Sen. Jones is not our friend," she says. "When you walk into legislative offices to lobby you cannot be emotional. When you get in there get straight to it and to the point. Don't ever give up." She also told patients and caregivers that they should experiment with all parts of the plant — leaves, stems and roots. "Grind them up, extract them; let's have zero waste in this industry." I was impressed with the DCCC and how much business they seemed to get done at the meeting. They leave the growing classes to others and focus on protecting their rights. The club just received its federal 501©(3) nonprofit status, which made the $300 winning auction bid for one of Rosenfeld's supply cans tax deductible. The club took care of business, got all their speakers up (there were no problems with the sound system), ran an auction and a raffle, took questions from the audience, and called for lobbying action from the membership. If all clubs ran with such judicious dispatch the political end of the medical marijuana movement would be in very good care. I was also impressed with Rosenfeld, who left us with these words of wisdom: "I always want to push the envelope as far as you can. But don't push it until you get arrested. If you go to jail your family goes on welfare and that's not good for anybody. As far as I'm concerned, cannabis is the fountain of youth." Maybe it is. One guy in the crowd announced that he'd been smoking cannabis since 1948. He didn't look that old.
  18. Raines: Sheriffs critical to state rights “The county sheriff as the last line of defense against an overreaching federal government” “An effective way to protect that sovereignty, he said, is the Second Amendment. You can’t do that if you’re disarmed by a government that should be protecting your rights — not taking them away,” said Mack, who is the author of “The County Sheriff: America’s Last Hope.” http://www.lansingst..._source=message Raines: Sheriffs critical to state rights Officer says right to bear arms in jeopardy CHARLOTTE — Eaton County Sheriff Mike Raines is part of a burgeoning nationwide movement that sees the county sheriff as the last line of defense against an overreaching federal government. The sheriff has the power to stand in the way and can help restore the U.S. Constitution as the “supreme law of the land,” supporters of the movement say. At least 160 sheriffs from around the country are believed to be supporters. Raines said it would be his duty to turn away a federal agent from the county — including an Internal Revenue Service auditor — if the agency was “overstepping (its) bounds.” “A lot of people think they’re losing their rights,” Raines said in a recent interview. “If we can get back those rights, one county at a time, it would be better for all the people in the U.S.” Raines was among nearly 100 sheriffs from across the country who earlier this year attended the Constitutional Sheriffs and Peace Officers Association’s first-ever convention in Las Vegas. A second convention, also in Las Vegas, is scheduled to begin today. Raines said he is not able to go. Organizers expect about 75 sheriffs who weren’t at the first convention to attend. There are more than 3,000 sheriffs in the U.S. One particular right Raines and other “constitutional sheriffs” focus on is the right to bear arms. They believe it’s in jeopardy. Read more: Primary Michigan statutes governing the office of sheriff “Get on the news, and you’ll find there’s always been a threat to take Second Amendment rights away,” Raines said. “There’s always been a threat out there.” He wasn’t specific, but said he’s heard about legislation that would take away Second Amendment rights. The constitutional sheriffs association’s founder, Richard Mack, was sheriff in Graham County, Ariz., more than a decade ago. He now writes books and travels the country, talking about his belief that an “out-of-control” federal government has left the country on the brink of destruction. Mack worries about federal agents going door-to-door, confiscating guns. He says farmers who produce raw milk have faced federal charges. — He calls the Environmental Protection Agency “the number-one job killer” because of its regulatory power. State sovereignty Mack, who believes a sheriff’s authority is so great that he or she doesn’t have to obey the president, said state sovereignty is the movement’s main focus. An effective way to protect that sovereignty, he said, is the Second Amendment. “You can’t do that if you’re disarmed by a government that should be protecting your rights — not taking them away,” said Mack, who is the author of “The County Sheriff: America’s Last Hope.” He added: “Who’s going to enforce state sovereignty? Not the federal government. It has to be local officials, who have the courage to stand against the incursions of the federal government.” Mack said the movement is not subversive, and it’s not a violent protest. In fact, he said, having constitutional sheriffs is “a way to make sure it doesn’t get violent.” Raines, who is running for a third term this November against retired Ingham County sheriff’s Detective Lt. Tom Reich, is one of two sheriffs in Michigan known to be a part of the movement. The other is Barry County Sheriff Dar Leaf. Leaf, who like Raines is a Republican, will attend this week’s convention in Las Vegas. He also went to the first. One of his goals, Leaf said, is to continue learning about what a sheriff’s duty and authority is. “If you don’t use the authority that is granted to you,” he said, “you are, in a sense, taking it away from the public.” This week’s convention, which begins today and ends Tuesday, features presentations on state sovereignty, the Bill of Rights as well a keynote speech by Maricopa County, Ariz., Sheriff Joe Arpaio. Arpaio gained notoriety for his practice of housing some county jail inmates in an outdoor “tent city” in the desert. He also conducted an investigation into President Barack Obama’s Hawaiian birth certificate, announcing this year that he’d determined it was fraudulent. Mack said he admires Arpaio for being a strong sheriff. 'Guardians' group A few years ago, Raines formed a citizens group, called the Guardians of the Constitution, made up mostly of citizens who hold licenses to carry concealed pistols. Raines called the group, which he said now has about 275 members, a “self-sustaining, non-law-enforcement, citizens group.” They meet monthly to discuss a range of issues, including concerns about the constitutionality of various legislation. They can help legislators make good decisions, Raines said, and pass “good, viable laws.” Many are concealed pistol license holders, he acknowledged. The fact that they have the gun licenses, Raines said, means they have been vetted by state and federal authorities and are eligible to serve in one of his agency’s volunteer deputy groups, such as the all-terrain vehicle or horse-riding divisions. The Guardians of the Constitution, he said, is like a clearinghouse for people who want to move into one of the volunteer deputy groups, which require volunteers to have concealed pistol permits. The group’s proposed mission statement, which is posted on the website for the sheriff’s office, says, in part: “We believe Sheriff Raines is an innovative and progressive sheriff with a heart for people and for the Constitution. ... A free society shall not be shackled by the bonds of tyranny, and shall have the right to keep and bear arms.” Raines said his main motivation is protecting all the rights of his constituents, particularly the first 10 amendments to the Constitution. “And if anybody is against that, they’re against protecting the rights of the individual,” he said, adding: “The citizens of the county and all across the country should be happy they have elected sheriffs, because they have the power to be a check and balance.” Michael A. Komorn Attorney and Counselor Law Office of Michael A. Komorn 3000 Town Center, Suite, 1800 Southfield, MI 48075 800-656-3557 (Toll Free) 248-351-2200 (Office) 248-357-2550 (Phone) 248-351-2211 (Fax) Email: michael@komornlaw.com Website: www.komornlaw.com Check out our Radio show: http://www.blogtalkr...lanetgreentrees CALL IN NUMBER: (347) 326-9626 Live Every Thursday 8-10:00p.m. PLANET GREENTREES w/ Attorney Michael Komorn The most relevant radio talk show for the Michigan Medical Marijuana Community. PERIOD.
  19. Time to DEBUNK - Commentary: Medical Marijuana – Time for Parents to Step In Everything about this commentary is slanted and one sided toward the atypical uninformed law enforcement point of view. Obviously expressing the worst side of medical cannabis, possible isolated incidents or exaggerated situations. I posted this in an effort to debunk the commentary, and utilize the insight of this community to respond to this rhetoric. Please help by adding your comments, research and input to this thread with the ultimate goal of responding to the propaganda offered from this commentary. The challenge here is to address the premise of the concerns raised: "THE CHILDREN"- if you look back over the last 4 years, the opponents seem to pull this out in every debate or discussion. Well this needs to be addressed and debunked To allow this kind of rhetoric to go unanswered leaves Parents who are caregivers or patients, or who support medical cannabis in a vulnerable situation. For those interested in assisting, let us use this thread to debunk the rhetoric and paint a picture more accurate, honest and one that really addresses the issue. Here are a few topics to start with. 1. cities that have medical cannabis laws have consistently reported a drop in crimes. Stats needed... 2. The article addresses cannabis use among children, but fails to mention the prescription drug problem which statistics show is a much more widely abused drug, much more dangerous and on the rise amongst children and teens. (For example: 7 overdoses resulting in death for prescription drugs in livingston county high school this past year). ( stats needed ) Thank you in advance for any effort you can offer. http://www.drugfree.org/join-together/drugs/commentary-medical-marijuana-time-for-parents-to-step-in By TRI Ken Winters PhD and Amelia Arria PhD | September 11, 2012 | 1 Comment | Filed in Drugs, Legislation & Parenting To paraphrase a former First Lady, “What goes on in the White House is never as important as what goes on in your house.” As the evidence mounts of the negative effects of medical marijuana laws in various states, it’s even more important for parents to recognize that marijuana needs to be on their parenting radar screen. A Colorado study shows some of these impacts, where nearly 74 percent of a sample of teenagers receiving addiction treatment in that state told researchers they used medical marijuana that was recommended for someone else. This news should be of no surprise because increased availability of marijuana is highly associated with increased use. Studies have shown that marijuana is not a safe, benign drug. It’s a highly addictive drug. When smoked it contributes to pulmonary damage. It significantly impairs judgment, and is associated with poor performance in school. Its use has also been linked to contributions to impairment on important measures of life achievement, including physical and mental health, cognitive abilities, social life and career status. Marijuana is a drug that’s widely used by teens and young adults. Among teens aged 12 to 17, according to the Substance Abuse and Mental Health Services Administration, after several years of declines, current marijuana use increased in 2009 and again in 2010, to 7.4 percent of the population. Among young adults aged 18 to 25, almost 30 percent used marijuana in the past year, with almost 6.3 million young adult users in the past month. Marijuana use is now more prevalent among teens than cigarette smoking. Marijuana smoke contains 50-70 percent more carcinogenic hydrocarbons than tobacco smoke. Moreover, the typical weed available to adolescents these days is so much more potent compared to the marijuana used by prior generations. This increased potency is particularly concerning in light of recent scientific findings that marijuana use deleteriously affects brain development, particularly in areas related to mood, reward, and learning. Medical marijuana laws have made parents’ jobs tougher, no doubt about it. Although the provisions of the statutes differ, as of early July medical marijuana statutes had been signed into law in 17 states and the District of Columbia. Parents are a mighty lobbying force – at the local, state and national levels – particularly when they act in groups. We are not suggesting that parents shouldn’t try to influence government at any one of these levels. But because governments move slowly and not always in everyone’s best interests, parents can (and should) influence what goes on in their households. Science will continue to inform the public and seek solutions. But as the constant in a child’s life – with protective instincts that can be brought out by science but not replaced – it’s the parents who are the first lines of defense for their children. Ken C. Winters, PhD & Amelia Arria, PhD Dr. Winters is the Associate Director, Dr. Arria the Scientific Director, of the Parents Translational Research Center (PTRC) of the Philadelphia-based Treatment Research Institute. The PTRC is a NIDA-funded Center dedicated to developing practical, science-based tools for parents and other caregivers faced with challenges related to adolescent substance abuse.
  20. Study: Non-Psychotropic Cannabinoid “Proven To Be Safe” In Humans http://blog.norml.org/2012/09/05/study-non-psychotropic-cannabinoid-proven-to-be-safe-in-humans/ Study: Non-Psychotropic Cannabinoid “Proven To Be Safe” In Humans by Paul Armentano, NORML Deputy Director September 5, 2012 http://blog.norml.org/2012/09/05/study-non-psychotropic-cannabinoid-proven-to-be-safe-in-humans/ The oral administration of the non-psychotropic cannabis plant constituent cannabidiol (CBD) is safe and well tolerated in humans, according to clinical trial data published online by the journal Current Pharmaceutical Design. Investigators at Kings College in London assessed the physiological and behavioral effects of CBD and THC versus placebo in 16 healthy volunteers in a randomized, double-blind, crossover trial. Investigators reported that the oral administration of 10 mg of THC was associated with various physiological and behavioral effects – such as increased heart rate and sedation – whereas the oral administration of 600 mg of CBD was not. They concluded, “There were no differences between CBD and placebo on any symptomatic, physiological variable. … In healthy volunteers, THC has marked acute behavioral and physiological effects, whereas CBD has proven to be safe and well tolerated.” A previous review of the use of CBD in human subjects, published in the scientific journal Current Drug Safety last year, similarly concluded that the compound was safe, non-toxic, and well tolerated. Separate investigations of CBD have documented the cannabinoid to possess a variety of therapeutic properties, including anti-inflammatory, anti-diabetic, anti-epileptic, anti-cancer, and bone-stimulating properties. In recent years, patients in states that allow for the use of cannabis therapy, particularly California, have expressed an interest in plant strains that contain uniquely high percentages of the compound. Cannabidiol, because it is an organic component of cannabis, is presently classified under federal law as a schedule I prohibited substance. Such substances are required by law to possess “a high potential for abuse,” “a lack of accepted safety … under medical supervision,” and “no currently accepted medical use in treatment in the United States.” Full text of the study, “Acute effects of a single, oral dose of d9-tetrahydrocannabinol (THC) and cannabidiol (CBD) administration in healthy volunteers” appears online in Current Pharmaceutical Design.
  21. Cancer Patient In Colorado Found Not Guilty On All Marijuana Charges Jul 02, 2012 A Leukemia patient in Colorado charged with the cultivation and distribution of marijuana has won an important court victory, not only for him, but for patients all over the state. Bob Crouse was found not guilty of all charges by a jury of his peers on Friday. The folks at the Cannabis Therapy Institute sent out an email alert this weekend, and it provides us with some background on the case. Crouse had been charged by El Paso County District Attorney Dan May of felony cultivation and distribution of marijuana. Crouse had been treating his leukemia with a preparation of cannabis called “Phoenix Tears”, developed by Canadian cancer patient Rick Simpson. http://phoenixtears.ca/ Blood tests showed that in the months when Crouse has been able to obtain and ingest a consistent supply of Phoenix Tears, his leukemia cell count has decreased by HALF since his original diagnosis in 2007. http://coconnect.me/...d-his-leukemia/ Crouse’s treatment required him to cultivate up to 75 plants at a time. At his trial, his physician testified that this was a reasonable number of plants for Bob to use to produce his treatment. The Colorado Constitution states that medical marijuana patients can have as much marijuana as medically necessary and that it is up to the patient to decide what that amount is. How heartless do you have to be to charge someone who is trying to save their own life with cannabis with a crime? If they had measurements for that type of thing, Dan May would be off the “heartless” charts. Are there no other pressing criminal issues in El Paso County, CO for Mr. May to deal with? Has crime ceased to exist in that county, so Mr. May is free to prosecute Leukemia patients for growing marijuana that is allowed under state law? Is it that hard just to leave sick people alone to choose what is best for themselves? http://the420times.c...ijuana-charges/ Trix
  22. Chicago Cops Unveil Biggest Marijuana Bust In 20 Years Chicago police unveiled the biggest marijuana bust in the city in 20 years the day after the City Council approved marijuana decriminalization for 15 grams or less. Citing safety reasons for officers involved in the investigation, police say they had to wait to announce the bust until today. “We’re talking about an ongoing investigation that it was not appropriate for us to do this two days ago,” [Police Supt. Garry] McCarthy said at a West Side press conference, surrounded by dozens of green plastic bales filled with dope. “We had agents and police on the street and there’s no way Garry and I were going to put them at risk,” added Jack Riley, special agent in charge of the Chicago office of the federal Drug Enforcement Administration. On Tuesday some eight tons of marijuana was found near a Chicago warehouse. Authorities say it was a shipment from Mexico via Texas. McCarthy went on to describe illegal drug sales as the “the lifeblood of gangs that are involved in violence day in and day out.” Which is 100% true. But for every eight tons confiscated, an untold amount of tons hit the streets, filling the pockets of violent people with cash. Cops can smile next to bales of weed for the cameras, but they are not reducing drug use and are making criminals rich. http://the420times.c...st-in-20-years/ Trix
  23. Lets hear you input on the subject, this could very well help guide new patients form a conclusion on what the majority of the community looks for when they use marijuana for the first time! Whats more important, Beauty or aroma and flavor, how about the potency of the medication where does that fall in the mix? Buzz length, type, strain, anything of the sort. Lets hear your thoughts, Would you rather have a really ugly bud with great smell and taste…. Or a beautiful flower covered in glistening trich's that smells and tastes like dog poo? Opinion question. What more important? Beauty or aroma and flavor? Me personaly I love a beautiful looking bud, something that everyone wants to get a glance at when I open my bag.. BUT......I always seems to steer towards a strain that has that 'Taste' that you just can't describe w/o tasting it yourself.. As for Buzz Lengh It is a big part of which Meds I choose to use and when I use that strain, I don't always prefer that gorgeous bud that smells awesome but puts me in a couch lock state for hours and hours. Thats not always a positive for myself.. I choose TASTE! What about you guys what are your thoughts on this subject, buzz, beauty, taste, smell? Trix
  24. Veterans of the Marijuana War As part of an ongoing project to erect a national Marijuana War Memorial, we're seeking Veterans of the Marijuana War - whether well known or unknown - willing to share their own personal stories of serving on the front lines as growers, smugglers, dealers, activists, convicts, lawyers, politicians, smokers or medical patients. If you have a story that you would like to share with us, please send it to vmw@hightimes.com Also The MMMA would love to hear your story as well, Get in contact with a staff member on how we can get your story out to the public. Trix
  25. The World Marches For Marijuana (and More) Global Marijuana Movement CANNABIS CULTURE - Watch Cannabis Culture News LIVE for the latest news and views on pot politics and the marijuana community. In this episode: We talk Global Marijuana March 2012 and a pivotal medical marijuana court case with Cannabis Champ Matt Mernagh. Find out more about the 2012 Global Marijuana March in 167 cities around the world. Find out more about the case that could bring down Canada's marijuana laws. Click here to watch MORE EPISODES of CCN LIVE. On the show: GLOBAL MARIJUANA MARCH 2012 Pot TV Video: The 2012 Global Marijuana March in Toronto http://www.cannabisculture.com/v2/node/30803 Toronto Trip: The Global Marijuana March, Vapor Central, and the Mernagh Case http://www.cannabisculture.com/v2/node/30815 Toronto Marches On After Freedom Festival Cancelled http://www.cannabisculture.com/v2/content/2012/05/02/Toronto-Marches-Aft... Mainstream Media Coverage of the 2012 Global Marijuana March http://www.cannabisculture.com/v2/content/2012/05/08/Mainstream-Media-Co... The 2012 Global Marijuana March in Vancouver on Video http://www.cannabisculture.com/v2/node/30783 Toronto Global Marijuana March 2012 Video by Opus http://www.cannabisculture.com/v2/node/30784 Global Marijuana March 2012: Worldwide Protests For Pot Legalization http://www.cannabisculture.com/v2/content/2012/05/01/Global-Marijuana-Ma... MATT MERNAGH Ontario Court of Appeal Concludes Hearings on Striking Down Canada's Pot Laws http://www.cannabisculture.com/v2/content/2012/05/09/Ontario-Court-Appea... Cannabis Champion Heads Back To Court For Rematch Bout Over Medical Marijuana http://www.cannabisculture.com/v2/content/2012/05/04/Cannabis-Champion-H... Jeremiah Vandermeer is editor of Cannabis Culture. Follow him on Facebook andTwitter.
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