By Michael Komorn
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
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.
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.
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”.
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.
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!
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.
By Michael Komorn
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?
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
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Rare chance and a Real Opportunity to clear your name of a medical marijuana charge due to retroactive amendments to the MMMA.By Michael Komorn
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.
#Prosecutor and #Police #Confess they never understood the #MMMA but #arrested and #prosecuted anyway #PureMichigan
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 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
The frequency of migraine headache was decreased with medical marijuana use.
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.
Conclusions. Suicides among men aged 20 through 39 years fell after medical marijuana legalization compared with those in states that did not legalize.
Conclusions and Relevance Medical cannabis laws are associated with significantly lower state-level opioid overdose mortality rates."
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.
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.
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."
Komorn Law Pllc
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By Michael Komorn
The Michigan Medical Marijuana Association endorses Dana Nessel for Michigan Attorney General. View our Endorsement here. Civil asset forfeiture is a heavily abused police tool created in order to seize assets of drug kingpins. Unfortunately, the majority of civil asset forfeiture is property or cash seized under $1,000. Police aren't tackling drug kingpins and taking $1,000 at a time, they are taking $1,000 or less from regular people. A majority of the time, these people are never charged or convicted of any crime. Civil Asset Forfeiture needs to stop.
Dem candidates for AG on civil asset forfeiture
By LESTER GRAHAM • MAR 16, 2018 Stateside Dana Nessel (l) and Pat Miles (r) are vying for the Democratic party's nomination to be candidate for Michigan Attorney General. LESTER GRAHAM / MICHIGAN RADIO The Democrats running for state Attorney General represent two wings of the party.
Dana Nessel is a self-described progressive. Pat Miles is more centrist, but he’s shifted some of his positions on issues as he’s talked to Democrats across the state.
We asked each of the candidates about asset forfeiture.
Civil asset forfeiture allows law enforcement to seize property when police think it was bought with illegally gotten money such as drug money.
But, even if those people are not convicted or even charged with a crime, they have to fight in court to get their assets back.
“There were more than 500 people last year that lost assets to the state without even being charged with anything. They weren’t even alleged to have done something wrong,” said Jarrett Skorup with Mackinac Center for Public Policy. (Hear the complete Stateside interview with Skorup here.)
Groups as politically disparate as the Mackinac Center and the American Civil Liberties Union-Michigan have argued for legislation to restrict civil asset forfeiture.
“I’m also one of the few attorneys running for this office that has actually handled dozens of civil asset forfeiture cases,” Dana Nessel said.
There were more than 500 people last year that lost assets to the state without even being charged with anything. They weren't even alleged to have done something wrong. -Jarrett Skorup, Mackinac Center for Public Policy. She’s running for the Democratic nomination for Michigan Attorney General. She is best known as being instrumental in the case that legalized gay marriage nationally. She’s also been a prosecutor and a criminal defense attorney. She has strong feelings about civil asset forfeiture.
“I truly, honestly believe this to be a violation of due process," says Nessel. "What I see all the time is this: people who have never been convicted of a crime, people who have never even been charged with a crime and, you know, the police get a search warrant, they bust down somebody’s door and they take everything. They take all of their cash. They take all of their automobiles. If they have any money in a bank account, they freeze and seize that. (People) have to hire an attorney to basically prove those assets did not come about, did not come into their possession as a result of criminal distribution of narcotics."
She says if elected Attorney General, her office will not use civil asset forfeiture. But, if someone is found guilty in court…
“I don’t mind criminal asset forfeiture. When you have proven someone is guilty beyond a reasonable doubt, I think it’s absolutely fair game to go after property that was the result of the narcotics distribution or manufacturing,” Nessel explained.
Her opponent, Pat Miles, most recently worked as U.S. Attorney in Michigan’s Western District. Prior to that, he was a partner in a Grand Rapids law firm. He specialized in business and cable/telecommunications laws.
He agrees there are issues with civil asset forfeiture.
“I believe that really, there’s been abuses of asset forfeiture by the law enforcement agencies and that there have, there are instances, where we should be waiting until there’s been more evidence brought and more of a conviction of when assets should be forfeited,” he stated.
But, then he added he thinks it’s an important tool for law enforcement.
Pat Miles: "There are instances where asset forfeiture is very appropriate, where people are using the proceeds from criminal conduct in terms of, and they should be, that’s what asset forfeiture is about. And so there are instances where it’s appropriate to use asset forfeiture."
Lester Graham: "Before or after conviction?"
PM: “Before conviction. There are instances where it’s appropriate.”
LG: "Can you give me an idea where that would be the case, where due process wouldn’t matter?"
PM: “Well, due process should always matter, and, so, but there is the instance where assets are forfeited from proceeds of large scale drug trafficking, from proceeds of embezzlement and other types of cases like that.”
We went on to talk about other issues and at the end of the interview, like I often do, I asked if he had anything to add.
PM: “Well, we can go back to the asset forfeiture question if you want. I might have a better soundbite for you.”
LG: (laughs) "Okay. That’s fine with me. What do you want us to know about asset forfeiture?"
PM: “Well, I would say that on asset forfeiture, that we should make sure that there’s due process before people’s assets are taken and that in all cases that law enforcement is not allowed to unilaterally seize assets rather than freeze assets.”
LG: "That’s a little different from what you were saying before."
PM: “It is.”
LG: "This is your position?"
PM: “That’s my position.”
Just this month Miles shifted his position on legalization of recreational marijuana, an issue his opponent, Nessel has championed from the start of her campaign.
It will be up to the members of the Michigan Democratic Party Endorsement Convention to make sense of those shifts. They will meet on April 15th to endorse candidates.
TAGS: ATTORNEY GENERAL STATE ATTORNEY GENERAL ELECTION 2018
By Michael Komorn
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.
Marijuana and Medicine Assessing the Science Base 1999 report from the Institute of Medicine
Medical Cannabis in Arizona: Patient Characteristics, Perceptions, and Impressions of Medical Cannabis Legalization.
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
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.
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
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.
Medical Marijuana and Organ Transplantation: Drug of Abuse, or Medical Necessity?
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.
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
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
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)
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
DOWNLOAD ALL PETITIONS ONLY (34MB)
DOWNLOAD ALL PETITIONS AND SUPPORTING STUDIES HERE (1.7GB)