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Michael Komorn

Adding Qualifying Conditions to the Michigan Medical Marihuana Act

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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:

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

Quote

Movement disorders are a group of neurological conditions caused by abnormalities in
the basal ganglia and their subcortical connections through the thalamus with cortical
motor areas. The brain dysfunctions ultimately result in abnormal skeletal muscle
movements in the face, limbs, and trunk. The movement disorders most often considered
for marijuana or cannabinoid therapy are dystonia, Huntington's disease, Parkinson's
disease, and Tourette's syndrome. Movement disorders are often transiently exacerbated
by stress and activity and improved by factors that reduce stress. This is of particular
interest because for many people marijuana reduces anxiety. 

https://directorsblog.nih.gov/2014/04/10/anxiety-reduction-exploring-the-role-of-cannabinoid-receptors/ 

Quote

Relief of anxiety and stress is one of the most common reasons that people give for using marijuana


Medical Cannabis in Arizona: Patient Characteristics, Perceptions, and Impressions of Medical Cannabis Legalization.

Quote

367 medical marijuana patients in Arizona were surveyed. 
181 patients reported using medical marijuana to experience relief from Anxiety
164 patients reported using medical marijuana to experience relief from Stress.
General relief from Anxiety symptoms was 82.9% and 87.2% for Stress with medical marijuana, 
Relief by medical marijuana compared to other medications was 79.3% for Anxiety and 91.6% for Stress.
Less frequent use of other medications was 85.9% for Anxiety and 79.1% for Stress.

32 patients reported using medical marijuana to experience relief from Attention-deficit/hyperactivity disorder.
General relief from ADHD symptoms was 81.2% with medical marijuana.
Relief by medical marijuana compared to other medications was 65% for ADHD.
Less frequent use of other medications was 84% for ADHD

23 patients reported using medical marijuana to experience relief from Bipolar disorder.
General relief from Bipolar disorder symptoms was 60% with medical marijuana.
Relief by medical marijuana compared to other medications was 90% for Bipolar disorder.
Less frequent use of other medications was 56% for Bipolar Disorder.

106 patients reported using medical marijuana to experience relief from Depression.
General relief from Depression symptoms was 82% with medical marijuana.
Relief by medical marijuana compared to other medications was 86.9% for Depression.
Less frequent use of other medications was 65% for Depression.

17 patients reported using medical marijuana to experience relief from Obsessive Compulsive Disorder..
General relief from OCD symptoms was 64.7% with medical marijuana.
Relief by medical marijuana compared to other medications was 62% for OCD.
Less frequent use of other medications was 33.4% for OCD.

2 patients reported using medical marijuana to experience relief from Schizophrenia.
General relief from Schizophrenia symptoms was 100% with medical marijuana.
Relief by medical marijuana compared to other medications was 100% for Schizophrenia.

28 patients reported using medical marijuana to experience relief from Post Traumatic Stress Disorder.
General relief from PTSD symptoms was 67.9% with medical marijuana.
Relief by medical marijuana compared to other medications was 92% for PTSD.
Less frequent use of other medications was 44.4% for PTSD.

 

014.-arthritis.pdf
023.-Rheumatoid-Arthritis.pdf

 

Quote
  • Arkansas lists severe arthritis as a qualifying condition.
  • California lists arthritis as a qualifying condition.
  • Connecticut lists psoriatic arthritis as a qualifying condition.
  • Illinois lists rheumatoid arthritis and Lupus as qualifying conditions.
  • Hawaii lists rheumatoid arthritis and Lupus as qualifying conditions.
  • New Hampshire lists Lupus as a qualifying condition.
  • New Mexico lists inflammatory autoimmune-mediated arthritis as a qualifying condition.

 

Preliminary assessment of the efficacy, tolerability and safety of a cannabis-based medicine (Sativex) inthe treatment of pain caused by rheumatoid arthritis

Quote

Statistically significant improvements in pain on movement, pain at rest, quality of sleep, DAS28 and the SF-MPQ pain at present component were seen following CBM ( cannabis based medicine ) in comparison with placebo.

Transdermal cannabidiol reduces inflammation and pain-related behaviours in a rat model of arthritis

Quote

These data indicate that topical CBD application has therapeutic potential for relief of arthritis pain-related behaviours and inflammation without evident side-effects.


025.-brain-injury.pdf
030.-Treatment-of-spinal-cord-injury.pdf

Quote

Connecticut has “damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity” as a qualifying condition in its medical marijuana program.

Illinois lists “Post-Concussion Syndrome”, “Spinal cord disease (including but not limited to arachnoiditis)”, “Spinal cord injury with damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity” and Traumatic Brain Injury as qualifying conditions in its medical marijuana program.

New Hampshire lists “spinal cord injury or disease” and traumatic brain injury as qualifying conditions in its medical marijuana program.

Ohio lists chronic traumatic encephalopathy, “spinal cord disease or injury” and traumatic brain injury as qualifying conditions in its medical marijuana program.

Pennsylvania lists “damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity” as a qualifying condition for its medical marijuana program.

Washington lists Traumatic brain injury as a qualifying condition for its medical marijuana program.

West Virginia lists “Damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity.” as a qualifying condition for its medical marijuana program.

Oregon has added “a degenerative or pervasive neurological condition” to its medical marijuana program qualifying conditions. 


031.-asthma.pdf
 

Effects of smoked marijuana in experimentally induced asthma.

Quote

After experimental induction of acute bronchospasm in 8 subjects with clinically stable bronchial asthma, effects of 500 mg of smoked marijuana (2.0 per cent delta9-tetrahydrocannabinol) on specific airway conductance and thoracic gas volume were compared with those of 500 mg of smoked placebo marijuana (0.0 per cent delta9-tetrahydrocannabinol), 0.25 ml of aerosolized saline, and 0.25 ml of aerosolized isoproterenol (1,250 mug). After exercise-induced bronchospasm, placebo marijuana and saline were followed by gradual recovery during 30 to 60 min, whereas 2.0 per cent marijuana and isoproterenol caused an immediate reversal of exercise-induced asthma and hyperinflation.

Our present findings and those previously reported demonstrated acute airway dilatation after smoked marijuana.

Effects of cannabis on lung function: a population-based cohort study

Quote

Cumulative cannabis use was associated with higher forced vital capacity, total lung capacity, functional residual capacity and residual volume. Cannabis was also associated with higher airway resistance but not with forced expiratory volume in 1 s, forced expiratory ratio or transfer factor. These findings were similar among those who did not smoke tobacco

Newspaper ad from 1876 selling marijuana cigarettes for treating asthma.

asthma-cigarettes.jpg

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

Quote

PREPARATIONS NOTIFIED AS EXEMPTED FROM NARCOTIC CONTROL

5. Indian Cigarettes of Grimault (Dr. Ph. Chapelle) C.L.302.1930.III. Annex I.
Government: Siam
Ingredients:
Belladonna leaves - 0.962 gm
Cannabis indica extract - 0.0005 gm.
Nitrate of potash - 0.033 gm.

https://www.unodc.org/unodc/en/data-and-analysis/bulletin/bulletin_1962-01-01_4_page005.html

Quote

Preparations made from the extract and tincture which are capable only of external use, and a medicinal cigarette called "Indian Cigarettes of Grimault" (Dr. P. H. Chapelle) are exempted from control.

036.-diabetes.pdf
 

The Health Effects of Cannabis and Cannabinoids The Current State of Evidence and Recommendations for Research (2017)

Quote

Counterintuitively, the majority of the reviewed studies showed that cannabis was associated with a lower BMI or a lower prevalence of obesity, or both (Hayatbakhsh et al., 2010; Le Strat and Le Foll, 2011; Smit and Crespo, 2001; Warren et al., 2005), or to have no association with BMI or obesity (Rodondi et al., 2006).

The Impact of Marijuana Use on Glucose, Insulin, and Insulin Resistance among US Adults

Quote

In this large, cross-sectional study, we found that subjects who reported using marijuana in the past month had lower levels of fasting insulin and HOMA-IR, as well as smaller waist circumference and higher levels of HDL-C. These associations were attenuated among those who reported using marijuana at least once, but not in the past 30 days, suggesting that the impact of marijuana use on insulin and insulin resistance exists during periods of recent use.

In the present study, we demonstrate a significant association between current marijuana use and lower levels of fasting insulin and insulin resistance in multivariable adjusted analyses even after excluding participants with prevalent diabetes mellitus.

With the recent trends in legalization of marijuana in the United States, it is likely that physicians will increasingly encounter patients who use marijuana and should therefore be aware of the effects it can have on common disease processes, such as diabetes mellitus. We found that current marijuana use is associated with lower levels of fasting insulin, lower HOMA-IR, and smaller waist circumference.

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

Quote

Our findings suggest that patients with UC may also benefit from the use of medicinal marijuana although the 11 states that have legalized medical marijuana have only approved its use for only patients with CD. Lawmakers should consider adding this condition to the list of acceptable diseases that may be treated with medicinal marijuana.

Minnesota Medical Cannabis Program: Patient Experiences from the First Program Year by the MN Department of Health 2016.

Quote

Number of liquid/soft stools per day decreased by ≥30% for 51.2% of patients with at least five liquid/soft stools per day at baseline. Among patients who achieved ≥30% reduction, 57% (29.3% of patients included in analysis at baseline) retained that level of improvement over the next four months.

Severity of abdominal pain improved for 53.4% of patients with moderate or severe abdominal pain at baseline. Among patients who reported an improvement in abdominal pain, 36% (19.2% of patients included in analysis at baseline) retained that improvement over the next four months.

General well-being improved for 46.7% of patients who described their baseline well-being as “Very Poor” or “Terrible” at baseline. Among patients who reported an improvement in general well-being, 29% (13.3% of patients included in analysis at baseline) retained that improvement over the next four months.

On the combined Crohn’s activity measure (number of liquid/soft stools, abdominal pain, general well-being), 51.0% of Crohn’s Disease patients achieved ≥30% improvement. Among patients who achieved ≥30% reduction, 42% (21.6% of patients included in analysis at baseline) retained that level of improvement over the next four months. An increase of at least 3% in body weight was reported by 20.6% of patients. Among the patients who achieved ≥3% increase in body weight, 57% (11.8% of patients included in analysis at baseline) retained that increase over the next four months.

Cannabinoids and the Urinary Bladder

Quote

To date, a small number of open-label and placebo-controlled studies have demonstrated that oral administration of cannabinoids may alleviate OAB/DO symptoms as first line. Most of these studies have been carried out on patients with advanced multiple sclerosis using preparations containing Δ9 -THC and/or CBD. One such study using Sativex, showed a reduction in urgency, number of incontinence episodes, frequency and nocturia in patients with multiple sclerosis.

Cannabinoids and gastrointestinal motility: Animal and human studies

Quote

The plant Cannabis has been known for centuries to be beneficial in a variety of gastrointestinal diseases, including emesis, diarrhea, inflammatory bowel disease and intestinal pain.

Medical cannabis – the Canadian perspective

Quote

Case Report

The patient was prescribed 1 g per day of a cannabis strain containing 9% THC and 13% CBD to be administered by a vaporizer. At 60 days of follow-up, the patient’s pain was lowered to a weekly average of 3/10 on a numerical rating scale. The patient also indicated he did not see a need for pregabalin, and had begun the process of lowering his daily dose. Surprisingly, the patient also reported far fewer symptoms of his irritable bowel syndrome, claiming near-remission.

Impact of cannabis treatment on the quality of life, weight and clinical disease activity in inflammatory bowel disease patients: a pilot prospective study.

Quote

Thirteen patients were included. After 3 months' treatment, patients reported improvement in general health perception, social functioning, ability to work , physical pain  and depression. A schematic scale of health perception showed an improved score. Patients had a weight gain of 4.3 ± 2 kg during treatment and an average rise in BMI of 1.4 . The average Harvey-Bradshaw index was reduced.

CONCLUSIONS:

Three months' treatment with inhaled cannabis improves quality of life measurements, disease activity index, and causes weight gain and rise in BMI in long-standing IBD patients.



106.-organ-transplant.pdf

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4541500/

Quote

Together, the current study shows, for the first time to our knowledge, that the CB-ligand system may have a critical role in allograft rejection. THC treatment reduced the T cell response in the host by dampening the secretion of proinflammatory cytokines and expression of T cell activation markers. Additionally, THC treatment resulted in delayed graft destruction, even in a MHC disparity model of allogenic skin transplant. Induction of highly immunosuppressive MDSCs following THC treatment proved to be necessary, at least in part, for THC-mediated attenuation of allograft rejection. We also noted that this effect of THC was dependent on activation of CB1 rather than CB2. The current study sets the stage for additional studies on the cannabinoid system in regulating transplant rejection involving potential manipulation of endocannabinoids, receptors, and the use of CB-select agonists that are not psychoactive.

Medical Marijuana and Organ Transplantation: Drug of Abuse, or Medical Necessity?

Quote

The case was in the evening news a few days later and generated much press coverage. Despite this, the transplant team held firm even when other physicians advocated for the patient and noted that there was no scientific literature showing any increased risk of organ damage or rejection from someone using marijuana. Tragically, the patient died of liver failure 3 weeks later, leaving behind his wife and 2 children, ages 8 and 12. In the actual case, the ethics team was never consulted or even formally made aware of this case. This patient was following the state law, allowing him to use marijuana to treat his pain, nausea, and vomiting, which turned out to be the only thing that worked. Despite following state laws, this state funded university hospital turned him down for a liver transplant.


107.-Non-severe-and-non-chronic-Pain.pdf

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3998228/

Quote

In order to discover the benefits and adverse effects perceived by medical cannabis patients, especially with regards to chronic pain, we hand-delivered surveys to one hundred consecutive patients who were returning for yearly re-certification for medical cannabis use in Hawai‘i.

The response rate was 94%. Mean and median ages were 49.3 and 51 years respectively. Ninety-seven per cent of respondents used cannabis primarily for chronic pain. Average pain improvement on a 0–10 pain scale was 5.0 (from 7.8 to 2.8), which translates to a 64% relative decrease in average pain. Half of all respondents also noted relief from stress/anxiety, and nearly half (45%) reported relief from insomnia. Most patients (71%) reported no adverse effects, while 6% reported a cough or throat irritation and 5% feared arrest even though medical cannabis is legal in Hawai‘i. No serious adverse effects were reported.

These results suggest that Cannabis is an extremely safe and effective medication for many chronic pain patients. Cannabis appears to alleviate pain, insomnia, and may be helpful in relieving anxiety. Cannabis has shown extreme promise in the treatment of numerous medical problems and deserves to be released from the current Schedule I federal prohibition against research and prescription.

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.

Quote

Severe and Chronic pain 79.99%

Severe and Chronic pain 92.77%

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

Quote
  • it works quickly to relieve muscle spasms,,helps control pain during physical work, controls pain to a certain extent, helps give you opportunity to quality of life.
  •  [PATIENT]’s mobility has increased.
  •  some pain relief
  •  Less lower back pain, increased apatite.
  •  Less muscle aches and better sleep.
  •  Less muscle spasm's = body not being as fatigued allowing me to perform my physical therapy better.
  •  Less muscle spasms!!
  •  less mussel spasms and pain
  •  less nerve pain
  •  Less pain and inflammation in legs and ankles. Didn't feel so wore out at the end of the day. Was able to relax and sit for long periods with less stiffness and joint pain. Overall I had less pain
  •  Less Pain
  • Less sleep issues
  • More hunger'
  • Less mood swings
  • All around better feeling of life
  •  less petit mal seizures , better sleep at night and , reduced muscles pasms
  •  less seizures
  •  Less spasms helps me relax.
  •  Many fewer spasms. I went from several per hour every day to several per day. Much improvement! I also have less anxiety. My confidence has increased from feeling more relaxed.
  •  Much less pain, in my bowel and neurapathy pain. I can tell almost immediately if I forget to take the medication. Within one or two hours, the pain in the gut/bowel area is back. I never realized how terrible I have felt until after I started to feel better. I have had bowel pain as long as I can remember (pre-school) and I thought everyone felt like that. It is all I ever knew and it was getting worse eachyear.
  •  much less weakness/pain
  • easier sleeping
  • not as many spasms in the morning

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 

Quote

Original Assignee

The United States Of America As Represented By The Department Of Health And Human Services

The cannabinoids are found to have particular application as neuroprotectants, for example in limiting neurological damage following ischemic insults, such as stroke and trauma, or in the treatment of neurodegenerative diseases, such as Alzheimer's disease, Parkinson's disease and HIV dementia.

As used herein, a “cannabinoid” is a chemical compound (such as cannabinol, THC or cannabidiol) that is found in the plant species Cannabis sativa (marijuana)



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.

Quote

Neurological disorders affect the brain, spinal cord, or peripheral nerves and muscles in
the body. Marijuana has been proposed most often as a source of relief for three general
types of neurological disorders: muscle spasticity, particularly in multiple sclerosis
patients and spinal cord injury victims; movement disorders, such as Parkinson's
disease, Huntington's disease, and Tourette's syndrome; and epilepsy. Marijuana is not
proposed as a cure for such disorders, but it might relieve some associated symptoms.

Clinical reports consist of four case histories indicating that marijuana use can reduce
tics in Tourette's patients. In three of the four cases the investigators suggest that
beneficial effects of marijuana might have been due to anxiety-reducing properties of
marijuana rather than to a specific anti tic effect.


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.

Quote

Detailed Description:

Disruptive behaviors are very common in children and youth with autism spectrum disorder (ASD). Behavioral problems increase social impairment in children with ASD, make interventions more difficult and place considerable strain on families and caregivers. Current treatment is based on behavioral interventions combined with atypical antipsychotics which often have low tolerability and questionable efficacy.

Cannabis exerts profound effects on human social behavior. Research using animal models of ASD indicate a possible dysregulation of the endocannabinoid system, and stress that it may be a novel target for pharmacological interventions. Anecdotal evidence suggest efficacy of various phytocannabinoids in resistant behavioral problems. However controlled human studies are lacking.

Objective: To assess the safety, tolerability and efficacy of cannabinoids mix [cannabidiol (CBD), Δ9-tetrahydrocannabinol (THC) in a 20:1 ratio] for behavioral problems in children and youth with ASD.

Setting: A double blind randomized placebo-controlled trial with crossover. Methods: One hundred and twenty participants ages 6-30 years, with established ASD diagnosis and moderate to severe refractory behavioral problems will be treated with placebo and cannabinoids mix in a randomized cross-over trial. Each intervention period will be 12 weeks with additional 4 weeks for gradual dose decrease and wash-out. Baseline evaluations will include: Autism diagnostic observation schedule (ADOS-2), Social Communication Questionnaire (SCQ), Vineland II (interview based), Childhood Autism Rating Scale (CARS-2, observation based). Primary outcome measures: Home Situations Questionnaire-Autism Spectrum Disorder (HSQ-ASD), Child Behavior Checklist (CBCL, parent-rated), and Autism Parenting Stress Index (APSI) will be assessed every 4 weeks. Secondary outcome measures: Clinical Global Impression (CGI, improvement and efficacy index items, clinician-rated) and Social Responsiveness Scale (SRS, parent and teacher rated) will be assessed at baseline and termination of each treatment period. Adverse events will be taped every 4 weeks.

Cannabidivarin (CBDV) vs. Placebo in Children With Autism Spectrum Disorder (ASD)

Quote

Sponsor:

Montefiore Medical Center

Collaborator:

United States Department of Defense

Study Description

This trial aims to study the efficacy and safety of cannabidivarin (CBDV) in children with ASD. 

Study Type  :    Interventional  (Clinical Trial)
Estimated Enrollment  :    100 participants
Allocation:    Randomized
Intervention Model:    Parallel Assignment
Intervention Model Description:    Phase 2, 12-week double-blind, randomized, placebo-controlled trial
Masking:    Quadruple (Participant, Care Provider, Investigator, Outcomes Assessor)
Masking Description:    Double-Blind
Primary Purpose:    Treatment

https://nccih.nih.gov/health/autism

Quote

Marijuana hasn’t been studied for ASD, though there’s interest in its use by some patient groups to help with behavioral symptoms associated with ASD. 

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5473390/

Quote

Behavioral Conditions. Cannabinoids and CBD use in this patient population is a growing interest on social media sites. While the data for these indications are limited to case reports using dronabinol, some of the benefits of CBD on behavior and motor skills reported in the aforementioned retrospective studies in epilepsy may be transferable to this population as well. A 6-year-old patient with early infant autism received enteral dronabinol drops titrated up to 3.62 mg/day. He had improvements in hyperactivity, irritability, lethargy, stereotype, and speech.41 In a published abstract, Kruger et al42 report on the effect of dronabinol use in treating self-injurious behavior in 10 mentally retarded adolescents. The dronabinol dose ranged from 2.5 mg twice daily to 5 mg 4 times a day. Seven of the 10 patients had significant improvement in their self-injurious behavior that lasted through the follow-up at 6 months. Two of the 10 patients experienced agitation and the drug was discontinued. An Israeli single-center, double-blind, placebo-controlled cross-over trial of CBD and THC in a 20:1 mixture for behavioral problems in children with autistic spectrum disorder is scheduled to start in January 2017.43

Safety and Efficacy of Medical Cannabis Oil for Behavioral and Psychological Symptoms of Dementia: An-Open Label, Add-On, Pilot Study.

Quote

RESULTS:

Ten patients completed the trial. Significant reduction in CGI severity score (6.5 to 5.7; p <  0.01) and NPI score were recorded (44.4 to 12.8; p <  0.01). NPI domains of significant decrease were: Delusions, agitation/aggression, irritability, apathy, sleep and caregiver distress.

CONCLUSION:

Adding Medical Cannabis Oil to Alzheimer’s disease patients' pharmacotherapy is safe and a promising treatment option.

An Open Label Study of the Use of Dronabinol (Marinol) in the Management of Treatment-Resistant Self-Injurious Behavior in 10 Retarded Adolescent Patients

Quote

Conclusions: In a series of patients who presented with treatment-
resistant self-injurious behavior, eight of the 10 showed an improvement
in their behavior when treated with Marinol without serious enough side
effects to merit discontinuing the medication. At 6 month follow-up,
seven of the 10 continued to benefit from the Marinol, and the eighth
patient had discontinued the medicine due to a change in her living
situation. The tolerability of Marinol in this study is consistent with the
experience of Lorenz (2004) whose patients presented with a variety of neurological disorders but not specifically SIB.

 

 

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4648553/

Quote

Anecdotal reports continue to emerge of children with intractable epilepsy and severe autism who show symptomatic improvement after being administered cannabinoids. The call from the public for research on cannabinoids is growing louder and many families are already using marijuana for childhood conditions – this despite very little evidence on efficacy and in the face of known long-term harms. The medical community has an urgent duty to respond. As we face a tide of rapidly changing attitudes and policies on marijuana in the US and elsewhere, it is urgent that we prioritize carefully conducted RCTs to close the current knowledge gap.

 

 

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      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.
    • 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?
      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
    • 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.
       
      #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
    • By Michael Komorn
      Effective Monday, February 26, 2018. the Bureau of Medical Marihuana Regulation will begin operating at its new location at2407 North Grand River, Lansing, Michigan.  Applications for a state operating license for a marihuana facility will no longer be accepted at 611 West Ottawa Street. Those applications and payments for application fees and regulatory assessments will be accepted at the new location between the hours of 8 a.m. and 5 p.m., Monday through Friday.  To allow time for processing, please arrive no later than 4:30 p.m.
      Applications for the medical marihuana program will not be accepted on-site.  Individuals should follow the instructions provided on the application for registry identification card and mail the completed form, required supporting documentation, and fee (if applicable) to the address provided on the form.
       
       
       
       
       
       
       
       
       
       
      LARA is an equal opportunity employer/program.  
      Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities. 
       
      For more information about LARA, please visit www.michigan.gov/medicalmarihuana
      Follow us on Twitter www.twitter.com/michiganLARA
      “Like” us on Facebook or find us on YouTube www.youtube.com/michiganLARA
       
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