Komorn and Medical Marijuana Activist Charmie Gholson speaking in Michigan’s Capitol

Komorn and Medical Marijuana Activist Charmie Gholson speaking in Michigan’s Capitol

http://www.youtube.com/watch?v=QfWNhkZPzs4

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If you or someone you know is facing charges as a result of Medical Marijuana prescribed to you as a Medical Marijuana patient under the Michigan Medical Marijuana Act, contact Komorn Law and ensure your rights are protected.

Michael Komorn is recognized as a leading expert on the Michigan Medical Marihuana Act. He is the President of theMichigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group with over 26,000 members, which advocates for medical marijuana patients, and caregiver rights. Michael is also the host of Planet Green Trees Radio, a marijuana reform based show, which is broadcast every Thursday night 8-10 pm EST. Follow Komorn on Twitter.

Marijuana Possession Charge Dismissed

Genessee County

Recently discharged from probation for possession of Marijuana, the 18 year old client was the driver of a vehicle occupied by one other. After a traffic stop, for the reason that the passenger was observed smoking a cigar on school grounds, our client was asked to step from the vehicle, patted down, and allegedly a pipe was pulled from his front pocket. After being placed in the back of the police vehicle, the passenger then handed the police another pipe which he pulled from the center council while at the same time stating that it belonged to the driver. Client was charged with possession of marijuana and possession of paraphernalia in front of the same judge to which he was recently put on probation.

After assessing the case and appearing at the pretrial Komorn Law convinced the prosecutors to dismiss the counts, allowing our client to plead to a disorderly person, and sentenced to a fine. No probation was issued, case closed.

Lessons

Young adults are often the targets of pretext stops, with police believing that this age group is often in possession of marihuana or some other contraband. Be aware of this and take steps to not have contraband in the car. Avoid being observed smoking on school grounds and be aware that the laws may differ based upon your location.

Anyone who gets in your car is a potential codefendant in a case; this is even more true as it relates to the driver. By being the driver it is implied you own and possess the items that may be found. It is imperative to be aware of what the guest passengers are bringing into your car. While the facts may be that it is not the driver’s or the driver did not know of any contraband, these are usually defenses in court and may not protect you with police at the scene.

Misdemeanor OUID Charges Dropped

Client was charged with the crime of OUID, operating a motorized vehicle while under the influence of drugs or alcohol or a combination of the two.

The complaint states:

STATE OF MICHIGAN, COUNTY OF WAYNE

The complaining witness says that the defendant did, on September 29, 2011, near w. Jefferson and fifth Street in the City of Trenton, operate a motor vehicle while under the influence of a combination of alcoholic liquor and controlled substance, contrary to MVC 257.625 (2)(a).

On or about September 29, 2011 client was arrested in the city of Trenton after a traffic stop.

2 tubes of blood were drawn at the hospital. Almost 9 months later the lab work from the State Police Lab was returned and indicated the following blood levels:

Item #1

Detected

0.04 grams alcohol per 100 milliliters blood

Item #2

Detected

Alprazolam 36 ng/ml

Carisoprodol 5692 ng/ml

Meprobamate 8223 ng/ml

Diazepam 207 ng/ml

N-desmethyldiazepam 239 ng/ml

How we analyzed the case:

The Police officers testimony suggested that our client was drugged out at the time he was driving.

As is often the case, the police report and the allegation of criminal behavior were very different than our client’s version of the facts. Additionally, our client’s wife was in the car throughout the entire incident and was in a position to testify at trial contrary to all of the police officers observations and allegations.

The analysis of the toxicology reports was critical to developing our trial strategy. Our in house expert toxicologist and pharmacologist Karl Ebner confirmed that the levels of alcohol indicated the client was presumptively not intoxicated. The test also established that the levels of Diazepam (207 ng/ml) were within the therapeutic levels and consistent with the doctor proscribed amounts. In other words the levels of diazepam were indicative of medical use and not abuse.

As we prepared for trial it became apparent the city attorney did not want to try this case.

Unlike the crimes of (OWI) Operating While Intoxicated or Operating with Any Presence of a Controlled Substance, the charged crime in this case OUID requires different proofs at trial and has very different jury instructions.

Final disposition: Misdemeanor OUID charges dropped, client admitted responsibility to a civil infraction, and received a fine.

Dropped OUID Charges

Dropped OUID Charges

Client was charged with the crime of OUID, Operating a motorized vehicle while under the Influence of Drugs or Alcohol or a Combination of the Two.

The complaint states:

STATE OF MICHIGAN, COUNTY OF WAYNE

The complaining witness says that the defendant did, on September 29, 2011, near w. Jefferson and fifth Street in the City of Trenton, operate a motor vehicle while under the influence of a combination of alcoholic liquor and controlled substance, contrary to MVC 257.625 (2)(a).

On or about September 29, 2011 client was arrested in the city of Trenton after a traffic stop.

2 tubes of blood were drawn at the hospital. Almost 9 months later the lab work from the State Police Lab was returned and indicated the following blood levels:

Item #1

Detected

0.04 grams alcohol per 100 milliliters blood

Item #2

Detected

Alprazolam 36 ng/ml

Carisoprodol 5692 ng/ml

Meprobamate 8223 ng/ml

Diazepam 207 ng/ml

N-desmethyldiazepam 239 ng/ml

How we analyzed the case:

The Police officers testimony suggested that our client was drugged out at the time he was driving.

As is often the case, the police report and the allegation of criminal behavior were very different than our client’s version of the facts. Additionally, our client’s wife was in the car throughout the entire incident and was in a position to testify at trial contrary to all of the police officers observations and allegations.

The analysis of the toxicology reports was critical to developing our trial strategy. Our in house expert toxicologist and pharmacologist Karl Ebner confirmed that the levels of alcohol indicated the client was presumptively not intoxicated. The test also established that the levels of Diazepam (207 ng/ml) were within the therapeutic levels and consistent with the doctor proscribed amounts. In other words the levels of diazepam were indicative of medical use and not abuse.

As we prepared for trial it became apparent the city attorney did not want to try this case.

Unlike the crimes of (OWI) Operating While Intoxicated or Operating with Any Presence of a Controlled Substance, the charged crime in this case OUID requires different proofs at trial and has very different jury instructions.

Final disposition: Misdemeanor OUID charges dropped, client admitted responsibility to a civil infraction, and received a fine.

Mich. lawmakers make changes in medical marijuana law

Mich. lawmakers make changes in medical marijuana law

From The Detroit News: http://www.detroitnews.com/article/20121214/POLITICS02/212140473#ixzz2FW9KZjNA

Detroit — Legislators on Friday sent Gov. Rick Snyder the first changes in Michigan’s medical-marijuana law in four years, stretching the one-year patient cards to two years and restricting who can grow pot and how it can be transported.

The use of marijuana to alleviate side effects of certain illnesses, such as cancer or chronic pain, was widely endorsed by voters in 2008. Changes have been difficult to make because any amendments to voter-approved laws require 75 percent approval in the Legislature.

State-issued cards given to people who have a doctor’s endorsement for marijuana use would be good for two years instead of one. Caregivers who are allowed to grow marijuana for up to five people would be disqualified if they committed a felony within the past 10 years or if they committed an assault.

More than 130,000 people have marijuana cards in Michigan, and another 25,000 are registered as caregivers. Michael Komorn, an attorney who specializes in medical-marijuana law, said some caregivers are certain to be dropped because of felony convictions.

“That is a terrible one,” Komorn said of the provision. “You may have a father with a felony who may be a caregiver for his wife and grows plants in the basement. Patients develop relationships and now they tell them you need to go somewhere else? It’s a law-enforcement mentality: You have a felony, so you’re a bad person for the rest of your life.”

Messages seeking comment were not immediately returned by key lawmakers Friday. The Legislature met through the night and adjourned before dawn Friday.

Lawmakers backed a bill that would require medical-marijuana users to store their pot in a case in the trunk while riding in a motor vehicle. Marijuana would have to be in a case that’s not easily accessible if the vehicle doesn’t have a trunk. A violation is a misdemeanor.

“It will give police more reasons to search patients’ vehicles. It creates a new crime,” attorney Matt Abel said. “It’s not clear to me what harm they were attempting to eradicate.”

The legislation would also give state regulators the authority to hire contractors to process the $100 medical-marijuana cards, although the Department of Community Health in 2010 found that going to a private business probably wouldn’t save money.

The medical-marijuana program has been running a surplus estimated at $16.7 million as of Sept. 30, according to the Senate Fiscal Agency.

From the detroit news. Read the whole story here