Instead of Licensing Them – Detroit Raids Dispensaries

Michael Komorn was  quoted in an article about Detroit law enforcement raiding dispensaries instead of licensing them.

“The current policy to shut down, raid and deny safe access is a losing hand to play,” said Michael Komorn, an attorney from Southfield and the 2015 ‘Right To Counsel Award’ winner. “Medical cannabis is a public health issue, not a public safety issue.”

“Detroit was  one of remaining compassionate cities allowing safe access to medical cannabis.  It has been difficult to watch the medical cannabis issue framed the way it has by the city government and community leaders. The lack of honest communication and dialogue seems to have detracted from diplomacy.”

 

 

Criminal Defense Attorney of Michigan Award Committee

Criminal Defense Attorney of Michigan Award Committee

The Criminal Defense Attorney of Michigan’s Award Committee has selected   Michael J. Komorn as the recipient of their Right to Counsel Award. This award recognizes the amazing contributions of a group or individual in the form of legal representation or other extraordinary service.

Komorn will be recognized at CDAM’s Annual Dinner and Awards Banquet, Friday, March 11, 2016, at the Troy, Marriott. The Cocktail Reception begins at 6:15 with dinner at 7:00p.m. For those interested in attending, visit www.CDAMonline.org and click Registration Annual Awards Dinner Tickets ONLY. For those wishing to attend the CDAM Spring Conference AND dinner, click on 2016 Spring Conference Registration OPEN. This link will allow your to register for the conference and dinner. Tickets are $65 per person

Said CDAM President Patricia A. Maceroni, “CDAM is delighted to recognize Michael Komorn for his extraordinary work in uncovering testing irregularities at the Michigan State Police Forensic Crime Lab while representing his client, Max Lorincz, pro bono.”

While defending Lorincz, Komorn obtained emails through the Freedom of Information Act uncovering recent changes in Crime Lab policies. These policies allowed for the reporting of marijuana abstract residue as “origin unknown” allowing prosecutors to charge someone with having synthetic THC, a felony, rather than marijuana, a two year misdemeanor.

Said Komorn during a recent interview with Michigan Radio, “The lab specifically changed their policy to report these things in a way that they could arrest patients or caregivers, instead of honoring the protections of the Michigan Medical Marijuana Act.”

In January 2016, Komorn was successful in getting Max Lorincz’ two year felony charge dismissed.

For more information, contact CDAM at (517) 579-0533.

 

Oakland County drug test results vanish – courts misled

Oakland County drug test results vanish – courts misled

A computer error is being blamed for wrongly accusing hundreds of people of skipping court-ordered drug tests, subjecting them to potential penalties including fines and jail time.

Jail Alternatives for Michigan Services, known as JAMS, is metro Detroit’s largest provider of court-ordered drug testing. The company experienced the issue in late August, but apparently didn’t notice it until Dana O’Neal of Oakland County pre-trial services called to ask why no positive test results had been submitted in recent weeks, said Barbara Hankey, manager of Oakland County Community Corrections.

O’Neal learned that instead of forwarding test results, JAMS computers had been wrongly forwarding notices indicating defendants failed to show up for the tests at all, Hankey said.

“She saw something was up, she contacted JAMS and tried to make them aware of the problem,” Hankey said. “It was a couple of weeks after we notified them before the conversations started.”

JAMS general manager Michelle Foster did not respond to voice mail and e-mail messages seeking comment.

As of late Friday, it was unclear whether any of the defendants were jailed or fined for skipping a drug test. It was also unclear whether incorrect notices had been forwarded to courts in Wayne and Macomb counties, where JAMS also operates testing facilities.

O’Neal on Thursday sent a notice out to judges across Oakland County alerting them that between Aug. 26, and Sept. 11, “the JAMS drug and alcohol testing agency experienced a software issue resulting in false reports of no-show tests.”

“As a result, failure to appear notifications were sent by our department for tests that were actually completed.” O’Neal wrote in the notice.

Judges often order people charged with drunken driving, drug crimes and other offenses to report for drug and alcohol testing while they await trial. Testing, often daily, is typically required as a bond condition. Failing or skipping a test can prompt a judge to jail a defendant for violating court orders.

But many defendants count on JAMS and other testing agencies to inform the court properly of their test results. They don’t necessarily get a receipt showing every test they took, said Robert Larin, a long-time defense attorney and expert in drunken-driving law.

“They’ll require someone to prove that he took a test and that might be impossible for the defendant to prove,” Larin said. “Most judges have common sense. But there are some who don’t.”

Larin said any defendant accused of skipping a test should request a hearing before the judge to contest the notice.

Troy District Judge Kirsten Nielsen Hartig said that drug-testing agencies are largely unregulated and judges must scrutinize their results. Several months ago, she stopped allowing defendants in her court to use JAMS because of inaccurate reports.

“This problem is not just JAMS,” she said. “This is the underbelly of the criminal justice system.”

She said defendants, particularly addicts, often lie about whether or not they tested, but the problem at JAMS shows that judges can’t accept a testing agency’s word without documentation.

O’Neal’s notice told judges and others that her group was “working diligently to correct these inaccurate reports.”

“It is strongly recommended that prior to negative consequences being imposed that all tests be confirmed with our office,” she wrote.

 

Story Highlights

  • JAMS is Metro Detroit’s largest provider of court-ordered drug testing.
  • Company wrongly reported to courts that hundreds of defendants skipped drug tests.
  • Defendants could face jail time for bogus violations.
  • Courts urged to review all reports of violations before punishing defendants.

 

Contact John Wisely: jwisely@freepress.com or 313-222-6825

Michael Komorn Awarded Highest Honor For Criminal Defense Attorneys

Michael Komorn Awarded Highest Honor For Criminal Defense Attorneys

One of Michigan’s most active medical marijuana attorneys was honored by the Criminal Defense Attorneys of Michigan (CDAM) with their “Justice For All” Award.

Attorney Michael Komorn was announced as recipient of the honor.  Of the thousands of criminal defense attorneys in the state,  Komorn’s record of challenging the system and winning propelled him into the top spot.

Fox 17 MSP Crime Lab Falsifying Reports_KomornLaw 01

The award is described by CDAM below:

“The Justice for All Award is given to recognize a particular extraordinary contribution of a group of individuals. This contribution can be in the form of legal representation or other extraordinary service.”

Most recently Komorn won a dismissal of charges in the Max Lorincz case, which involved a prosecution and removal of a child from a loving home based on a tiny smear of purportedly marijuana concentrate discovered by law enforcement.

michigan medical marijuana lawyer

This case and the depth of Komorn Law’s digging into the back story, revealed the scientifically invalid and politically motivated changes in reporting marijuana concentrates as ‘origin unknown’ by the Michigan State Police Crime Lab.

The Lorincz case underscores what Komorn has been fighting for all along: an unyielding pursuit of the truth and exoneration for patients caught in a system designed to capture them.

Attorney Komorn was honored at a special dinner at the Troy Marriott, along with “President’s Award” winner William Maze, on Friday March 11.

Although the Lorincz case is the most recent and notable victory for Komorn Law, his other accomplishments stand out as well.

“I’ve got two rules about working with attorneys,” said Jeff Frazier, lawyer, who worked with Komorn on the MSP Crime Lab case. “They have to be great at it and they have to love it. I’m proud to work with Michael.”

Just a few of Komorn Law’s case highlights include:

  • Becoming involved as a Commission Member on the new Marijuana Law Section of the State Bar Association of Michigan

As well as many successful defenses of patients and caregivers registered with the Michigan Medical Marihuana Act (MMMA) in courts across Michigan.

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“There are times that justice may seem blind, in this circumstance it was not deaf,” offered Lapeer attorney Bernard Jocuns, the newly-elected Chair of the Marijuana Law Section. “Perseverance, diligence and sincerity for marijuana patients as a whole brought a selfless victory that will be remembered for the ages.”

Komorn is more than just a criminal defense attorney. He is the Executive Director of the Michigan Medical Marijuana Association and the host of a weekly radio talk show dedicated to MMMA patients and the attorneys that represent them. The Planet Green Trees Radio Show has received notoriety nationally; interviews with legislators, scientists and attorneys for the past five years have offered revelations and brought clarity to what can be a very confusing medical marijuana program.

Activist and producer of the Planet Green Trees Show, Jamie Lowell of MILegalize and the 3rd Coast Dispensary, said, “Michael Komorn doesn’t just take cases, he takes on an emotional commitment to sincerely help each client to the best of his ability.

“In the case of Max Lorincz, Michael was so moved by the unjust treatment of a man and his family, that he took the case pro-bono and has regularly driven three hours each way to the court house on the west side of the state, to help Max reclaim his life.”

See the articles in the media

The Criminal Defense Attorneys have already posted the award notice and the dinner details. CDAM offers this description of their organization on the group’s website :

Allen Peisner, criminal defense attorney and member of CDAM, said, “I can think of no one more deserving of this award than Michael Komorn.   I am honored to know him and be a participant on his weekly internet radio show.”

“Michael Komorn’s zealous advocacy and activism in the field of marijuana law has been impressive and has inspired many lawyers, including myself, to do the same through his accomplished example,” said Barton Morris, also a CDAM member.

“Michael is a pioneer and champion in marijuana law in Michigan.”