Komorn Law Secures Release Of Lorincz Child From CPS in Marijuana Custody Case

Komorn Law Secures Release Of Lorincz Child From CPS in Marijuana Custody Case

“This is one of those cases in an attorney’s career that is not easily forgotten, and is a reminder to me of the reason I became an attorney.”

– Michael Komorn, attorney from Komorn Law and recipient of the Michigan Bar Association Right to Counsel Award for 2015.

 

SPRING LAKE- Max Lorincz and his wife will have custody of their six-year old son returned to them by court order in a Michigan case that made national headlines over a dispute with the State Police Crime Lab over marijuana testing.

 

Dante, the Lorincz’s son, was removed from his Spring Lake home after investigators charged Max with possession of synthetic marijuana- a felony in Michigan. Lorincz is a registered medical marijuana patient and has always claimed that the substance found by police during a search of his home- a “smear” of substance, so small it’s weight could not be quantified- was medicinal and derived from a natural plant source.

 

The case began not from an investigation into Lorincz, but with a 911 call from Max to get medical help for a family emergency not related to marijuana. While assisting with the emergency, police accidentally discovered the smear of suspicious substance and began criminal proceedings.

 

SUPPORT THE LORINCZ FAMILY: VISIT THEIR GOFUNDME PAGE AT https://www.gofundme.com/SVQ5W5W

 

In building a case, attorney Michael Komorn and investigators from his office probed the Crime Lab on the policies and procedures that lead to the determination of synthetic marijuana in this case. They discovered a hotbed of controversy, including prosecutors coaching scientists to produce results that favored the prosecution in court cases. Emails from representatives of the Prosecuting Attorneys Association of Michigan to heads of the Lab were revealed, as were protests from scientists forced to change how they report their science for political advantage- changes that brought dire criminal consequences for the citizens whose samples were being evaluated.

 

“The lab technician in Lorincz’s case testified that he has been testing tetrahydrocannabinol, or THC, for 25 years. THC is the main psychoactive ingredient in marijuana, also present in synthetics. However, a recent policy change means the technicians have to write “origin unknown” when testing this type of THC on lab reports,” reported Fox News in 2015.

 

The change in reporting was directly derived from the prosecutor-initiated procedures- and that was enough information to put doubt in the mind of the judge. The lab was not proving the substance was synthetic, they were inferring it, and that does not meet the standard of evidence for courtroom procedures.

 

Based in a large part on these revelations about evidence handling, Komorn Law secured a dismissal of felony charges in the Lorincz case on January 22. “The judge got it right: the law is very clear on this, and any prosecutor that proceeds under a theory (of synthetic THC), as this office did here, is flat-out wrong,” Komorn told Fox News at the time. “(Prosecutors) should be stopped from doing that… all defense lawyers should know that it’s an inappropriate charge.”

 

“The wheels of justice grind slowly but exceedingly fine,” said Jeff Frazier of Komorn Law, one of the people directly responsible for exposing the inappropriate influence used by prosecutors in the Crime Lab scientific method.

 

After the charge was dismissed Komorn Law fought to reunite the family. “Getting Max’s son back was the last and most difficult piece of the puzzle,” Komorn told The Compassion Chronicles. “To me the CPS case reflects an equally broken and corrupt agency within our government.”

 

Bethany Christian Services (BCS), who has been paid by the state’s Child Protective Services (CPS) to take over the foster care of the young Lorincx child, contested the boy’s return, saying the case had been going on for so long the familial bond had been broken and it was in Dante’s best interest to remain under their guidance.

 

“Even after we eradicated the allegations of the removal, and dispelled the myth that Max’s status as a medical marijuana patient was not evidence of harm to the child, the agency, prosecutor and guardian ad litem seemingly dug in deeper.”

 

Once the criminal charges were no longer justification for the continued removal of Dante from the Lorincz home, BCS made other ridiculous claims to explain why the child could not be returned to his parents: he plays lots of video games, his family is poor and his mother is ill.

 

Court hearings revealed that the behavior shown by Bethany Christian Services, including asking the child himself to choose between his parents and other living options, were contradictory to state procedure regarding foster care. BCS was removed as supervising agency of the Lorincx child by court order, which opened the door to having him returned home.

 

“It seemed as if every time we made some progress, the agency, the prosecutor came up with some other, unrelated complaint or reason to oppose reunification. We were fortunate that the Court agreed with us, and determined the ( say anything to win) allegations of being poor, his wife’s mental illness, and playing video games are not grounds for removal,” said Komorn.

 

Bernard Jocuns is a criminal defense attorney from Lapeer has been following the case. “It angers me that professionals that the public are supposed to trust are responsible for this miscarriage of justice. The Michigan Court Rules and Rules of Evidence are in place to provide parity to prosecution and defense (attorneys).”

 

“It is scary to think what would be happening to Max now, had he not caught the ear of a prominent criminal defense attorney who was willing to take his case pro-bono ,” said Jamie Lowell, a Board member of the MILegalize organization.

 

The decision was delivered on March 25; it could take several days before Max’s son is returned home to him.

 

“Yesterday’s ruling ended the 17 month nightmare for the Lorincz family, but it does not end this matter,” Komorn said today. “Komorn Law intends to pursue and exercise every single possible legal recourse available to us, to make this family whole again.”

 

A listing of Komorn Law Blog updates on the case can be found at:

komornlaw.com/press/komorn-in-the-news/people-v-max-lorincz/

The Ensemble Effect, Not the Entourage Effect, Says Dr. Grinspoon

The Ensemble Effect, Not the Entourage Effect, Says Dr. Grinspoon

It’s a popular theme in marijuana use – the “entourage effect.” It’s defined as the broad-spectrum sense of wellness derived from consuming an unaltered or concentrated form of cannabis. All the natural chemicals found in cannabis are ingested simultaneously.

Any single chemical in isolation does not perform in the same way that a substance will when associated with other chemicals found in the original, natural source. The three primary components of the marijuana chemical cocktail include CBD, THC and the phytocannabinoid group of terpenoids.

CBD by itself performs different than CBD in conjunction with THC, and both perform differently when in the presence of terpenoids. Marijuana’s strength and effect varies by strain based on the ratio of these three components, among other factors.

“It’s a mixture of CBD, cannabidiol, THC and the phytochemicals, the terpenoids,” says Harvard Professor, Dr. Lester Grinspoon. “You need all three of them to get the best therapeutic effect.”

But Dr. Grinspoon says that he entourage effect, the broad-based experience cannabis users have when they consume marijuana containing all three components, is improperly named, Grinspoon told listeners of the Planet Green Trees Radio Show on Thursday, March 10. He prefers the term “therapeutic ensemble.”

“I think that the ensemble is a better idea than entourage, because the word ‘entourage’ implies one item moving in this direction – and it has company,” Dr. Grinspoon explained, “and it is [the item] that is responsible for that activity, and the others just go along. That’s entourage.

“The word ‘ensemble’” he continued, “means that these are the three things that are required for the best therapeutic effect, but you can manipulate the percentage of two of them.”

Those are THC and CBD, Dr. Grinspoon stated. “The phytochemicals, the terpenoids, they come with it, as long as it is derived from the bud, from the plant and not from some oil where all the phytochemicals have been distilled out. As long as you are getting it from the bud you can manipulate by mixing strains.”

Dr. Grinspoon illustrated the advantage of the therapeutic ensemble, and the effect seen when it is absent: “Cannabidiol is a non-psychoactive cannabinoid, which in fact opposes tetrahydrocannabinol, the psychoactive. If you take a large dose of CBD for therapy during the day and you try to use THC at night you won’t get high. On the other hand, you can make the THC high compared to the CBD, the ratio is reversed, and you will get a high. As long as you have the two of them, and the phytochemicals, the terpenoids, you will get a therapeutic effect.”

Charlotte’s Web, a strain of cannabis known for its high CBD and low THC ratio, was cited by Dr. Grinspoon as an example of plant manipulation to express effect. “People can use [that strain] for therapeutic utility and they won’t get high, and that’s great. On the other hand, there are some people who like to have more THC in it so they get somewhat of a high, because high equals antidepressant for some people and that is very important.”

The therapeutic ensemble is the key to maximizing medicinal effect. “In the world of the future we’re gonna have this therapeutic ensemble. You’ll be able to go into the medical store… and you can get a mix where you get the right ratio of cannabidiol to THC,” Dr. Grinspoon opined. “As long as that has terpenoids with it, it will be therapeutic.”

Advances in marijuana testing are making medicinal cannabis use more user-friendly by identifying the product’s ratio of components. Patients can look past flashy names to find medicine that will deliver consistent, predictable effects. “It will be very easy for [medical marijuana patients] to pick it out because it isn’t the name of the strain; it’s how much of these three constituents the marijuana-based medicine contains,” Dr. Grinspoon said.

One group that could benefit from this kind of targeted therapy: veterans. “PTSD is very responsive to cannabis,” Dr. Grinspoon related to PGT host, attorney Michael Komorn.

Dr. Grinspoon is a pioneer in marijuana science. During the interview he discussed some of his earliest experiences with marijuana and how they were influenced – some might say, peer-pressured – by a young Carl Sagan.

Rick Thompson

Rick Thompson

By Rick Thompson · Thu Mar 17, 2016

Listen to the entire interview with Dr.Grinspoon on Planet Green Trees here.

Komorn AVVO Reviews

Komorn AVVO Reviews

Research no further, call Komorn.

5.0 stars
Posted by a client December 31, 2015

Hired attorney

After an incident involving my medical marihuana grow, I found myself being charged with 2 manufacturing felonies. Upon a recommendation from an associate, I retained Michael Komorn. It was the best decision I ever made. Most of the cards were stacked against me but Michael was brilliant. He was very knowledgeable with all the case law needed. He explained the process we would take in the beginning and he stuck to his plan. In the court room he stood up for me like I was his brother. He knew every avenue we could explore and he explored most of them. In the end I received a misdemeanor with a few months non reporting probation. I am confident that if I had fought this case until the end, Michael would have won. I would, without hesitation, recommend Michael to anyone for any defense. I know my family and myself greatly appreciate the work Michael has done for me and if I find myself in a similar position in the future, he will be the first call I make.

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Resting now!

5.0 stars
Posted by Jim June 5, 2015

My name is Jim, Did not believe I would be in need of an attorney. Yet there I was ! Being a firm believer , that knowledge is power. Brought me to find an attorney that is at the forefront of Michigan marijuana laws. An advocate for all of us. Micheal Komorn ! Komorn is leading the way, demanding clarity and definition of the laws that are always changing. Mike Komorn is that guy that fights for us all. Knowledge is Power. My case was dismissed, I rest my case. Thanks Mike !

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Doesn’t Jump Ship

5.0 stars
Posted by Dave March 21, 2015

Hired Komorn for a medical marijuana debacle. Komorn never jumped ship when it came down to the battle. I gave up before he would. Highly recommended when you need an attorney not to abandon you.

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Insightful, creative, caring

5.0 stars
Posted by Agatha March 19, 2015

When Mr. Komorn engages- it is on! I am so grateful for his expertise and thoughtful consideration for the predicament I and my family were in.

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2nd OWI and VOP

5.0 stars
Posted by Alex September 29, 2014

I hired Michael at a very difficult and stressful time. I had two charges pending and was facing jail time. He handled them with great care and confidence and kept me in the loop during the whole process. He got my most serious charge (2nd OWI) dismissed because the officer did not go by the book and violated my rights. My other charge which was a VOP over six years old was handled very well and I had the best outcome possible. I would recommend Michael to anyone I know. He is a great attorney that will fight for you just like he did for me.

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Helped me with a DUI / DWI case

5.0 stars
Posted by Kenneth September 18, 2014

Mike Komorn is very thorough and understanding. He listens attentively, he explained the law thoroughly and he advised me on my options. He also referred me to substance abuse counselors who have helped me to get back on the right track and make permanent and positive changes in my life. If is wasn’t for Komorn Law, I’d be in jail right now, instead of on probation and getting the help I really needed.

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card carrying member

5.0 stars
Posted by John March 18, 2014

I cannot say enough good things about Micheal and his team at Komorn Law. Micheal met with me and explained exactly what was going to happen throughout the legal process and what I could expect throughout my case. He was clear and concise and didnt sugar coat anything. He took the time to explain what defense options I had and recommended an aggressive coarse of action. He then started to work on my case. We pooled together all of the documentation and information about my case including all prosecutor information and created my defense. Micheal and his team constructed my defense and approached the court with so much information and documentation that they lessened the charges and I was given a minimal fine. It was Michaels diligent determination that made this happen. He was professional yet firm. His arguments were always well prepared and presented in a timely manner. I would highly recommend Michael and his team at Komorn Law. He has been the only attorney that I truly feel has represented me the way I would like to be represented. He was aggressive yet professional. His team was always responsive and timely. Michael is the only attorney I would ever use. His experience and dedication is absolutely the best.

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Best Attorney On This Planet!

5.0 stars
Posted by Carruthers December 19, 2013

The work ethic of Tom Brady and brains of Peyton Manning. It was definitely an unfair and lopsided playing field in favor of prosecutors, however, there was a since of confidence after seeing him in action the 1st day.

Most attorneys are a lot of bark and no bite when it comes to actually fighting in court if you need to battle he is your fighter.

When countless attorneys advised us we had no chance to fight our case in Oakland County and just to take a plea mainly because it was too much work we fired them and hired Komorn who took the lead and we WON and we WON big.

Without Komorn’s sincere dedication (we talked to midnight at times!) and relentless pursuit of justice we would all be felons with a bleak future. This review does not justify all he has done for us and the entire mmj community. Komorn for Governor!

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Victory in Bad Axe

5.0 stars
Posted by Jeffrey November 18, 2013

Best attorney in the state in my opinion. Handled my case in BAd Axe.Took a couple yrs Case dismissed. Well publicized in Huron Daily Tribune.Medical Marijuana case.

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Just a middle aged couple trying to follow the law

5.0 stars
Posted by a Criminal Defense client November 13, 2013

My husband has chronic pain and I am disabled. Both of us are in our sixties and we are medical marijuana patients/caregivers. We were diligent about strict adherence to the law. Despite that, we found ourselves fully involved in the criminal justice system – Yikes!

Michael Komorn was the right call to make…so current on every front and more than willing to “go the extra mile” for his clients. His understanding and compassion certainly helped ease our stress. Always respectful and never condescending he took the time to explain all proceedings and took our case to its happy conclusion. Nothing more rewarding than seeing a great attorney put an over-zealous prosecutor in his place. This is one great lawyer

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