The Job of a Judge is to make decisions of whether there is enough evidence to hold someone, give them bond or release them. Police do not make decisions of whether a person is guilty or innocent. They just are supposed to gather the facts and evidence. Both should work together to support the allegations of facts to assist in determining whether a person is guilty or innocent. Here we have a story in the Detroit News of a Judge that is being accused by police of being soft on crime.
The article says….
A fall out in Detroit’s 36th District Court that is pitting the judge against police officers who accuse him of being soft on crime. William C. McConico, the Judge who is standing up against police this time is saying that some of the disparagement is being done to smear him for refusing to lower a cop’s million dollar bond.
Detroit police Chief James Craig said the judge is a symptom of a “broken system” that often allows violent criminals back on the street. Craig and other police officers lambasted McConico in May, after the judge granted a $100,000 bond and tether to Ivory Traylor, a habitual criminal who allegedly shot at Detroit police officers.
Ivory Traylor had a previous armed robbery conviction, cut off his tether and ran. He was arrested less than 24 hours later. He is on the schedule to stand trial on charges of assault with intent to commit murder in August.
Judge McConico argued that some of the criticism against him was from his rejection of a request to lower the $1 million cash bond for a former Michigan State Police trooper, Mark Bessner, charged with causing the death of a 15-year-old Detroiter while the teenager was riding his ATV. Bessner is scheduled to stand trial in October on second-degree murder charges.
“You’ve got reckless statements being made that I hate cops,” McConico said. “That’s crazy. It’s absolutely crazy, and it’s not true. You’ve got some officers who are trying to make me look bad because I didn’t lower the trooper’s bond.”
McConico’s decision was the second time he refused to lower the bond. He says there are some officers are still mad and looking for reprisal.
Craig said his criticism of McConico has nothing to do with the Bessner case.
“My problem with him is: His decisions impact what we’re trying to do as a police department,” the chief said. “When you get judges who are soft on crime, it makes it harder for us to keep the city safe.”
In another controversy, Wayne County prosecutors say they plan to appeal McConio’s ruling in the May 16
There’s much more of the story you should read here at the Detroit News
July 27, 2018 – The Michigan Supreme Court has ruled that the Ann Arbor and Clio school districts have a right to ban guns from their schools
In a very much watched case that deals a blow to gun rights advocates who argued state law prohibits schools from enacting those policies.
Both districts had adopted the policies that barred the possession of guns on school property or at a school-sponsored event.
They each were sued by different groups. One was Michigan Gun Owners with parent Ulysses Wong, sued the Ann Arbor Public Schools. Michigan Open Carry with parent Kenneth Herman filed suit against the Clio Area Schools.
On Friday July 27, 2018, The 4-3 ruling upheld a 2016 ruling by the Michigan Court of Appeals which came to the same conclusion.
Jim Makowski, the attorney for Michigan Gun Owners and Wong, said the decision saddens him because he believes it will do nothing to improve school safety.
“Now criminals can be confident that most school districts are not going to allow firearms on property,” Makowski said. “Now we’ve just created a whole bunch of soft targets that are not going to be protected by an individual with a firearm.”
“Safety is our first and our primary duty, even before our critical mission of teaching and learning,” said Ann Arbor Public Schools Superintendent Jeanice Swift:.
That’s why the district, and its board, pushed the policy.
The hazards that may be present in the marihuana industry highlight the need for careful attention to safety and health at all facets of the businesses.
Not all items listed in this guide may be present at a medical marijuana facility. Conversely, there may be additional ones not listed on this guide that may be present. This guide is intended to provide a starting point for the identification and control of occupational safety and health hazards in this evolving industry.
Identifying and controlling workplace risk begins with an effective Safety and Health Management System.
Some Potential Safety and Health Hazards
Carbon dioxide used to enrich growing environment.
Chemicals used as plant nutrients.
Chemicals used to clean and sanitize equipment.
Chemicals used to extract essential oils from plant materials.
Dusts from growing or processing environments.
Noise from growing and processing equipment, i.e. generators or processing machinery.
This advisory bulletin does not constitute legal advice and is subject to change. Licensees are encouraged to seek legal counsel to ensure their operations comply with the Medical Marihuana Facilities Licensing Act and associated
Emergency Rules.
30-Day Transition Period (Emergency Rule #20)
Emergency Rule 20 allows for a transition period of 30 calendar days during which marihuana product can be entered into the statewide monitoring system to ensure statewide tracking. These 30 days begin on the day a state operating license is issued to a licensee for the first time (the only exception is for additional licenses issued to the same license holder for a stacked license after a first license has already been issued).
Within those 30 days, a licensee shall:
Comply with ALL testing requirements as prescribed by the act and rules, including moisture content, potency analysis, foreign matter inspection, microbial and mycotoxin screening, chemical residue, metals screening, residual solvents levels and water activity.
Record all marihuana product in the statewide monitoring system and tag or package all inventory that has been identified in the statewide monitoring system.
The above requirements pertain to all marihuana and marihuana-infused products remaining in inventory at the time of licensure.
After the 30-calendar-day period, any marihuana product that has not been identified in the statewide system under these rules and the Medical Marihuana Facilities Licensing Act (MMFLA) is prohibited from being onsite at a marihuana facility.
A violation of this rule may result in sanctions and/or fines. At any time during this 30-calendar-day period, and thereafter, a marihuana facility is subject to inspection.
Additional information relating to the statewide monitoring system can be found in the This advisory bulletin does not constitute legal advice and is subject to change. Licensees are encouraged to seek legal counsel to ensure their operations comply with the Medical Marihuana Facilities Licensing Act and associated
Emergency Rules.
MMFLA Sections 501 and 502 provide that growers and processors must use a secure transporter to transport marihuana unless the facilities are within the same location and public roadways are not used.
Additionally, the MMFLA specifies that – prior to Dec. 31, 2018 – growers and processors have 30 days once their license is issued to transfer marihuana plants, seeds, and seedlings if they are lawfully possessed by an individual formerly registered as a primary caregiver who is an active employee of the grower or processor.
This 30-day period coincides with the 30-calendar-days given for licensees to enter items into the statewide monitoring system.
Updated Forms for Medical Marihuana Registry Identification Card Now Available
July 9, 2018 – Updated MMMP Form.
Michigan residents may apply for a Michigan Medical Marihuana Program Registry Identification Card if they have been diagnosed with any of the 11 new qualifying conditions approved today by LARA Director Shelly Edgerton.
Updated application packets for Michigan residents 18 years and older and for those under the age of 18 are now available on the Bureau of Medical Marihuana Regulation (BMMR) website. The following conditions have been added to the physician certification form in the updated application packet:
Arthritis
Autism
Chronic Pain
Colitis
Inflammatory Bowel Disease
Obsessive Compulsive Disorder
Parkinson’s
Rheumatoid Arthritis
Spinal Cord Injury
Tourette’s Syndrome
Ulcerative Colitis
Applicants are reminded of the following when applying for a registry identification card:
Patients should only send one complete application and then wait for a response from BMMR. If duplicate applications or miscellaneous documents are submitted, the application may be denied, or its processing delayed.
Patients should not allow other individuals or third parties to submit their applications or any other documents to the MMMP as patients will be unable to determine when or if their applications were submitted.
Patients should not allow other individuals or third parties to retain copies of their documents, state-issued driver licenses, personal identification cards, or voter registrations as that increases the possibility of fraudulent submissions.
The Michigan Medical Marihuana Program (MMMP) is not affiliated with any third-party business operations, “dispensaries,” provisioning centers, caregivers, or certifying physicians and is not associated with any business operation that uses the terms “Michigan Medical Marihuana Program” or “MMMP” in their name or advertising.
Applicants often receive inaccurate information from third parties that result in their applications being delayed or denied.
Third-party business operations which tell patients that their application and physician certification serve as a temporary registration card are putting the patients at risk of possible arrest. According to state law, patients or caregivers must present their valid registry identification card and a valid driver license – or government-issued identification card with photo – to law enforcement to be protected from arrest.
BMMR recommends that applicants wait until they receive a registry card before engaging in the medical use of marihuana.
While there are currently no licensed provisioning centers in the state of Michigan, patients who wish to acquire medical marihuana or medical marihuana-infused products from licensed provisioning centers in the future will need to present a valid registry identification card at the time of purchase.
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry.