Michigan Supreme Court ruling on driving with presence of marijuana is a major MMMA break through.
By Michael Komorn
Rodney Lee Koon was charged in the 86th District Court with operating a motor vehicle with any amount of a schedule 1 controlled substance in his body. When he was stopped for speeding, he informed the officer that he was a medical marijuana patient and admitted that he had smoked marijuana five to six hours earlier.
After a blood test revealed that Koon had THC in his bloodstream when operating the vehicle, the court concluded that his registration under the Michigan Medical Marihuana Act, MCL 333.26421 et seq., protected him from prosecution under MCL 257.625(8) unless the prosecution could prove that the defendant was actually impaired by the presence of marijuana in his body.
The ruling was affirmed by the Grand Traverse Circuit Court, concluding that the Michigan Medical Marihuana Act superseded the zero-tolerance provision of MCL 257.625(8). The prosecution appealed by leave granted, and the Court of Appeals reversed on grounds that the Michigan Medical Marihuana Act prohibits registered patients from operating a motor vehicle while under the influence of marijuana and reasoning that per MCL 257.625(8) a person is under the influence of marijuana if he or she has any amount of marijuana in his or her body.
Koon sought leave to appeal. In an unanimous opinion per curiam, the Michigan Supreme Court, in lieu of granting leave to appeal and without oral argument held:
The MMMA does not define what it means to be “under the influence,” but the phrase clearly contemplates something more than having any amount of marijuana in one’s system and requires some effect on the person. Thus, the MMMA’s protections extend to a registered patient who internally possesses marijuana while operating a vehicle unless the patient is under the influence of marijuana.
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 onTwitter.
Cannabis Science, Inc. is the front line in pharmaceutical grade medical marijuana research and development.
By Michael Komorn
Cannabis Science, Inc. is a pioneering US biotech company that is developing pharmaceutical cannabis products in its mission to educate the public on the benefits of cannabis. Throughout their mission they have developed and now released a growing list of peer-reviewed, cannabis and cancer references from researchers around the world.
Dr. Robert Melamede, president of Cannabis Science said, “This list of peer-reviewed manuscripts, provides support for the anecdotal observations of an increasing number of patients claiming successful cancer treatment using medical cannabis extracts. The scientific documentation of the anti-cancer and anti-metastatic properties of cannabinoids is a driving force behind behind our long-term goal, to make high quality, effective, reliable and safe cannabis extracts available to the public beyond the borders of current medical marijuana states. We continue to receive a constant flow of patent inquiries as to what treatment options are available. Currently, two Cannabis Science extracts are available in one Colorado-licensed medical marijuana dispensary (Cannabis Therapeutics). One product is grown hydroponically, whereas the second preparation is grown in soil.”
Cannabis Science, Inc. is the front line in pharmaceutical grade medical marijuana research and development. The first formulations will address the needs of patients choosing to use concentrated cannabis extracts to treat their ailments. In time, all Americans will be able to access a safe and effective FDA approved medicine regardless of which state they live in. It is scientifically absurd to maintain that marijuana is a dangerous, addictive drug with no medical value. With no effective lethal dose, Cannabis medicines are significantly safer than aspirin, acetaminophen, and most other over the counter drugs which are responsible for the deaths of thousands of Americans each year.
Cannabis Science, Inc. works with world authorities on phytocannabinoid science targeting critical illnesses, in addition to adhering scientific methodologies to develop, produce and commercialize phytocannabinoid-based pharmaceutical products. They are dedicated to the creation of cannabis-based medicines, both with and without psychoactive properties, to treat disease and the symptoms of disease, as well as for general health maintenance.
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 onTwitter.
For the few months, only established medical marijuana dispensaries will be able to offer marijuana to adults.
By Michael Komorn
Six marijuana regulatory bills were signed into law Tuesday by Colorado’s governor while the state awaits a federal response to recreational marijuana legalization. Without being strict to the point that marijuana sales remain on the black market, the new laws are an attempt to regulate legalized cannabis and keep it away from children.
If you are visiting Colorado and would like to purchase marijuana, you can still do so, but will be limited to a quarter-ounce in a single transaction. The law doesn’t bad adults over 21 from possessing a full ounce, residents or not. These purchasing limits are being perceived as an effort to reduce interstate trafficking and help persuade the federal government not to crack down on recreational sales.
THE POT BUSINESS ISN’T OPEN FOR BUSINESS, YET
For the first few months Colorado’s marijuana industry will be limited to people already licensed to sell or produce medical marijuana. Once the grandfathering period expires, licensees will still need to be Colorado residents for two years, and investors will face residency requirements as well. The residency requirements were added in an effort to prevent Colorado from becoming a production ground for criminal drug cartels.
Colorado tried and failed to establish constant video surveillance of medical marijuana, in what was hoped to be a seed-to-sale tracking system to keep the industry honest. A lack of funds is the primary reason for its failure thusfar, but the agency that oversees marijuana says it has learned its lesson and will have the necessary funds to follow through with seed-to-sale tracking next year.
NOT EVERY TOWN WILL SELL IT
The state’s marijuana infrastructure gives local and county governments broad power to ban retail marijuana sales if they desire, though home growing will still be permitted across the state. Advocates of legalization say the next Colorado political battle to watch will be which communities ban pot shops, prompting the possibility that marijuana sales will be predominantly concentrated in big cities that currently allow retail medical marijuana shops.
MARIJUANA CLUBS AREN’T SAFE
The new marijuana law has been tested in recent months by entrepreneurs in Colorado by opening private clubs that allow communal pot smoking, but no sales, for a membership fee. The legislation attempts to crack down on the spread of this type of cannabis clubs by stating that they’re not exempt from clean indoor air laws, unlike membership cigar clubs.
The state’s new laws aim to prevent youth marijuana use as much as they can. The laws create a new crime of sharing marijuana with someone under 21, an analogy to current delinquency laws and alcohol. In addition, the laws mandate child-proof packaging for marijuana sales and bans varieties of marketing that is thought to appeal to kids, like cartoon characters in ads and packaging. The new 10 percent marijuana sales tax will be used in part on educational campaigns telling people under 21 to avoid the drug.
DON’T SMOKE AND DRIVE
For the first time, following years of debate, Colorado now has a blood-level limit for marijuana and drivers. The law states that juries can presume drivers are too stoned to drive if their blood contains more than 5 nanograms per milliliter of THC. Washington state adopted the same driving standard on the ballot last year, but Colorado left the question to the state Legislature.
Source: House bills 1042, 1238, 1 317, 1318 and 1325, and Senate Bill 283
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 onTwitter.
To continue outlawing the use of a drug shown to have life-saving, anti-cancer benefits that has been used safely as a medication for thousands of years is irresponsible.”
In a recent report, the National Cancer Institute (NCI), part of the Federal government’s National Institutes of Health (NIH), stated that marijuana “inhibited the survival of both estrogen receptor–positive and estrogen receptor–negative breast cancer cell lines.” The same report showed marijuana slows or stops the growth of certain lung cancer cells and suggested that marijuana may provide “risk reduction and treatment of colorectal cancer.”
Referring to the NCI report, Patient Rights attorney Matthew Pappas said, ”The Federal government’s continuing attack on people prescribed medical cannabis by their doctors is hypocritical considering the benefits reported by its own National Cancer Institute.”
Medical Marijuana patients contend that the Federal government and other municipalities are doing their best to prevent them from acquiring cannabis for medical purposes in direct contravention of state laws. “Cities that ban dispensaries are denying patients the ability to obtain a medicine the Federal government’s National Institutes of Health says fights cancer and they’re doing it with the Obama Administration’s help.”
The City of Los Angeles recently repealed its ban of Medical Marijuana collective after city councilman Bill Rosendahl was diagnosed with cancer and prescribed medical marijuana. Rosendahl said to fellow council members about the ban, “You want to kill me? You want to throw me under the bus?”
Additionally, the NCI report examined whether patients who smoke marijuana rather than ingesting it orally are exposed to a higher risk of lung and certain digestive system cancers. According to the government, 19 studies “failed to demonstrate statistically significant associations between marijuana inhalation and lung cancer.”
Within the contents of the report a separate study was identified where 611 lung cancer patients that revealed marijuana was “not associated with an increased risk of lung cancer or other upper aerodigestive tract cancers and found no positive associations with any cancer type.”
The National Cancer Institute also identified in the report a “study of intratumoral injection of delta-9-THC in patients with recurrent glioblastoma” that demonstrated tumor reduction in the test participants.
Pappas said that despite the Federal government sanctioned and authorized NCI report, Congress and the Obama Administration have continued to thwart marijuana research. In a proclaimed effort to undermine state medical marijuana laws, the Office of National Drug Control Policy described “medical” marijuana as a “myth” fueling “troubling misconceptions” in documents found on its website. It appears that the Federal government’s concern lies in creating more chemical drugs, many of which are the subject of various attorney television commercials seeking out those adversely impacted by those drugs.
It is Pappas’ belief that the Drug Enforcement Administration and the Office of National Drug Control Policy continue to assert marijuana is void of medicinal value despite the overwhelming research showing cannabis reduced certain cancer risks and inhibits the growth of tumor cells. Ultimately, the Federal government’s anti-marijuana position contributes to and encourages prejudice and public misconception about the legitimate use of medical cannabis as viable treatment for seriously ill patients.
Separate research reported marijuana appears to have “profound nerve-protective and brain-enhancing properties that could potentially treat many neurodegenerative disorders.” In its report, the National Cancer Institute stated cannabis effectively treats insomnia and referenced a placebo-controlled study in cancer patients showing increased quality of sleep and relaxation in those treated with tetrahydrocannabinol, an active component in marijuana.
To continue outlawing the use of a drug shown to have life-saving, anti-cancer benefits that has been used safely as a medication for thousands of years is irresponsible.”
In the two-minute video, Rosendahl was extremely positive and optimistic as he thanked his support group, “incredible” doctor and of course, medical marijuana.
“Medical marijuana has saved my life,” says Rosendahl, a known proponent for the healing powers of prescribed pot.
The man who represents L.A’s 11th District was diagnosed with Stage IV cancer in July of 2012 and was told he would not live to see the November election.
Michael Komorn is recognized as a leading expert on the Michigan Medical Marihuana Act. He is the President of the Michigan 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.
