LANSING — Investors with only a small ownership stake in marijuana businesses would escape financial scrutiny, under a bill that received final passage early Friday morning.
Currently, a person with any ownership stake in a marijuana business has to undergo a thorough financial and criminal background check by the state Department of Licensing and Regulatory Affairs or LARA.
The Senate passed a bill last week to change the investigation threshold to anyone with at least a 10 percent ownership interest. People with less than 10 percent interest in the business would still have to go through a criminal, but not a financial background check.
The bills — SB 1262 and 1263 — are intended to streamline the licensing process for state regulators, who have gotten bogged down with investigating businesses featuring dozens of owners.
The original House version of the bill would have put the investigation level at 5 percent, but decided to give final passage to the Senate version of the bill at 4 a.m. Friday morning on a 96-11 vote.
On Thursday, December 20, 2018 President Trump signed the US Farm Bill into law which legalizes hemp a key source of highly touted wellness ingredient CBD.
“The passage of the 2019 Farm Bill is good news because it provides a strong safety net for farmers and ranchers, who need the dependability and certainty this legislation affords,” Agriculture Secretary Sonny Perdue said in a statement after the bill passed the House.
The final bill does include several new changes to the SNAP program, though none will restrict families’ food stamp benefits, according to congressional aides.
The final farm bill provides permanent funding for a number of programs Congress was funding on a temporary basis, five years at a time.
Some of these include: promotional funds for local farmers markets, research money for organic farming, and funds for organizations working to train the next generation of farmers.
The bill also provides permanent funding for veteran and minority farmers.
Bottom Line…The farm bill legalizes the production of hemp.
President Trump legalized the cultivation of industrial hemp Thursday when he signed a widespread, bipartisan farm bill aimed at boosting the agriculture industry.
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.
If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.
Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Contact us for a free no-obligation case evaluation 800-656-3557.
This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information.
5.0 stars Posted by anonymous December 10, 2018 Michael Komorn is a dedicated , professional attorney who goes above and beyond for his clients . He was able to get something dismissed and reduced for our case . I highly recommend him to anyone who needs legal advice or representation. A great attorney !More This review is from a person who hired this attorney.Hired attorney
ALWAYS AVAILABLE! GETS THE JOB DONE!
5.0 stars
Posted by Jane November 14, 2018
Michael Komorn is a lawyer that comes through when you need him. He is always available to answer our questions and immediately gets to work to solve our problems. We have used him many times. He’s the first person we call when anyone has a traffic ticket and we always walk away happy with the results.
THIS WAS MORE SERIOUS AND COULD HAVE BEEN VERY VERY EXPENSIVE! Today we went to court to fight two tickets for dumping in a neighboring city. We had hired and paid an individual with a pickup truck to take away some refuse, appliances and carpet to the dump. We paid for his time and six dumps. A week later we received notice of illegal dumping and we were served to appear in court. Michael helped us prove that we were not guilty and did not dump the items and that we are responsible citizens! Now the court is going after the guy we hired! CASE DISMISSED!!! GO TEAM!
This review is from a person who hired this attorney. Medical Marijuana Victory
5.0 stars
Posted by Uncle Pete November 14, 2018
I have known Michael for years and have been acquainted with him as a fellow activist playing major roles in the Michigan marijuana scene. The common thread we have is humanitarian in nature and shares the philosophy of how information has the power to influence and change lives.
Michael has worked tirelessly to defend patients and caregivers in court as well as dedicated a huge part of his life to the general well being of the state. He does this by making countless efforts in our states capital with legislators as well as by taking many cases to the Michigan Supreme Court. Michael has also claimed a major victory for our nephew in Federal Court regarding medical marijuana and the lack of funds available for federal authorities to arrest and prosecute patients here in MI. United States vs Neece.
This is my third victory in Michigan against bogus marijuana felonies since I become legal in 2010. Michael’s dedication and commitment as my attorney reached far beyond any normal attorney client relationship. I am an extremely passionate and involved client like no other. Michael expressed and displayed more compassion and patience than any professional should be expected to withstand. It is because he cares about us and the people here in Michigan like not other attorney I have ever met.
Nobody can match Michael’s mental capacity or showman skills when he is performing in court. I use those words intentionally because watching Michael work in person is nothing short of watching a mental powerhouse vs mental midgets in comparison.
There are many wonderful attorneys here in MI but none will match the skills combined with love that Michael offered me as a client.
I recommend Michael to anyone that contacts me in MI for any legal situation. If Michael cannot handle it, he always seems to know that best man for the job. The level of security that having Michael on our team offers peace of mind that is crucial in my ability to move forward in such a degraded legal environment we find ourselves in far too often in Michigan courts. If courts and police worked half as hard with 1/10 the integrity of Michael……Michigan would be a far more peaceful place. For now it just appears that way from space. Thank you for all that you do and are Michael.
My family is eternally grateful for your services, your friendship, and above all your love.
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Another win for Michael
5.0 stars
Posted by Dan November 6, 2018
Mike Komorn fought hard to get back my Medical Marijuana rights. His expertise with the court and the law is what won my case. I can now get on with my probation and complete it without the worry of getting in trouble for using a treatment approved by my doctor and the state, but not by all courts.
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Case dismissed!
5.0 stars
Posted by Josh
I got in some trouble involving medical marijuana in November of 2017. A friend recommended I give Michael Komorn a call, so I did. That was the best decision I have made in my 23 years. I truly feel that had I not hired Michael, the outcome would have been drastically different…
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Great lawyer
5.0 stars
Posted by Mark
I’m a medical marijuana patient. Police raided my house and painted me to be a felonious criminal, seized property from me, and ruined my life. I hired Michael cause I heard him on his radio show. This dude is the real deal. He got me out of quite the mess.
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Best MMMP attorney in Michigan!
5.0 stars
Posted by Arun
Michael fought vigorously in my defense. He left no stone unturned. He knew the MMMP laws and cases like the back of his hand and educated the judge on the proper application of the standards. He was ready for combat and prepared for victory. He guided me through a two year legal battle for my freedom and we won! Good guy, big heart, champion of the people!
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Komorn Law wins
5.0 stars
Posted by Al Harrington
The Viola Brand family cannot be more grateful to Michael, Sean and the Komorn team. They went above and beyond expectations and turned a negative situation positive. Michael created a strategy that ultimately lead to the best possible outcome in our case; complete dismissal of all charges, as well as the return of hundreds of thousands of dollars in equipment and assets.
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Case Dismissed
5.0 stars
Posted by anonymous
I was charged with manufacture and intent with distribute. He was very professional and has a great team, they did a great job for me. Michael was very informative and reassuring throughout the whole process. When prosecutors see him coming they run the other way.
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Outstanding performance
5.0 stars
Posted by Andrew May 29, 2018
Attorney Komorn managed to secure my driving privileges for me after an alleged DUI. I was resigned to a minimum 90 day ban, I walked away without a single days suspension, his knowledge and experience were the deciding factor on the day, cannot recommend highly enough.
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ALL CHARGES DISMISSED !
5.0 stars
Posted by Adam May 17, 2018
My Komorn law experience was nothing short of amazing. I was charged with 3 counts of delivery/manufacturing marijuana. All Charges Dismissed! Michael and his team were always ten steps ahead of the prosecution at any given time. Hiring him as my lawyer was the best decision i ever made. Because of Komorn Law i now have my life back.
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Saved by corruption!
5.0 stars
Posted by Tara April 30, 2018
First off I would like to thank Michael and his entire team!!! From the first consultation with Chad and explaining to him my situation and what was happening they were very quick to realize that this is just unjust and unfair and didn’t hesitate to want to help me, he knew Michael would not stand for what was happening! Michael is a very busy man defending people and their rights…
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Great attorney
5.0 stars
Posted by Nate February 9, 2018
Very professional lawyers office…great team…did a great job for me.. I woukd defintaly use again.
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The Best Attorney in Michigan
5.0 stars
Posted by Nicole January 18, 2018
I contacted Michael Komorn to represent me in a case where I was falsely accused of committing a crime. Michael spent as much time that was needed, in person and over the phone, to thoroughly understand my case. After he was hired, he was very punctual and courteous and his team did an amazing job of providing me with updates and interviewing my witnesses. Ultimately, the case…
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The king of clout
5.0 stars
Posted by anonymous January 6, 2018
Michael represented me in a marijuana raid case. He proved my innocence and the case was dismissed without prejudice before advancing into a jury trial. This man is really something special. Knows the ins and outs of the laws better then the people at the court house themselves. A1 a1 a1.
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By far the best and most aggressive
5.0 stars
Posted by anonymous August 16, 2017
Micheal is an amazing attorney i hired him for mmmp case in det every bit of the case was lies and deceit from the dpd. I was wrongfully arrestest and the dpd would not accept the mmmp cards they were not doing there jobs correctly . Micheal was also on the phone on speaker asking to speak to someone and none of the officers would get on the phone with him…. Just a perfect example…
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Ottawa County, Michigan
5.0 stars
Posted by Daniel July 19, 2017
It took months of vetting lawyers’ to land at Komorn Law.
Other lawyers’ recommended the “Komorn team” for my situation.
My case was medical marijuana, in Ottawa County. Beautiful community and a beast of a legal district…
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A true Lawyer
5.0 stars
Posted by Denise July 18, 2017
Michael is a Solomon! Full of wisdom and knowledge. He goes above and beyond Full of passion. When he is in court he gets respect from all, even the Judges. One of the judges in our case told Michael he had not seen a lawyer of his kind in years! Full of integrity. I can not begin to say enough to touch his excellence. Thank you so much for all you have done in bringing us out on top. Gods blessings in your life 100 fold! You are the best!
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A real fighter
5.0 stars
Posted by Melvin July 12, 2017
Michael Komorn and his team are one of the best law firms in Michigan hands down. Not only does he know the laws but he will fight for you like no other. They are thorough to the point and will do what you ask without dropping the ball. A dependable law team.
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Best In Michigan.
5.0 stars
Posted by Sonak June 20, 2017
Michael K a defensive attorney? Yeah Right! More Like OFFENSIVE ATTORNEY! Michael did an absolute tremendous job stickin-it to the lead Detective in my case and found all sorts of lies ending in my case being dismissed! Ive experience a few lawyers in my life and Im truly convinced that Michael is in a league of his own. His swagger in the courtroom is something to witness for…
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Michael Komorn
5.0 stars
Posted by Gabriel June 1, 2017
Michael Komorn was an excellent attorney. He did everything he could do for my case and he is extremely knowledgeable about the law. He genuinely cared about me and my case and got all my charges dropped. I really don’t think any other lawyer could do what Michael has accomplished he is so knowledgeable about the law and very professional. I would recommend Michael Komorn for…
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Excellent
5.0 stars
Posted by Aaron May 23, 2017
Michael Komorn is an amazing lawyer. He helped my get my federal case completely dismissed. Highly recommend him. Thanks again.
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Court Case
5.0 stars
Posted by Roman May 19, 2017
I wish to thank Michael along with his entire team and staff in helping bring my court case to rapid resolution. i.e. a well earned dismissal. The entire office handled my case professionally and worked quickly to reach a just conclusion of an order to dismiss…
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Man of the court room!
5.0 stars
Posted by Justin May 18, 2017
I couldn’t have asked for anymore from a single person, Mr. Komorn provided a team of professionals that all went over and beyond. From Michael, Dewey , Chad and more have helped me thru a long jorney to the greatest possible solution I thank you all from the heart.
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UNBELIEVABLE PROFESSIONALISM & RESULTS
5.0 stars
Posted by Robbie April 2, 2017
Hiring Michael Komorn was the best decision I could have ever made. Michael Komorn & his team is like having the best surgeon in an operating room, HE SAVED MY LIFE. He believed in me just as I fully believed in him the whole time. My greatest surprise from the beginning was he didn’t seem to be doing it for the money. It is his DRIVE & PASSION to stand up for what’s right that…
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Successful section 8 Affirmative Defense
5.0 stars
Posted by Steve & Leslie February 4, 2017
After I was charged in Isabella Co. with 6 Felonies, I knew right away there was no way I was going to hire local council. I knew I had to go down state to get the best. After 2 calls and a consultation, the battle commenced.
I can only describe it as a Rope-a-Dope type of court battle. We took blow after…
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Michael to the Rescue
5.0 stars
Posted by Joseph and Joyce January 8, 2017
If you require legal representation with a medical marijuana case, you need Mr. Michael Komorn and his staff. My wife and I have nothing but superlative and pleasant things to say about Michael. Most Judges and Law Enforcement Agencies do not fully understand the Michigan Medical Marihuana Law because of the conflict with the Michigan Public Health Code for which Marijuana…
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Our hero!!!
5.0 stars
Posted by Mary December 23, 2016
Michael Komorn is a godsend. On January 14th, 2016 our 3 grandchildren were taken by CPS, and our daughter Jen was arrested. For 11 months we fought to get our grandchildren placed with us. Of course the homestudy was not approved. Jens court appointed lawyers did nothing to help her, but tell her to take a plea so she wouldn’t permanently lose her kids. Jen was pregnant and…
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Professional and Effective
5.0 stars
Posted by Nathan November 29, 2016
My family and I hired Michael for a Minor in Possesion. He was able to retain my right to use Medicinal Marijuana while on probation and had the frequency of drug alcohol testing redused significantly. He was extremely well put together both in person and practice. He works with a dedicated team that makes every case personal. Phenomenal people all around, We’re very satisfied with their work.
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Hire Michael Komorn-an attorney whose got your back
5.0 stars
Posted by Jamie Lowell November 12, 2016
Over the years- I have been in a unique position to see arrests, hear extensively about arrests and police encounters, and attend many court hearings concerning cannabis activity.
When I found myself in the position of being charged for crimes concerning…
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Cases dismissed
5.0 stars
Posted by Ryan August 24, 2016
I had two charges in Wayne county. I was facing 6 years in prison. Michael was very informative and reassuring throughout the whole process. I was really nervous at first but, Michael”s attitude and knowledge about the situation made me feel otherwise. He is an amazing lawyer that will fight for you until the end. I would never recommend anyone else. He got both of my cases dismissed…
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best to keep u out of jail
4.0 stars
Posted by Marshall June 17, 2016
Michael was a serious lawyer who went into court and let the judge know he was serious and the charges brought against me were illegal and shld be thrown out immediately after several back and forth court dates Michael decided it was time to file several motions to see exactly how the warrarnt was ever obtained the prosecution decided it was not able to produce the…
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Best around!
5.0 stars
Posted by Lia May 2, 2016
I hired Michael as my lawyer August of 2015 and we finally finished my case April of 2016, throughout the whole process Michael and his team kept me thoroughly updated. I was told not to worry, which is kind of hard, but in the end Michael did everything I asked and to me got the win! Thank you all so much for actually caring about me and making sure I was happy with the outcome!
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Amazing Lawyer!!! A+++ Case Dropped & Highly Recommended
5.0 stars
Posted by Jason March 25, 2016
I would like to thank Mr. Komorn for his wonderful service he provides for the people and amazing job he did on my possession of marijuana misdemeanor case. I am a medical marijuana caregiver who was unlawfully raided by lawnet in Livingston county was not arrested and 6 months later got a charge in the mail for 53rd district court. I immediately did my research and seen all the…
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Wouldn’t go with anyone else!
5.0 stars
Posted by Brad March 24, 2016
The last thing anyone wants to deal with is legal trouble. I was worried when I received my case. Michael put me at ease upon first contacting him. Michael fought for me from the second I hired him. He was able to retrieve assets taken from me. He was able to explain to me all of the possible ways we could approach every aspect of the case. He is an exceptionally knowledgeable…
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Komorn Law Wins
5.0 stars
Posted by Ian March 18, 2016
He took my case in which i was facing 20 to 30 years in felonies and got me results…He stood steadfast knowing we had a real case to fight and did just that…I would recommend him to any one with a true medical marijuana case because he will fight for your rights diligently and get you real results…
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Research no further, call Komorn.
5.0 stars
Posted by anonymous December 31, 2015
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…
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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…
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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.
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.
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…
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.
card carrying member
5.0 stars
Posted by John March 19, 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…
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…
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.
Just a middle aged couple trying to follow the law
5.0 stars
Posted by anonymous 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…
Wow. Thank God for Michael. I was arrested in the Detroit airport for having a prescription pill (one!) that I shouldn’t have had, and before I know it, I’m getting charged with 2 felonies and up to four years of jail time. I couldn’t believe it. Michael was able to get these charges dropped, and helped me stay calm through the whole process. In the end, all I had to do was pay a very small fine…
I was assigned a court appointed defense attorney for a medical marijuana case. The attorney admitted she did not know medical marijuana law and advised me to plea to a criminal charge. I did not think that a plea was in my best interests, but not having an experienced medical marijuana attorney to advise me, I pled no contest. Mr. Komorn was able to come in on the case at…
I don’t know what I would have done without Michael’s help
5.0 stars
Posted by Mark May 21, 2013
I am a medical marijuana patient from a small town. The cops all know who I am and know that I have my card. They busted into my house when a neighbor called and took all my gun and all my medicine. They were trying me for 3 felonies and almost got me to plea to a misdemeanor. I didn’t do anything wrong! I did a little research online and quickly saw that Michael was the most…
Incredibly helpful before I even retained Mr. Komorn. Incredibly knowledgable on Michigan Medical Marijuana laws. I would highly recommend Mr. Komorn to anyone in need of great legal representation pertaining to any Medical Marijuana charges that you may run into with the constant changing and misunderstandings of these laws.
With Much Gratitude
5.0 stars
Posted by Howard December 13, 2012
So i was charged with OUID, which means i was driving a vehicle while intoxicated, when really i wasn’t! The police kept saying that i was under the influence while i was driving but me and my wife kept telling them i wasn’t. They took blood samples and after almost a year finally got back with the results. Komorn and his men were able to tell the court that with the blood sample i…
I was pulled over because i was caught smoking on campus. The cops patted me down and found a pipe and i was charged for possession of marijuana and paraphernalia. Thankfully Micheal came in during the pretrial was able to convince the prosecutors to dismiss the courts. I pleaded as a disorderly person was sentenced to a fine with no probation! Michael Komorn really pulled my…
I was at a bar in East Lansing a few years ago and got involved in a fight after my friend had a few too many. At first I didn’t think I’d even need a lawyer until I met with the prosecutor and he said he was appalled at what he read in the police report. They charged me with Assault and recommended jail time even though I was just trying to break up the fight. I contacted Mike Komorn and…
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.
If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.
Lead attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Contact us for a free no-obligation case evaluation 800-656-3557.
This page is for informational purposes only. Laws, regulations and the world changes routinely therefore we insist you consult an attorney for the most current legal information.
The new Legalization law is for adults 21+, just like alcohol is for adults 21+ in Michigan. Treat marijuana like alcohol, by locking it up at home, not consuming it in public or in cars, not possessing it on school grounds and not giving it to people under 21.
If you have any questions or wish to get into the cannabis business industry, call my office to get started or we can also consult existing businesses to maximize profits and minimize risk 800-656-3557.
Note that the following is not legal advice, just common sense plain readings of the law. If you want legal advice on the new law, please call our office to schedule an appointment.
The Court of Appeals had made absurd results of plain readings of the MMMA law for years until the bad case law opinions were reversed by the Michigan Supreme Court. To err on the side of judiciary absurdity, we will be going with the most conservative reading in order to maximize your protections.
Said another way, “Don’t be the first person to end up in court testing the limits of the laws.”
What are the rules for driving/transporting legal marijuana?
An adult 21+ can transport 2.5 ounces of marijuana in public or in a car, but not on the “grounds of a public or private school where children attend classes in preschool programs, kindergarten programs, or grades 1 through 12, in a school bus, or on the grounds of any correctional facility” (prison, court?, jail).
Do the 2.5 ounces have to be dried? Wet?
There is no requirement in the act for the marijuana to be dried or wet. The MRTMA law has no difference between wet and dry marijuana weight either.
Prosecutors and Courts have gone to absurd results at the “usable marihuana” language in the MMMA. Using technical violations and wording logic, prosecutors have instructed police to arrest patients and caregivers, instead of giving them protections from the law. It remains to be seen what will happen in the future with the new MRTMA law.
What about transporting plants / clones?
The law is silent on this issue. However section 17 states “This act shall be broadly construed to accomplish its intent as stated in section 2 of this act.”
While section 2 states “Sec. 2. The purpose of this act is to make marihuana legal under state and local law for adults 21 years of age or older.” and “The intent is to prevent arrest and penalty for personal possession and cultivation of marihuana by adults 21 years of age or older”
What this means is that, hopefully, police and prosecutors will not bother adults 21+ who transport their 12 clones or seedlings around. But to be safe, you should consider transporting only seeds until the police, attorney general and prosecutors settle down. Will there be a fight or is marijuana legal legal? After seeing the fight against Medical Marijuana for the last 10 years, it is difficult to say.
Arrested for or Charged with DUI or driving under the influence of “drugs”?… Contact Komorn Law 800-656-3557.
I am a MMMA Patient and Caregiver, can I grow my 12 plants in the MMMA with my 12 plants in the new MRTMA law?
To be safe, you should either stick to the MMMA or the MRTMA law and not try to combine them until the new Attorney General and courts have made some opinions on it.
I am a patient, should I keep my card or use MRTMA protections instead?
The MMMA has 10 years of case law and absolute immunities upheld by the Michigan Supreme Court. MRTMA does not. While the language in MRTMA mirrors or is very similar to the MMMA, we cannot predict the future.
MMMA and MMFLA provisioning centers are open right now to sell marihuana to patients and caregivers. MRTMA businesses are not open and will not be open for at least 1 year.
This means that as a patient, you have the ability to buy from a provisioning center now, whereas an adult 21+ does not have that ability.
Also, caregivers are allowed to sell to their registered connected patients. Caregivers are not allowed to sell to adults 21+. This means as an adult 21+ you cannot get marihuana from a caregiver either.
A patient card will increase your ability to acquire marihuana, for at least the next year.
As an adult 21+, I can grow 12 plants?
Yes, per house can only have 12 plants. So if you have 4 adults 21+ at one house, you can still only have 12 plants at that house.
What are the rules on growing 12 plants?
Within the person’s residence … cultivating not more than 12 marihuana plants for personal use, provided that no more than 12 marihuana plants are possessed, cultivated, or processed on the premises at once.
Remember the laws are for personal use of marijuana, you are not growing for others.
You must not allow the public to see your plants, or drying / curing buds, or you trimming plants.
This act does not allow “Cultivating (propagate, breed, grow, harvest, dry, cure, or separate parts of the marihuana plant by manual or mechanical means) marihuana plants if the plants are visible from a public place without the use of binoculars, aircraft, or other optical aids.”
This means you should use crop cloth or privacy screen to make sure no one can see your plants growing, if outdoors.
Drying, curing, trimming, harvesting, growing or breeding plants must be done inside “an enclosed area equipped with locks or other functioning security devices that restrict access to the area”.
How much marijuana am I allowed to keep at home?
2.5 ounces of marijuana unlocked and “excess marihuana is stored in a container or area equipped with locks or other functioning security devices that restrict access to the contents of the container or area.”
Possibly, “excess marihuana” is “not more than 10 ounces of marihuana”. “excess marihuana” could be marijuana gifted by other adults 21+ or bought in MRTMA stores (not yet operational).
AND you are allowed to keep all marihuana produced by your 12 plants on your premises.
“any marihuana produced by marihuana plants cultivated on the premises and cultivating not more than 12 marihuana plants for personal use, provided that no more than 12 marihuana plants are possessed, cultivated, or processed on the premises at once;”
BUT “not more than 15 grams of marihuana may be in the form of marihuana concentrate”. “Marihuana concentrate” means the resin extracted from any part of the plant of the genus cannabis.
“Marihuana” means all parts of the plant of the genus cannabis, growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including marihuana concentrate and marihuana-infused products. For purposes of this act, marihuana does not include:
(1) the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from those stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of germination;
(2) industrial hemp; or
(3) any other ingredient combined with marihuana to prepare topical or oral administrations, food, drink, or other products.
Will this MRTMA legalization law affect the MMMA?
No. the MRTMA law specifically says:
“This act does not limit any privileges, rights, immunities, or defenses of a person as provided in the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430, the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801, or any other law of this state allowing for or regulating marihuana for medical use.”
Where can I smoke marijuana?
Any private property where the owner of the property allows smoking.
Do not smoke in “a public place”, parking lots, parks, rivers, roads, sidewalks etc.
I can give marijuana to my friend?
Gifting of marijuana to other adults 21+ is allowed.
Adults 21+ can legally “giving away or otherwise transferring without remuneration up to 2.5 ounces of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate, to a person 21 years of age or older, as long as the transfer is not advertised or promoted to the public.”
Can my friend help me grow or trim my plants?
Adults 21+ can help other adults 21+ to grow, process, transport, possess, use, trim, extract or other conduct allowed in Section 5.
Sec 5.1 c “assisting another person who is 21 years of age or older in any of the acts described in this section”
Can I use butane to make extracts or wax?
MRTMA bans butane extractions in the “curtilage of any residential structure”.
Sec 4.1 (d) “separation of plant resin by butane extraction or another method that utilizes a substance with a flashpoint below 100 degrees Fahrenheit in any public place, motor vehicle, or within the curtilage of any residential structure”
I have a past conviction for marijuana, can I have my record expunged?
Yes! Even the new incoming governor has said she wants to expunge past marijuana convictions. Call my office today to get prepared and started for when the official expungements begin. 800-656-3557
I want to get a microbusiness license. What are the requirements?
The requirements for licensing have not yet been determined by the department. Since MRTMA was based on MMFLA language, it is speculated that the MMFLA rules will be used.
I am a landlord and do not want my renters smoking marijuana.
The MRTMA law allows you to prohibit smoking of marijuana in your property. “This act allows a person to prohibit or otherwise regulate the consumption, cultivation, distribution, processing, sale, or display of marihuana and marihuana accessories on property the person owns, occupies, or manages, except that a lease agreement may not prohibit a tenant from lawfully possessing and consuming marihuana by means other than smoking.”
My city banned marijuana businesses, the closest location would be 50 miles from me!
Sec 6.1 says in part “Individuals may petition to initiate an ordinance to provide for the number of marihuana establishments allowed within a municipality or to completely prohibit marihuana establishments within a municipality, and such ordinance shall be submitted to the electors of the municipality at the next regular election when a petition is signed by qualified electors in the municipality in a number greater than 5% of the votes cast for governor by qualified electors in the municipality at the last gubernatorial election. A petition under this subsection is subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488.”
Can I take or mail my cannabis to Canada, from Canada, or to or from other states?
No, you really should not. The border crossing area to Canada is federal land and there are currently no protections for recreational marijuana laws in federal law. There is some MMMA protection in the DOJ appropriations blocking the Department of Justice from using funds against state-legal compliant medical marijuana patients.
If you are travelling to another medical or recreational marijuana state, just buy it there. No reason to make a federal case out of it.
Is it ok to leave my cannabis unlocked in my house?
Remember, if a person under 21 can access your marijuana, under current drug case law, he constructively possesses the drug. Which could land that young person in trouble with the law. If you have family in your house, make sure to lock up your marijuana and keep the key or combo to yourself.
What about my 2nd amendment right to own a firearm? Can I also possess marijuana?
The federal government has issued various open letters against people owning firearms with medical marijuana. This also applies to recreational and legalization of marijuana. The senate and house have introduced bills to make this not apply in legal states, however the bills have not been voted on yet.
May I purchase a gun if I am a medical marijuana patient in the database?
The medical marijuana authorization database is in no way connected to any other system and does not affect your right to purchase or carry a gun. However, under federal law, marijuana possession is illegal for both recreational and medical use. The federal law affects gun ownership. It is unlawful for a firearms dealer to sell or give a gun to a person who uses or is addicted to a controlled substance that is illegal under federal law.
All of Michigan falls within the 100 mile international border area, does this mean federal agents can arrest me for possession and or cultivation?
Yes unfortunately. Again, having a patient card will protect you as long as the appropriation rider congress renews is in effect.
What about hemp?
Dec 6th, growing industrial hemp will be legal. LARA shall issue rules and regulations related to the growing and processing of industrial hemp. In order to stay legal and safe, it is advised to use the best practices utilized in other states hemp laws; Including using a known hemp seed source.
If you want to get involved with hemp, please contact Komorn Law.
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.
If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.
Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Contact us for a free no-obligation case evaluation 800-656-3557.
This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information.
