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Michigan cherishes the Second Amendment, but it’s important to remember that this right isn’t absolute. Certain actions or circumstances can lead to its temporary or permanent loss. Understanding these situations and potential avenues for restoration is crucial for responsible gun ownership.
This post provides a general overview and isn’t a substitute for legal advice.
If you face gun rights restriction or seek restoration, consulting with a qualified attorney familiar with Michigan gun laws is highly recommended.
By understanding the potential limitations and restoration processes, responsible gun owners in Michigan can safeguard their Second Amendment rights and exercise them safely and lawfully.
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A bill enacted into California law in 2024 prohibits employers from discriminating against individuals based on their off-duty and off-site use of cannabis, as it relates to their employment.
The bill provides an extra level of safeguard for marijuana users in California, but does it suggest a full prohibition on employers conducting marijuana tests in the state?
The new law, Assembly Bill 2188, clearly states that employers cannot terminate employees based on the presence of cannabis in their hair, blood, or urine. Furthermore, it is now against the law for employers to inquire about an applicant’s consumption of cannabis or marijuana.
This means that individuals who have previously used marijuana cannot face penalties for their past use. Furthermore, individuals are protected from any penalties for using marijuana outside of the workplace and during non-working hours.
AB 2188 often mentions the “psychoactive” properties of cannabis Defined by the World Health Organization as this -> Definition <.
While the bill provides certain protections, it remains illegal to be under the influence of marijuana or bring it into the workplace.
AB 2188 mandates drug tests that specifically target impairing effects. It is crucial to note that standard marijuana tests do not identify any factors that could negatively impact an employee’s performance.
While it is widely acknowledged that employees should not arrive at a worksite while under the influence or impaired, it is important to note that most cannabis tests only indicate the presence of the nonpsychoactive cannabis metabolite.
These test results do not demonstrate any correlation with job impairment. However, it is crucial to maintain a responsible and safe working environment by prioritizing employee well-being and adhering to workplace policies regarding substance use and impairment.
However, it should be noted that there are additional types of tests that are allowed and these tests do not assess the existence of nonpsychoactive cannabis metabolites.
The purpose of drug tests is to identify potentially impaired employees. These tests include impairment tests that measure an individual employee’s performance against their own baseline, as well as tests that detect the presence of THC in an individual’s bodily fluids, as indicated by the bill.
This law does not apply to employers in the building and construction trades or employees hired for “positions that require a federal government background investigation.”
Additionally, state and federal laws remain that test applicants and employees for controlled substances.
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Komorn Law 248-357-2550
Here’s the California Law below and the link here
An act to add Section 12954 to the Government Code, relating to employment.
[ Approved by Governor September 18, 2022. Filed with Secretary of State September 18, 2022. ]
LEGISLATIVE COUNSEL’S DIGEST
AB 2188, Quirk. Discrimination in employment: use of cannabis.
Existing law, the California Fair Employment and Housing Act, protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The act prohibits various forms of employment discrimination and empowers the Civil Rights Department to investigate and prosecute complaints alleging unlawful practices.
This bill, on and after January 1, 2024, would also make it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person, if the discrimination is based upon the person’s use of cannabis off the job and away from the workplace, except for preemployment drug screening, as specified, or upon an employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. The bill would exempt certain applicants and employees from the bill’s provisions, including employees in the building and construction trades and applicants and employees in positions requiring a federal background investigation or clearance, as specified. The bill would specify that the bill does not preempt state or federal laws requiring applicants or employees to be tested for controlled substances as a condition of employment, receiving federal funding or federal licensing-related benefits, or entering into a federal contract.
DIGEST KEY
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no
BILL TEXT
THE “PEOPLE” OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1.
The Legislature finds and declares both of the following:
(a) Tetrahydrocannabinol (THC) is the chemical compound in cannabis that can indicate impairment and cause psychoactive effects. After tetrahydrocannabinol is metabolized, it is stored in the body as a nonpsychoactive cannabis metabolite. These metabolites do not indicate impairment, only that an individual has consumed cannabis in the last few weeks.
(b) The intent of drug tests is to identify employees who may be impaired. While there is consensus that an employee should not arrive at a worksite high or impaired, when most tests are conducted for cannabis, the results only show the presence of the nonpsychoactive cannabis metabolite and have no correlation to impairment on the job.
(c) As science has improved, employers now have access to multiple types of tests that do not rely on the presence of nonpsychoactive cannabis metabolites. These alternative tests include impairment tests, which measure an individual employee against their own baseline performance and tests that identify the presence of THC in an individual’s bodily fluids.
SEC. 2. Section 12954 is added to the Government Code, to read:
12954. (a) It is unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalizing a person, if the discrimination is based upon any of the following:
(1) The person’s use of cannabis off the job and away from the workplace. This paragraph does not prohibit an employer from discriminating in hiring, or any term or condition of employment, or otherwise penalize a person based on scientifically valid preemployment drug screening conducted through methods that do not screen for nonpsychoactive cannabis metabolites.
(2) An employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.
(b) Nothing in this section permits an employee to possess, to be impaired by, or to use, cannabis on the job, or affects the rights or obligations of an employer to maintain a drug- and alcohol-free workplace, as specified in Section 11362.45 of the Health and Safety Code, or any other rights or obligations of an employer specified by federal law or regulation.
(c) This section does not apply to an employee in the building and construction trades.
(d) This section does not apply to applicants or employees hired for positions that require a federal government background investigation or security clearance in accordance with regulations issued by the United States Department of Defense pursuant to Part 117 of Title 32 of the Code of Federal Regulations, or equivalent regulations applicable to other agencies.
(e) This section does not preempt state or federal laws requiring applicants or employees to be tested for controlled substances, including laws and regulations requiring applicants or employees to be tested, or the manner in which they are tested, as a condition of employment, receiving federal funding or federal licensing-related benefits, or entering into a federal contract.
(f) This section shall become operative on January 1, 2024.
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Michigan’s history with impeachment is relatively short, with the first and only instance occurring in 1975 against Governor William Milliken.
However, the process outlined in the state’s constitution and further detailed in the Michigan Compiled Laws Act 62 of 1872 remains a relevant and important safeguard against misconduct by public officials.
Take a dive into the impeachment rules and laws in Michigan
As per MCL Act 62, impeachment in Michigan can be initiated against any state officer, including the governor, lieutenant governor, secretary of state, attorney general, and justices of the supreme court.
The grounds for impeachment are outlined in the Michigan Constitution, Article IX, Section 7, and encompass a range of offenses, including:
The impeachment process in Michigan is a two-stage procedure:
1. House of Representatives:
The process begins in the House of Representatives, where a majority vote is required to initiate an impeachment inquiry.
If the inquiry finds sufficient evidence of wrongdoing, the House can vote to impeach the official by a two-thirds majority.
Upon impeachment, the official is suspended from office until the Senate trial.
2. Senate Trial:
The Senate then conducts a trial, presided over by the Chief Justice of the Supreme Court.
Both the House and the impeached official are represented by counsel and have the right to present evidence and witnesses.
A two-thirds majority vote in the Senate is required to convict the official and remove them from office.
MCL Act 62 provides further details and procedures related to the impeachment process. It outlines:
The specific steps involved in forming an impeachment inquiry committee in the House.
The rules of evidence and procedure during the Senate trial.
The potential consequences of conviction, including removal from office and disqualification from holding future public office.
6.1 Impeachment of civil officers; power of house, suspension; vacancies.
Sec. 1.
6.2 Impeachment; trial by senate, judgment.
Sec. 2.
6.3 Impeachment; prosecution by house.
Sec. 3.
6.5 Impeachment; appearance and answer of accused.
Sec. 5.
6.6 Impeachment; counsel for accused.
Sec. 6.
6.7 Impeachment; trial, time, place, adjournment.
Sec. 7.
6.8 Impeachment; acquittal.
Sec. 8.
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Komorn Law 248-357-2550
6.9 Impeachment; president of senate, notice to senate.
Sec. 9.
6.11 Impeachment; duties of secretary; record of proceedings, oaths.
Sec. 11.
6.12 Impeachment; senate appointment and removal of subordinate officers.
Sec. 12.
6.13 Impeachment; powers of managers, rights of process.
Sec. 13.
6.14 Impeachment; senate rules and regulations.
Sec. 14.
6.15 Impeachment; compensation of members of court, managers, and other officers; payment.
Sec. 15.
6.16 Application of act.
Sec. 16.
Index and Information Source
History: 1872, Act 62, Imd. Eff. Mar. 30, 1872
Document | Type | Description |
Section 6.1 | Section | Impeachment of civil officers; power of house, suspension; vacancies. |
Section 6.2 | Section | Impeachment; trial by senate, judgment. |
Section 6.3 | Section | Impeachment; prosecution by house. |
Section 6.4 | Section | Impeachment; organization of senate as court, oaths, attendance of members. |
Section 6.5 | Section | Impeachment; appearance and answer of accused. |
Section 6.6 | Section | Impeachment; counsel for accused. |
Section 6.7 | Section | Impeachment; trial, time, place, adjournment. |
Section 6.8 | Section | Impeachment; acquittal. |
Section 6.9 | Section | Impeachment; president of senate, notice to senate. |
Section 6.10 | Section | Impeachment; writs and process, signing and testing, enforcement. |
Section 6.11 | Section | Impeachment; duties of secretary; record of proceedings, oaths. |
Section 6.12 | Section | Impeachment; senate appointment and removal of subordinate officers. |
Section 6.13 | Section | Impeachment; powers of managers, rights of process. |
Section 6.14 | Section | Impeachment; senate rules and regulations. |
Section 6.15 | Section | Impeachment; compensation of members of court, managers, and other officers; payment. |
Section 6.16 | Section | Application of act. |
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In any society, maintaining peace and order is paramount. Michigan, like other states, has specific laws in place to address situations of public unrest and violence.
To understand the legal framework and potential consequences of riot-related activities in the state you must read the law. Also understand that the laws can be interpreted and twisted in many ways to fit the prosecutions narrative and agenda depending on who you are and what you were taking a stand for.
Note: Other charges will be piled on these charges but we are just talking about the rioting laws in Michigan here.
Michigan Compiled Laws (MCL)
Chapter 750
RIOTS AND RELATED CRIMES
Act 302 of 1968
Sec. 1.
Sec. 2.
752.542a Riot at state correctional facility.
Sec. 2a.
Sec. 3.
752.544 Violation as felony; penalty.
Sec. 4.
Sec. 5.
Sections 521 and 522 of Act No. 328 of the Public Acts of 1931, being sections 750.521 and 750.522 of the Compiled Laws of 1948, are repealed.
History: 1968, Act 302, Imd. Eff. July 1, 1968
750.521-750.522 Repealed. 1968, Act 302, Eff. July 1, 1968.
Compiler’s Notes: The repealed sections pertained to riots and unlawful assemblies; duty of officials to disperse; arrest on failure to disperse.
(Similar to qualified immunity one would guess but more likley because the purpose could be beneficial to one group and not another)
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Index and Information Source
Document | Type | Description |
Section 752.541 | Section | Riot. |
Section 752.542 | Section | Inciting to riot. |
Section 752.542a | Section | Riot at state correctional facility. |
Section 752.543 | Section | Unlawful assembly. |
Section 752.544 | Section | Violation as felony; penalty. |
Section 752.545 | Section | Repeal. |
Section 752.546 | Section | Effective date. |
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Past defendants may have grounds to fight their prior convictions.
Since the act’s passage in 2018, the outdated 1978 law has led to the charging and conviction of over 3,500 individuals, as per analysis shared by Michigan Supreme Court spokesperson John Nevin with MLive. A total of 1,072 people have been convicted under this law.
Those defendants may have grounds to fight their prior convictions.
From MLIVE
Attorney Michael Komorn of the Komorn law firm specializes in cannabis defense and currently has several clients charged under felony marijuana possession laws.
In light of the Court of Appeals ruling, he plans to file motions requesting those charges be reduced to misdemeanors. Komorn said most prosecutors and police have already placed a low priority on marijuana enforcement, except for “certain pockets” of the state. “They’ll raid like the old days, come in with guns and masks and go through that whole process,” he said, “but their dilemma is, how do we charge somebody.
What, do you get charged with a misdemeanor? “I have a number of cases where they’ve seized property and not charged anybody. And you can only reap the benefits of forfeiture if you get a felony conviction.”
If you are facing any charges related to marijuana.
Call us only if you want to fight them…that’s what we do
TIP: We get calls all the time with people who regret hiring a lawyer to represent them for cannabis related charges that didn’t know squat about the laws. One shouldn’t have to tell them about the law before they convince you to plea. Hire right the first time because you may not get a second chance to fix it! Ask the attorney questions.
The appellate court reviewed a case that arose from an August 2020 raid in Tuscola County. This raid was conducted by the state police-led Thumb Narcotics Unit, which operates across Huron, Tuscola, Sanilac, and Lapeer counties.
Tuscola County prosecutors have charged Kejbou with two crimes related to the 1978 drug law. This law stipulates that individuals found in possession of less than 20 marijuana plants may face a maximum sentence of four years in prison, while those possessing over 200 plants could face up to 15 years of imprisonment.
Based on the aforementioned felony charges, the Tuscola County Prosecutor’s Office further filed charges against Kejbou for the offense of possession of a firearm in connection with the commission of a felony.
The unanimous ruling by the three-judge Court of Appeals panel concludes that the case should be prosecuted under the Michigan Regulation and Taxation of Marijuana Act (MRTMA).
Violations for exceeding allowed amounts range from civil infractions to misdemeanors.
As the act states,“subject to imprisonment unless the violation was habitual, willful, and for a commercial purpose or the violation involved violence,”
The panel determined that felony punishments were not applicable.
Officially, cannabis still remains federally prohibited under the Controlled Substances Act as a Schedule I substance. This classification is reserved for substances that are considered to lack any currently accepted medical use and have a high potential for abuse.
However, the U.S. Department of Health and Human Services recommended in August that cannabis be moved from Schedule I to Schedule III.
It’s an election year open the panderverse portal.
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