In a lawsuit served this week to the Michigan Board of Pharmacy and its chairwoman, Nichole Cover, the plaintiffs claim the current law that issues medical marijuana cards to patients and licenses dispensaries is contradictory to the state’s Controlled Substance Act that classifies the drug as contraband. Because of that, they say its status violates their due process and equal protection rights and freedom from unreasonable searches and seizures.
“It’s not a Schedule 1 drug,” Sinclair told The Detroit News. “It’s been legalized by the citizens and approved by the state. There are thousands that take it and licenses to sell marijuana. That’s why it needs to be corrected in my opinion.”
A Schedule 1 classification refers to substances that have no currently accepted medical use and a high potential for abuse. It includes drugs such as heroin and ecstasy. The Michigan Board of Pharmacy determines the scheduling.
The lawsuit focus on the 2016 Medical Marihuana Facilities Licensing Act in which the state legislature granted the state permission to license marijuana businesses. The state Licensing and Regulatory Affairs Department’s Medical Marihuana Licensing Board began issuing licenses for businesses to grow, process, transport and sell medical marijuana last spring.
As a result, the plaintiffs that include medical patient Josey Scoggin, physician Dr. Christian Bogner, pharmacist Paul Littler, the National Organization for the Reform of Marijuana Laws of Michigan Inc. and theMichigan Medical Marijuana Associationclaim marijuana’s Schedule 1 listing is repealed by implication.
Michael Komorn, one of the attorneys for the plaintiffs, stated: “This is not a controlled substance.” He added “The idea that someone would be growing an opioid … and bringing it to a pharmacy because they were running low on their meds is the scenario that would have to exist in order for marijuana to remain as a scheduled drug.”
Poet and activist John Sinclair has been a cannabis activist in Michigan for more than 50 years. He stated: “For 80 years they’ve been locking people up and taking their possessions and harassing and terrorizing us as citizens because we like to smoke weed,” adding “I want to be part of every effort to completely remove the police from our lives regarding marijuana. They’ve got nothing at all to do with marijuana.”
The lawsuit argues that Michigan laws recognize the medical benefits of marijuana, and yet the Michigan Board of Pharmacy continues to list marijuana as a Schedule 1 drug — a designation that means it has no accepted medical benefits and has a high potential for abuse.
“The Michigan Department of Attorney General is in the process of reviewing and preparing a response to the complaint,” according to a statement from spokeswoman Kelly Rossman-McKinney.
The “absurdity” of the legal conflict between theMedical Marihuana Facilities Licensing Actand the Public Health Code has to be addressed, said Michael Komorn, one of the attorneys behind the case.
“It’s intellectually dishonest,” Michael Komorn ofKomorn Lawsaid.
The Michigan Supreme Court in 1972 noted in the opinion that overturned Sinclair’s conviction that “not only that there is no rational basis for classifying marijuana with the ‘hard narcotics’, but, also, that there is not even a rational basis for treating marijuana as a more dangerous drug than alcohol.”
Federally, marijuana remains listed as a Schedule 1 Controlled Substance and its use remains illegal. The U.S. Attorney General’s office has declined to prosecute states or businesses that have launched medical and recreational marijuana programs. President Donald Trump’s nominee for attorney general, Bill Barr, has said he’ll continue that approach — but believes overarching change is needed.
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March 11, 2019 – The Department of Licensing and Regulatory Affairs (LARA) has approved adding Cerebral Palsy to the list of debilitating medical conditions set forth in the Michigan Medical Marihuana Act of 2008.
Cerebral Palsy was approved by LARA after the Medical Marihuana Review Panel members unanimously recommended approval.
LARA also denied the condition of Chronic Aggressive Behavior after panel members unanimously recommended denial.
The Medical Marihuana Review Panel made their recommendations to the department after receiving citizen comments in February related to the petitions to add these conditions to the list of debilitating medical conditions identified in the Michigan Medical Marihuana Act (MCL 333.26423). The approval or denial of the petitions by the department are considered final department actions.
Effective immediately, Cerebral Palsy is now added to the following current list of debilitating medical conditions already approved for medical marijuana in Michigan:
Acquired Immune Deficiency Syndrome
Agitation of Alzheimer’s disease
Amyotrophic Lateral Sclerosis
Arthritis
Autism
Cancer
Chronic Pain
Colitis
Crohn’s Disease
Glaucoma
Hepatitis C
Inflammatory Bowel Disease
Nail Patella
Obsessive Compulsive Disorder
Parkinson’s Disease
Positive status for Human Immunodeficiency Virus
Post-Traumatic Stress Disorder
Rheumatoid Arthritis
Spinal Cord Injury
Tourette’s Syndrome
Ulcerative Colitis
A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:
Cachexia or Wasting Syndrome
Severe and Chronic Pain
Severe Nausea
Seizures, including but not limited to those characteristic of epilepsy
Severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis
Washington, D.C. – The House Judiciary Committee today approved by voice vote the Medical Cannabis Research Act of 2018 (H.R. 5634). This narrowly tailored, bipartisan bill is designed to facilitate and encourage federally-approved clinical trials testing the potential medicinal effects of chemicals found in the marijuana plant.
Specifically, the Medical Cannabis Research Act increases the number of federally-approved manufacturers of research-grade marijuana from one to three, and would set strict criteria for those manufacturers to obtain and renew their registrations. Currently, only the University of Mississippi is permitted to grow research-grade marijuana.
The legislation also makes clear under the law that Department of Veterans Affairs health care providers are allowed to provide information about federally-approved cannabis clinical trials to their veteran patients. By providing both a sufficient supply of research-grade product and a sufficient supply of people to participate, this bill will help produce scientific data about whether or not the chemicals in marijuana can be medically helpful.
Congressman Matt Gaetz (R-Fla.), chief sponsor of the Medical Cannabis Research Act, and House Judiciary Committee Chairman Bob Goodlatte (R-Va.), an original cosponsor of the bill, praised today’s approval of the legislation in the statements below.
Charged with distracted driving or driving under the influence of marijuana or alcohol? Contact Komorn Law for a free case evaluation800-656-3557.
Chairman Goodlatte: “While there are many varying opinions on the issue of marijuana, one thing we all can agree on is that we need qualified researchers to study the science to determine if there are any potential medicinal benefits to chemicals derived from cannabis. I thank Congressman Gaetz for working with me on crafting the Medical Cannabis Research Act to improve and encourage the study of medical marijuana. I applaud the House Judiciary Committee for approving this bipartisan bill today.”
Congressman Gaetz: “I am glad that the Judiciary Committee has reported the Medical Cannabis Research Act favorably, sending it to the House for a vote. For too long, Congress has faced a dilemma with cannabis-related legislation: we cannot reform cannabis law without researching its safety, its efficacy, and its medical uses — but we cannot perform this critical research without first reforming cannabis law. The Medical Cannabis Research Act helps break that logjam, allowing researchers to study medical cannabis without fear of legal jeopardy. I am grateful for the support of Chairman Bob Goodlatte, who was instrumental in developing this legislation, and for the committee’s bipartisan vote to support medical research. This vote will help unlock American innovation and discovery, and help researchers bring the cures of the future a little closer to reality.
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry.
If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, etc. Please contact our office and ensure you’re defended by an experienced lawyer in the evolving laws.
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.
Cannabis produces a variety cannabinoid compounds many of which have not been detected in any other plant.
Most of them are present at very low levels, especially in commercial cannabis products, making it difficult for scientists to accurately detect them.
Cannabis synthesizes several cannabinoid acids . These acids are created, usually by heat, to yield the compounds that most are after (THC or CBD). But in addition to THCA and CBDA, there are number of related cannabinoids that can be produced by Cannabis.
These are:
Click the item to read in depth detail from the .gov chemical database.
Right now smoking medical cannabis prevents people from benefiting from federal housing.
The “Marijuana in Federally Assisted Housing Parity Act of 2018” introduced by Rep. Eleanor Holmes Norton (D-D.C.) will protect people who use medical marijuana.
It’s an ambitious bill prompted by a D.C. resident’s need for cannabis medication who lives in federally assisted housing.
Currently no matter the state law using cannabis products blocks someone from benefiting from federal housing which in many cases means the difference between the streets and a home.
The D.C. resident’s name is Sondra Battle and Rep. Homes Norton is calling the Bill, “Sondra Battle Cannabis Fair Use Act.” Clearly, the Representative is greatly moved by Battle’s story and sees the healing benefits of cannabis as big enough to supersede Federal law in states that already allow for medical or recreational marijuana.
Rep. Holmes Norton declared, “Residents like Sondra should not fear eviction from federally assisted housing simply for using cannabis to treat their medical conditions.”
The scientific name for cannabinoid is known as phytocannabinoid.
The human endocannabinoid system is found throughout the body, dispersed within our connective tissue, glands, brain, immune cells and organs.
Research has shown that receptors within this system react positively to cannabinoid compounds, resulting in a myriad of therapeutic benefits on the body.
Some of the most effective cannabinoid compounds for the human body include:
Tetrahydrocannabinol (THC)
THC, also known as Delta(9)-tetrahydrocannabinol, is the primary psychoactive compound found within the cannabis plant.
In other words, THC is the component known to make you ”high.”
THC is a cannabinoid most commonly found in the female cannabis flower, but can also be found in the male plant.
THC is only an acid compound with the cannabis plant and must be synthesized to harness its medicinal benefits.
THC is not only effective as a psychoactive but is well-known for its benefits in managing chronic pain and other ailments.
This cannabinoid is also known to help with the management of diseases such as Alzheimer’s, multiple sclerosis, Parkinson’s, Epilepsy, Cancer, Crohn’s disease, cancer, and PTSD.
Tetrahydrocannabivarin (THCv)
A sibling of THC, this is a form of cannabinoid that actually works simultaneously with the THC compound.
THCv carries a far less potent psychoactive effect than THC however, with researchers claiming it yields about 20% of the same effect as THC.
This cannabinoid is actually known to reduce some of the negative psychoactive effects of THC.
Like many other cannabinoids, THCv works best in tandem with other cannabinoid components.
Just some of the medicinal benefits of THCv include anti-convulsant properties, it works as a neuroprotective and helps to promote weight loss.
Cannabidiol (CBD)
The most famous and highly popularized of them all, cannabidiol, carries with it a host of incredible benefits on the body.
This cannabinoid compound is not popular for no reason and is fast becoming a preferred form of treatment for many ailments, worldwide.
Unlike THC, CBD does not carry psychoactive properties, making it all the more popular is it carries little to no side-effects.
CBD has become incredibly popular because it allows its consumers to carry-out their everyday lives, while reaping the benefits of its healing properties.
For many decades, medical cannabis has been overlooked as a form of treatment because of the negative stigma of its psychoactive properties.
However, research has shown that its medicinal value is second-to-none, without experiencing any psychoactive side-effects.
Currently, CBD can be consumed any many different forms including CBD oil, through vaping, CBD tablets or CBD ointment.
This cannabinoid compound is being used to treat a plethora of illnesses, with great success.
Some of these include epilepsy, cancer, chronic pain, migraine management, diabetes, cardiovascular disease, depression, anxiety and more.
Cannabinol (CBN)
Cannabinol may not be as well-known as both THC and CBD, but this cannabinoid also offers numerous health benefits.
Cannabinol is not found in fresh cannabis flowers, but is actually derived from stale cannabis plant buds.
This may sound bizarre, but as a cannabis plant ages, cannabinol develops and becomes all the more potent.
Cannabinol is actually a broken down compound of THC, therefore it also offers psychoactive effects. Essentially, as THC ages, so cannabinol develops.
If you leave cannabis plant buds to dry and age, the THC properties develop into what is known as CBN.
While this cannabinoid is not necessarily ideal for everyday alertness and function, it has several health benefits:
Stimulates the appetite – ideal for those undergoing chemotherapy or radiation treatment
Works as an antibiotic
Delays and eases symptoms of neural diseases such as ALS
Chronic pain relief
Potent anti-inflammatory properties
Works as a natural sedative
Lowers ocular pressure and helps with effects of glaucoma
Despite its psychoactive properties which tend to carry a negative stigma, research has shown that CBN is an incredible natural alternative to a number of ailments.
Cannabichromene (CBC)
CBC is actually the third-most commonly used cannabinoid in the cannabis plant, rolling in after THC and CBD.
In fact, CBC may have a higher prevalence in some cannabis strains over CBD. Just like its cousin, CBC does not carry any psychoactive properties.
Despite this, CBC is known to be more effective as a medical treatment when combined with traces of THC. This suggests that cannabinoids prefer to work synergistically together.
CBC has been found to offer a host of medicinal properties, including:
Used as an effective anti-inflammatory.
Helps to fight cancer-related tumors when combined other cannabinoids.
Works as an anti-depressant.
Carries anti-fungal properties.
Help to encourage brain cell growth, which could help in the management of Alzheimer’s and dementia.
While CBC itself carries these medicinal benefits, it is at its most powerful when combined with other cannabinoids, such as THC and CBD.
Cannabigerol (CBG)
CBD is also a distant cousin of CBD and carries no psychoactive effects, but a host of health benefits instead.
CBG is a cannabinoid which is typically sourced in the early stages of growth in the cannabis plant.
Just some of CBG’s health benefits include:
An effective antimicrobial antibiotic, killing off various bacteria and fungi.
Skin treatment – helping to reduce redness and sooth Psoriasis.
CBG is a potent chronic pain reliever, said to be even stronger than THC.
Helps to slow cancerous tumor growth – most specifically within the field of prostate cancer.
Help to regular mood and acts as an anti-depressant.
Due to its incredible medicinal properties, CBG is a hot topic among researchers and scientists today.
If you currently suffer from any one of these common diseases or ailments, medical cannabis may just be the natural alternative you’re looking for:
