The IRS has a web page for marijuana business owners to pay their taxes. But first…
CCE in Michigan
Marijuana is still a controlled substance schedule 1 in Michigan even though the people voted to legalize it. There is a reason for that some will learn soon enough. Anyhow… The State and the IRS have conspired and Joined the CCE to take their cut.
A CCE in Michigan is a 20 year felony. If you’ve ever been threatened by a prosecutor for a CCE don’t be mad… it is what it is…right…? The times they are a changing…right?
But wait there’s more… prosecutors have to throw racketeering and conspiracy on there too as well as whatever else they can throw against the wall to see what sticks…and you… well you have to defend yourself and the more charges the more you have to pay to defend yourself. It’s a war of attrition and the prosecutors have unlimited funds.
Sec. 159i. (1) A person employed by, or associated with, an enterprise shall not knowingly conduct or participate in the affairs of the enterprise directly or indirectly through a pattern of racketeering activity. (2) A person shall not knowingly acquire or maintain an interest in or control of an enterprise or real or personal property used or intended for use in the operation of an enterprise, directly or indirectly, through a pattern of racketeering activity. (3) A person who has knowingly received any proceeds derived directly or indirectly from a pattern of racketeering activity shall not directly or indirectly use or invest any part of those proceeds, or any proceeds derived from the use or investment of any of those proceeds, in the establishment or operation of an enterprise, or the acquisition of any title to, or a right, interest, or equity in, real or personal property used or intended for use in the operation of an enterprise. (4) A person shall not conspire or attempt to violate subsection (1), (2), or (3).
Sometimes known as The Kingpin Statute or the Continuing Criminal Enterprise Statute (CCE) is a federal law, which is focused on persons who may be considered “drug lords” or maintain a supervisory role in drug trafficking on a substantial basis. The CCE statute usually targets organized crime or drug “kingpins.”
Continuing Criminal Enterprise Defined in 21 U.S.C. 848, (gender specific)
(a)Penalties; forfeitures
Any person who engages in a continuing criminal enterprise shall be sentenced to a term of imprisonment which may not be less than 20 years and which may be up to life imprisonment, to a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $2,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in section 853 of this title; except that if any person engages in such activity after one or more prior convictions of himunder this section have become final, he shall be sentenced to a term of imprisonment which may not be less than 30 years and which may be up to life imprisonment, to a fine not to exceed the greater of twice the amount authorized in accordance with the provisions of title 18 or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in section 853 of this title.
(b)Life imprisonment for engaging in continuing criminal enterprise
Any person who engages in a continuing criminal enterprise shall be imprisoned for life and fined in accordance with subsection (a), if—(1)such person is the principal administrator, organizer, or leader of the enterprise or is one of several such principal administrators, organizers, or leaders; and
(2) (A)the violation referred to in subsection (c) (1) involved at least 300 times the quantity of a substance described in subsection 841(b)(1)(B) of this title, or
(B)the enterprise, or any other enterprise in which the defendant was the principal or one of several principal administrators, organizers, or leaders, received $10 million dollars in gross receipts during any twelve-month period of its existence for the manufacture, importation, or distribution of a substance described in section 841(b)(1)(B) of this title.
(c)“Continuing criminal enterprise” definedFor purposes of subsection (a), a person is engaged in a continuing criminal enterprise if—(1)he violates any provision of this subchapter or subchapter II the punishment for which is a felony, and
(2)such violation is a part of a continuing series of violations of this subchapter or subchapter II—(A)which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and
(B)from which such person obtains substantial income or resources.
(d)Suspension of sentence and probation prohibited
In the case of any sentence imposed under this section, imposition or execution of such sentence shall not be suspended, probation shall not be granted, and the Act of July 15, 1932 (D.C. Code, secs. 24–203—24–207), shall not apply.
(e)Death penalty
(1)In addition to the other penalties set forth in this section—(A)any person engaging in or working in furtherance of a continuing criminal enterprise, or any person engaging in an offense punishable under section 841(b)(1)(A)[1] of this title or section 960(b)(1)[1] of this title who intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of an individual and such killing results, shall be sentenced to any term of imprisonment, which shall not be less than 20 years, and which may be up to life imprisonment, or may be sentenced to death; and(B)any person, during the commission of, in furtherance of, or while attempting to avoid apprehension, prosecution or service of a prison sentence for, a felony violation of this subchapter or subchapter II who intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of any Federal, State, or local law enforcement officer engaged in, or on account of, the performance of such officer’s official duties and such killing results, shall be sentenced to any term of imprisonment, which shall not be less than 20 years, and which may be up to life imprisonment, or may be sentenced to death.
For the purposes of subsection (b), in the case of continuing criminal enterprise involving methamphetamine or its salts, isomers, or salts of isomers, paragraph (2)(A) shall be applied by substituting “200” for “300”, and paragraph (2)(B) shall be applied by substituting “$5,000,000” for “$10 million dollars”.
So the IRS will take your money – They will even take cash because you can’t bank because it is still considered an illegal business. Here are their instructions.
Hopefully they will spend it wisely… or not.
Enter… the IRS
A key component in promoting the highest degree of voluntary compliance on the part of taxpayers is helping them understand and meet their tax responsibilities while also enforcing the law with integrity and fairness to all. This article provides general guidance including frequently asked questions for taxpayers in the marijuana industry.
I.R.C. § 280E and the Marijuana Industry
Businesses that traffic marijuana in contravention of federal or state law are subject to the limitations of Internal Revenue Code (IRC) Section 280E. The Marijuana Industry FAQs, linked below, address federal tax filing and information report requirements specific to taxpayers in this industry.
Income Reporting
Income from any source is taxable and taxpayers are generally required to file a tax return to report that income to the IRS. Many marijuana-industry businesses conduct transactions in cash, which need to be reported, like any other form of payment. See Publication 334, Tax Guide for Small Business, for more details.
Cash Payment Options
Cash payment options are available for unbanked taxpayers. Some IRS Taxpayer Assistance Centers accept cash. Call 844-545-5640 for a location near you to schedule an appointment. Publication 5435 (PDF) provides additional details about cash payment options.
Large Cash Amounts
Any person in a trade or business who receives more than $10,000 in cash in a single transaction or in related transactions must file Form 8300 (PDF), Report of Cash Payments Over $10,000 Received in a Trade or Business, within 15 days after receiving payment.
Estimated Payments
Small business taxpayers often need to make quarterly estimated tax payments to cover their tax obligation. Form 1040-ES, Estimated Tax for Individuals, will help to figure these payments. IRS Direct Pay is the fastest and easiest way to make these payments. The Treasury Department’s (EFTPS) system is also an option.
Records
Good records assist in monitoring a business’s progress, tracking deductible expenses and can substantiate items reported on tax returns. A good recordkeeping system includes a summary of all business transactions. Generally, it is best to record transactions daily.
Starting A Cannabis Business? You will require legal guidance Komorn Law provides legal guidance and consultation to those interested in Cannabis businesses. Call Our Office 248-357-2550 or Google Komorn Law and do your research.
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney.
Pursuant to Rule 4 (16) of the Marijuana Licenses Rule Set (R 420.4(16)), an applicant seeking licensure under the Michigan Regulation and Taxation of Marijuana Act (MRTMA) shall provide a social equity plan detailing a plan to promote and encourage participation in the marijuana industry by people from communities that have been disproportionately impacted by marijuana prohibition and enforcement and to positively impact those communities.
This bulletin is issued to provide applicants with guidance on what they should consider when developing and implementing the social equity plan that is required with the adult use application and designed to meet the intent of this rule. The information in this bulletin is provided for guidance and should not be construed as requirements for applicants’ social equity plans.
Things to Consider When Developing Your Social Equity Plan
Determine if the municipality where you plan to operate has enacted any requirements related to social equity. If the municipality has, make sure those requirements are addressed in your social equity plan.
Review your business’s strategic goals and objectives and determine how the social equity plan you are developing will help accomplish or complement those goals and objectives.
Determine the Focus of Your Social Equity Plan
Identify the primary component(s) of your social equity plan. The following are examples of what licensees in Michigan and other states have included in their social equity plans:
Employing individuals from disproportionately impacted communities at their marijuana establishment(s). A list of the communities the Marijuana Regulatory Agency (MRA) has identified as disproportionately impacted is listed here.
Employing disproportionately impacted individuals who have qualified for the MRA’s social equity program (caregivers or individuals with marijuana-related convictions) or individuals the licensee has identified as having been disproportionately impacted based on criteria established by the licensee.
Providing educational and outreach sessions in partnership with the MRA to individuals who qualified as disproportionately impacted individuals for the MRA’s social equity program (caregivers, individuals with marijuana-related convictions, individuals, and individuals from disproportionately impacted communities) or individuals the licensee has identified as disproportionately impacted based on criteria established by the licensee.
Providing mentorship programs for individuals who qualified as disproportionately impacted individuals for the MRA’s social equity program (caregivers, individuals with marijuana-related convictions, and individuals from disproportionately impacted communities) or individuals the licensee has identified as disproportionately impacted based on criteria established by the licensee.
Providing grants, loans, or monetary assistance to individuals seeking an adultuse license who have qualified for the MRA’s social equity program (caregivers, individuals with marijuana-related convictions, and individuals from disproportionately impacted communities) or individuals the licensee has identified as disproportionately impacted based on criteria established by the licensee.
Partnering in business ventures with licensees who qualified for the MRA’s social equity program or who the licensee has identified as disproportionately impacted based on criteria established by the licensee.
Providing training for employment in the marijuana industry for individuals who qualified as disproportionately impacted individuals for the MRA’s social equity program (caregivers, individuals with marijuana-related convictions, and individuals from disproportionately impacted communities) or individuals the licensee has identified as disproportionately impacted based on criteria established by the licensee.
Providing information and assistance for expungement of marijuana-related convictions for interested Michigan residents.
Determine How Will You Measure the Effectiveness of Your Social Equity Plan
In the same way a business owner would measure progress towards any other strategic goal or objective for his or her business, the MRA recommends that applicants identify in specific, concrete terms how they will measure the effectiveness of their social equity plans after they become licensed. Although the MRA does not require it, we recommend applicants include these measures of effectiveness in the social equity plan they submit with their adult-use application.
Promotion and Advertisement of Your Social Equity Plan
After applicants become licensed, the MRA recommends licensees promote and advertise their social equity plan in the same way they would any other strategic goal or objective. The public and other licensees have an interest in what licensees are doing to promote social equity. The MRA is also interested in providing recognition for licensees who have established meaningful social equity plans and partner with the MRA to promote and encourage participation in the marijuana industry by people who have been disproportionately impacted by marijuana prohibition and enforcement. The MRA plans to post on its website in the future the social equity plans that have been submitted by our licensees. Licensees who do not wish to have their social equity plans posted will have the option of refusal, although the MRA will indicate that the licensee has chosen not to publish the social equity plan.
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney.
The Social Equity Program is designed to encourage participation in the marijuana industry by people who live in the 184 Michigan communities which have been disproportionately impacted by marijuana prohibition and enforcement:
Allegan: Fennville, Lee Township
Arenac: Alger, Sterling
Barry: Nashville
Bay: Bay City, Midland, Pinconning
Berrien: Benton Harbor, Berrien Spring, Coloma, Eau Claire, Niles, Oronoko Township, Sodus Township, Watervliet
Branch: Bronson, Butler Township, Coldwater, Gilead Township, Quincy, Sherwood, Sherwood Township, Union City
Calhoun: Albion, Battle Creek, Springfield, Tekonsha, Tekonsha Township, Union City
Cass: Cassopolis, Dowagiac, Edwardsburg, Lagrange Township, Marcellus, Vandalia
Eaton: Charlotte, Vermontville
Emmet: McKinley Township, Wawatam Township
Genesee: Clio, Flint, Flint Township, Mt. Morris, Mt. Morris Township
Gratiot: Alma, Bethany Township, Breckenridge, Fulton Township, Perrinton, Seville Township, Wheeler Township
Hillsdale: Montgomery
Ingham: East Lansing, Lansing
Ionia: Ionia, Muir, Orleans Township, Ronald Township
Isabella: Coldwater Township, Fremont Township, Mt. Pleasant, Shepherd
Jackson: Hanover, Jackson, Springport
Kalamazoo: Galesburg, Kalamazoo
Kent: Cedar Springs, Grand Rapids
Lapeer: Clifford, Columbiaville, Imlay City, Lapeer
Lenawee: Adrian, Morenci
Macomb: Center Line, Mt. Clemens
Mecosta: Aetna Township, Barryton, Big Rapids, Deerfield Township, Fork Township, Mecosta, Millbrook Township, Morley, Sheridan Township, Stanwood, Wheatland Township
Monroe: Luna Pier
Montcalm: Carson City, Crystal Township, Edmore, Greenville, Home Township, Howard City, Lakeview, McBride, Pierson, Stanton
Muskegon: Holton Township, Muskegon, Muskegon Heights, Twin Lake
Newaygo: Beaver Township, Big Prairie Township, Bridgeton Township, Denver Township, Fremont, Grant, Hesperia, Lilley Township, Merrill Township, Newaygo, Troy Township, White Cloud, Wilcox Township
Oakland: Hazel Park, Pontiac, Royal Oak Township
Ogemaw: Horton Township, Prescott, Richland Township, Rose City, West Branch
Ottawa: Allendale Township
Roscommon: Higgins Township, Richfield Township, Roscommon, Roscommon Township, St. Helen
Saginaw: Bridgeport Township, Carrollton Township, Chapin Township, Chesaning, Kochville Township, Marion Township, Saginaw, Spaulding Township
Shiawassee: Owosso
St. Clair: Port Huron
St. Joseph: Sturgis, Sturgis Township, Three Rivers, White Pigeon Township
Tuscola: Akron, Caro, Dayton Township, Gagetown, Gilford Township, Kingston, Koylton Township, Mayville, Vassar, Vassar Township
Van Buren: Arlington Township, Bangor Township, Bloomingdale, Breedsville, Columbia Township, Covert Township, Decatur, Decatur Township, Hartford, Keeler Township, Lawrence, Mattawan, Paw Paw, South Haven
Washtenaw: Ann Arbor, Ypsilanti
Wayne: Dearborn, Detroit, Ecorse, Hamtramck, Highland Park, Inkster, Melvindale, River Rouge, Wayne
Wexford: Antioch Township, Cadillac, Colfax Township, Mesick, Slagle Township
Note this list is current as of Sept 9, 2020. To see any updates visit the Michigan Gov site here
Michigan Communities That Meet Criteria For The Social Equity Program
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney.
An outline of requirements for those who want to obtain a Michigan Concealed Pistol License.
A. State Requirements
An applicant for a Michigan CPL must:
1. Be at least 21 years of age.
2. Be a citizen of the United States or an alien lawfully admitted into the United States.
3. Be a legal resident of Michigan and reside in Michigan for at least six months immediately prior to application. An applicant is a resident of Michigan if one of the following applies:
• The applicant possesses a valid, lawfully obtained Michigan driver’s license or official Michigan personal identification card.
• The applicant is lawfully registered to vote in Michigan.
• The applicant is on active duty status with the United States Armed Forces and is stationed outside of Michigan, but Michigan is the applicant’s home of record.
• The applicant is on active duty status with the United States Armed Forces and is permanently stationed in Michigan, but the applicant’s home of record is another state.
Note: The county clerk shall waive the six-month residency requirement if one of the following applies:
• For an emergency license, if the applicant is a petitioner for a personal protection order issued under MCL 600.2950 or MCL 600.2950a.
• For an emergency license, if the county sheriff determines that there is clear and convincing evidence to believe that the safety of the applicant or the safety of a member of the applicant’s family or household is endangered by the applicant’s inability to immediately obtain a license to carry a concealed pistol.
• For a new resident, if the applicant holds a valid concealed pistol license issued by another state at the time the applicant’s residency in this state is established
4. Have knowledge and training in the safe use and handling of a pistol by successfully completing an appropriate pistol safety training course or class.
5. Not be subject to an order or disposition for any of the following:
• Involuntary hospitalization or involuntary alternative treatment.
• Legal incapacitation.
• Personal protection order.
• Bond or conditional release prohibiting purchase or possession of a firearm.
• Finding of not guilty by reason of insanity.
6. Not be prohibited from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm under MCL 750.224f.
7. Have never been convicted of a felony in Michigan or elsewhere, and a felony charge against the applicant is not pending in Michigan or elsewhere at the time he or she applies for a CPL.
8. Have not been dishonorably discharged from the United States Armed Forces.
9. Have not been convicted of a misdemeanor violation of any of the following in the eight years immediately preceding the date of the application and a charge for a misdemeanor violation of any of the following is not pending against the applicant in this state or elsewhere at the time he or she applies for a CPL:
• MCL 257.617a, failing to stop when involved in a personal injury accident
• MCL 257.625, operating while intoxicated or with any presence of a Schedule 1 controlled substance or cocaine, punishable as a second offense under, MCL 257.625(9)(b)
• MCL 257.625m, operating a commercial motor vehicle with alcohol content, punishable as a second offense under MCL 257.625m(4)
• MCL 257.626, reckless driving
• MCL 257.904(1), operating while license suspended/revoked/denied or never applied for a license, punishable as a second or subsequent offense
• MCL 259.185, operating an aircraft while under the influence of intoxicating liquor or a controlled substance with prior conviction
• MCL 290.629, hindering or obstructing certain persons performing official weights and measures duties
• MCL 290.650, hindering, obstructing, assaulting, or committing bodily injury upon director of the Department of Agriculture or authorized representative of the director
• MCL 324.80176, operating a vessel under the influence of intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, punishable as a second or subsequent offense under MCL 324.80177(1)(b)
• MCL 324.81134, operating an off-road vehicle (ORV) under the influence of alcoholic liquor or a controlled substance or with an unlawful alcohol content, punishable as a second or subsequent offense under MCL 324.81134(8)(b)
• MCL 324.82127, operating a snowmobile under the influence of alcoholic liquor or a controlled substance, or with an unlawful blood alcohol content, or with any presence of a Schedule 1 controlled substance or cocaine, punishable as a second or subsequent offense under MCL 324.82128(1)(b) MCL 333.7403, possessing a controlled substance, controlled substance analogue, or prescription form
• MCL 462.353, operating a locomotive under the influence of alcoholic liquor or a controlled substance, or while visibly impaired, punishable as a second offense under MCL 462.353(4)
• MCL 722.677, displaying sexually explicit matter to minors
• MCL 750.81, assault or domestic assault
• MCL 750.81a(1) or (2), aggravated assault or aggravated domestic assault
• MCL 750.115, breaking and entering or entering without breaking
• MCL 750.136b(7), fourth-degree child abuse
• MCL 750.145n, vulnerable adult abuse
• MCL 750.157b(3)(b), solicitation to commit a felony
• MCL 750.215, impersonating a peace officer or medical examiner
• MCL 750.223, illegal sale of a firearm or ammunition
• MCL 750.224d, illegal use or sale of a self-defense spray or foam device
• MCL 750.226a, sale or possession of a switchblade
• MCL 750.227c, improper transporting or possessing a loaded firearm in or upon a vehicle
• MCL 750.229, pawnbroker accepting a pistol in pawn, or any second-hand or junk dealer accepting a pistol and offering or displaying it for resale
• MCL 750.232, failure to register the purchase of a firearm or a firearm component
• MCL 750.232a, improperly obtaining a pistol, making a false statement on an application to purchase a pistol, or using or attempting to use false identification of another to purchase a pistol
• MCL 750.233, intentionally pointing or aiming a firearm without malice
• MCL 750.234, discharging a firearm while intentionally aimed without malice
• MCL 750.234d, possessing a firearm on prohibited premises
• MCL 750.234e, brandishing a firearm in public
• MCL 750.234f, possession of a firearm in public by an individual less than 18 years of age
• MCL 750.235, discharging a firearm pointed or aimed intentionally without malice causing injury
• MCL 750.235a, parent of a minor who violates the Firearms Chapter of the Michigan Penal Code in a weapon-free school zone
• MCL 750.236, setting a spring or other gun, or any trap or device
• MCL 750.237, carrying, possessing, using, or discharging a firearm while under the influence of alcoholic liquor or a controlled substance, while having an unlawful alcohol content, or while visibly impaired
• MCL 750.237a, weapon-free school zone violation
• MCL 750.335a, indecent exposure
• MCL 750.411h, stalking
• MCL 750.520e, fourth-degree criminal sexual conduct
• Former MCL 750.228, failure to have a pistol inspected
• MCL 752.861, careless, reckless, or negligent use of a firearm resulting in injury or death
• MCL 752.862, careless, reckless, or negligent use of a firearm resulting in property damage
• MCL 752.863a, reckless discharge of a firearm
• A violation of a law of the United States, another state, or a local unit of government of this state or another state substantially corresponding to a violation described above
10. Have not been convicted of a misdemeanor violation of any of the following in the three years immediately preceding the date of application and a charge for a misdemeanor violation of any of the following is not pending against the applicant in this state or elsewhere at the time he or she applies for a license:
• MCL 257.625, operating while intoxicated, visibly impaired, under 21 years of age with any bodily alcohol content, or with any presence of a Schedule 1 controlled substance or cocaine
• MCL 257.625a, refusal of commercial motor vehicle operator to submit to a preliminary chemical breath test
• MCL 257.625l, circumventing or tampering with an ignition interlocking device
• MCL 257.625m, operating a commercial motor vehicle with alcohol content, punishable under MCL 257.625m(3)
• MCL 259.185, operating an aircraft under the influence of intoxicating liquor or a controlled substance
• MCL 324.81134, operating an ORV under the influence of alcoholic liquor or a controlled substance, with an unlawful alcohol content, with any presence of a Schedule 1 controlled substance or cocaine, or while visibly impaired
• MCL 324.82127, operating a snowmobile under the influence of alcoholic liquor or a controlled substance, with an unlawful blood alcohol content, with any presence of a Schedule 1 controlled substance or cocaine, or while visibly impaired
• MCL 333.7401 to 333.7461, controlled substance violation
• MCL 462.353, operating a locomotive under the influence of alcoholic liquor or a controlled substance, while visibly impaired, or with an unlawful alcohol content, punishable under MCL 462.353(3)
• MCL 750.167, disorderly person
• MCL 750.174, embezzlement
• MCL 750.218, false pretenses with intent to defraud or cheat
• MCL 750.356, larceny
• MCL 750.356d, second or third degree retail fraud
• MCL 750.359, larceny from vacant structure or building
• MCL 750.362, larceny by conversion
• MCL 750.362a, refuse or neglect to return vehicle, trailer, or other tangible property delivered on a rental or lease basis with intent to defraud the lessor
• MCL 750.377a, malicious destruction of personal property
• MCL 750.380, malicious destruction of real property
• MCL 750.535, buying, receiving, possessing, concealing, or aiding in the concealment of stolen, embezzled, or converted property
• MCL 750.540e, malicious use of service provided by telecommunications service provider
• A violation of a law of the United States, another state, or a local unit of government of this state or another state substantially corresponding to a violation described above
11. Have not been found guilty but mentally ill of any crime, and has not offered a plea of not guilty of, or been acquitted of, any crime by reason of insanity.
12. Is not currently and has never been subject to an order of involuntary commitment in an inpatient or outpatient setting due to mental illness.
13. Not have a diagnosed mental illness at the time the application is made that includes an assessment that the individual presents a danger to himself or herself or to another, regardless of whether he or she is receiving treatment for that illness.
14. Not be under a court order of legal incapacity in this state or elsewhere.
15. The applicant has a valid state-issued driver’s license or personal identification card.
B. Federal Requirements
Pursuant to MCL 28.426, a CPL may not be issued to a person prohibited under federal law from possessing or transporting a firearm as determined through the federal National Instant Criminal Background Check System (NICS). Questions regarding the NICS check should be directed to the Federal Bureau of Investigation (FBI) NICS Section at 1-(877) FBI-NICS (877-324-6427).
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney.
Prosecutors announced they expect to dismiss possibly 91 more drug convictions tied to an indicted ex-Houston Texas police officer.
A look back at botched Harding Street raid…
The Harris County DA’s Office had announced in February it would dismiss 73 cases connected to the former officer, Gerald Goines, whose cases are being reviewed following a deadly drug raid.
Goines’ work with the Houston Police Department’s narcotics unit has come under scrutiny following the January 2019 drug raid in which Dennis Tuttle, 59, and his wife, Rhogena Nicholas, 58, were killed.
Prosecutors allege Goines, 55, lied to obtain the warrant to search the couple’s home by claiming that a confidential informant had bought heroin there. Goines later said there was no informant and that he had bought the drugs himself, they allege. Five officers, including Goines, were injured in the raid.
In the 73 cases announced in February, Goines was the only witness to alleged drug buys.
In the 91 cases announced Thursday, Goines wrote affidavits that were used to secure search warrants in drug cases.
Police stop by your place uninvited? You are going to need a lawyer! Komorn Law handles all types of cases similar to police raids, marijuana arrests, criminal charges as well as DUI and Drugged Driving.
Call Our Office 248-357-2550 before you swallow the prosecutor’s “plea bargain” hook, line and sinker.
All of the individuals in the 164 cases being dismissed are minorities and the majority are African American, prosecutors said.
“We will continue to work to clear people convicted solely on the word of a police officer who we can no longer trust,” said Harris County District Attorney Kim Ogg. “We are committed to making sure the criminal justice is fair and just for everyone.”
Nicole DeBorde, Goines’ attorney, accused Ogg of using the ex-officer’s case for political gain. Ogg is up for re-election in November.
The Michigan AG filed charges against two technicians contracted to service all the DataMaster DMT breath alcohol testing instruments for the Lower Peninsula
One device is at the Beverly Hills Police Department in Oakland County, the other at the Alpena County Sheriff’s Office.
Michigan State Police’s Breath Alcohol Program says it found problems when conducting a routine review of records early on Jan. 2, Nessel’s statement said. They issued a stop order on the Intoximeters contract on Jan. 7.
“Discrepancies in some submitted diagnostic reports came to light during a routine technical review by MSP’s Breath Alcohol Program on Jan. 2, 2020. Specifically, it is alleged that two of Intoximeters Inc.’s three technicians” Nessel’s statement said.
If you feel like your datamaster breathalyzer test was done on a faulty machine or was false and would like to hire an attorney that will fight for you. You found him. Michael Komorn – provides DUI, drugged driving and criminal defense passionately an aggressively. Call Our Office 248-357-2550 or visit KomornLaw.com
Michigan AG News Release
May 22, 2020
LANSING – Michigan Attorney General Dana Nessel on Thursday filed charges against two technicians contracted to service all the DataMaster DMT (DataMaster Transportable) breath alcohol testing instruments for the Lower Peninsula. The DataMaster DMT (often referred to as a breathalyzer) is the evidentiary instrument used by law enforcement across Michigan to measure the alcohol level of motor vehicle drivers suspected of being under the influence of alcohol.
The Michigan State Police (MSP) entered into a contract with Intoximeters Inc. that began Sept. 1, 2018 to provide ongoing maintenance and repairs, as well as 120-day on-site inspections on each of the 203 DataMaster DMTs in the state. Each technician was required to physically visit each site to conduct various diagnostic verifications, calibrations and repairs.
Discrepancies in some submitted diagnostic reports came to light during a routine technical review by MSP’s Breath Alcohol Program on Jan. 2, 2020. Specifically, it is alleged that two of Intoximeters Inc.’s three technicians — Andrew Clark and David John — created fictitious documents to show they completed certain diagnostic tests and repairs on two DataMaster instruments for which they had responsibility for calibration and performance—one incident involved the DataMaster DMT instrument located at the Beverly Hills Police Department and the other incident involved the DataMaster DMT instrument located at the Alpena County Sheriff’s Office.
Upon discovery of this issue, the MSP temporarily removed all instruments from service and launched an investigation, notifying both its criminal justice partners and the public of its discovery. The MSP promptly began working with the Attorney General’s Public Integrity Unit, continuing to demonstrate a steadfast belief that public trust and accountability are essential in government. The combined efforts of the MSP Breath Alcohol Program, MSP Fraud Investigation Section and the Attorney General’s Public Integrity Unit have culminated in the charges announced today.
Following a four-month investigation led by the Attorney General’s Public Integrity Unit and the MSP, a total of nine felony charges were filed against David John, age 59, of Kalamazoo, and a total of six felony charges were filed against Andrew Clark, 53, of Oxford. Specific charges are as follows:
Andrew Clark, charged in Eaton County:
Two counts, forgery of a public record, a 14-year felony charge;
Two counts, uttering and publishing, a 14-year felony charge; and
Two counts, use of a computer to commit a crime, a 10-year felony charge.
David John, charged in Kalamazoo County:
Three counts, forgery of a public record, a 14-year felony charge;
Three counts, uttering and publishing, a 14-year felony charge; and
Three counts, use of a computer to commit a crime, a 10-year felony charge.
“Those who hold positions of trust and responsibility at any level within our overall system of justice must be held to a high standard. When that trust is betrayed, it is incumbent upon my department to ensure accountability on behalf of the people of our state.” Nessel said. “I’m grateful for the Michigan State Police’s assistance in this investigation, and I know that the MSP and my Public Integrity Unit have handled this matter appropriately and in the public’s best interest.”
“From the time we first uncovered discrepancies, the MSP was committed to conducting a complete and thorough investigation, and to being as transparent as possible regarding the outcomes of this situation,” stated Col. Joe Gasper, director of the MSP. “We recognize the critical role these instruments can play in drunk driving convictions and we are confident that a properly calibrated and maintained DataMaster remains an extremely reliable instrument.”
Certified MSP staff have been performing the ongoing maintenance, repairs and 120-day inspections for all DataMaster instruments since Jan. 10, 2020, and will continue to do so. The State of Michigan’s contract with Intoximeter’s Inc. was officially terminated effective April 9, 2020.
Clark has been arraigned in the Eaton County District Court and was given a personal recognizance bond. He is scheduled for a probable cause conference at 4 p.m. June 1.
John will be arraigned at a later date due to reduced court operations related to COVID-19.
Note: A criminal charge is just an allegation and that the defendant is presumed innocent unless and until proven guilty. At least that’s what it’s supposed to be.
