You Won’t Lose Your Gun Just For Smoking Recreational Marijuana

You Won’t Lose Your Gun Just For Smoking Recreational Marijuana

You Won’t Lose Your Gun Just For Smoking Recreational Marijuana – In Illinois.  11,000 marijuana conviction  expungements on 2020 new years day – In Illinois.  One database fills while another “empties”.

Rumors that Illinois gun owners will lose their firearms if they use cannabis under the state’s new legalization mandate are false.

That’s according to multiple authorities after major news outlets published stories claiming gun owners who purchase adult-use cannabis in Illinois would be placed into a database banning them from buying firearms.

The Illinois State Police said Dec. 31 it will not revoke Firearm Owner Identification Cards based solely on someone’s marijuana usage.

Illinois State Rifle Association lobbyist Ed Sullivan said cannabis dispensaries cannot share identifying information with law enforcement agencies unless the customer authorizes it.

But Sullivan notes the federal government still considers marijuana a Schedule I narcotic.

He said this allows the federal Bureau of Alcohol, Tobacco, and Firearms (ATF) to obtain the records of medical cannabis users and potentially restrict their ability to buy guns from Federal Firearms License (FFL) dealers.

“If you intend to use cannabis and own a firearm taking the recreational cannabis route has less potential, detrimental effects on your 2nd Amendment rights than the medical cannabis route,” Sullivan said.

What about Michigan… Is anybody out there? Hello?…………………..What about Michigan?

Read the Rest of the Story Here

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Marijuana Regulatory Agency Releases Licensing for Adult-Use Applications

Marijuana Regulatory Agency Releases Licensing for Adult-Use Applications

The Marijuana Regulatory Agency (MRA) released the application process for adult-use recreational marijuana business licenses. The MRA will begin accepting adult-use marijuana applications on November 1, 2019.

  • An overview of the licensing process
  • Step one and step two applications for new applicants and existing medical marijuana facility licensees
  • Detailed step-by-step instructions for the online applications
  • Instructions for new applicants and existing marijuana facility licensees for each license type
  • Application checklists
  • Detailed paper instruction booklet including step-by-step instructions for paper applications

While the MRA will accept paper applications, it is highly recommended that applicants use the online application, which has been specifically designed to ensure the efficient receipt of all necessary applicant information. Online applications will automatically be moved quickly into the processing system.

Two-Step Application Process

On November 1, 2019, the MRA will begin accepting applications for marijuana licensing under the Michigan Regulation and Taxation of Marihuana Act (MRTMA) which was passed by the voters of the state of Michigan in November 2018:

The MRA will be utilizing a two-step application process:

  1. Prequalification
  2. Establishment Licensing

Thinking of Starting a Cannabis or Hemp Business?

If you are thinking about starting a business in this industry you will need legal guidance and corporate counsel.  Contact our office or call Komorn Law at (248) 357-2550 to find out more information.

Step One – Prequalification

The main applicant and all supplemental applicants must submit step one applications for prequalification for review by the MRA. During this step, background checks are completed on the main applicant and all supplemental applicants.

There is a $6,000 nonrefundable application fee for the main applicant, which is the entity or the individual seeking to hold the state license. The main applicant is required to submit a step one prequalification application.

Supplemental applicants can be entities or individuals. The definition of who is considered a supplemental applicant varies, depending on business structure. Every supplemental applicant is required to submit a step one prequalification application but only the main applicant needs to submit an application fee.

It is important that the main applicant does not submit payment until all supplemental applications have been submitted. If payment is received before all supplemental applications are submitted, a notice of deficiency will be sent stating that the main applicant has five days to submit all supplemental applications or the application may be denied. The Marijuana Regulatory Agency will begin to process prequalification applications once the $6,000 prequalification application payment is received.

Step Two – Establishment Licensing

After the main applicant and all supplemental applicants have successfully achieved step one prequalification, the main applicant can submit step two licensing applications for the license type(s) it seeks to hold.

During step two licensing, the MRA will vet the proposed marijuana establishment, including, but not limited to:

  • Business specifications
  • Proof of financial responsibility
  • Municipality information
  • General employee information

The physical marijuana establishment must pass an MRA inspection within 60 days of submission of a complete application.

Applicants who are seeking licensure as a grower, processor, or a microbusiness must pass a Bureau of Fire Services (BFS) plan review. Additionally, all MRTMA marijuana applicants – except temporary marijuana events and marijuana event organizers – must pass a BFS inspection within 60 days of submission of a complete application. 

Due to the level of detail involved in the step one and step two adult-use application processes – as well as the time sensitive nature of the process – the MRA strongly recommends achieving step one prequalification before submitting a step two application. 

Final Approval 

An applicant cannot be issued a state license until all requirements in the MRTMA and administrative rules are met. After establishment licensing (step two) is completed, an applicant will be required to pay an initial licensure fee for each license. Once the initial licensure fee is received, the license(s) will be issued.

There are 17 potential reasons for license denial outlined in Rule 14 of the Adult-Use emergency rules, including the following:

  • The applicant failed to correct a deficiency within five days of notification by the MRA in accordance with Rule 8 (application requirements; complete application)
  • The applicant failed to receive a passing prelicensure inspection within 60 days of a complete application being submitted to the agency
  • The applicant has submitted an application containing false information
  • The applicant or anyone who will have ownership in the marijuana establishment has a pattern of convictions involving dishonesty, theft, or fraud that indicate the proposed marijuana establishment is unlikely to be operated with honesty and integrity
  • The applicant or anyone who will have ownership in the marijuana establishment has a conviction involving distribution of a controlled substance to a minor

License Types

To be eligible for the following license types, the main applicant does not need to possess a medical marijuana state operating license:

  • Class A Marijuana Grower
  • Marijuana Microbusiness
  • Designated Consumption Establishment
  • Marijuana Safety Compliance Facility
  • Marijuana Event Organizer
  • Temporary Marijuana Event

To be eligible for the following license types, the main applicant must possess a medical marijuana state operating license:

  • Class B Marijuana Grower
  • Class C Marijuana Grower
  • Excess Marijuana Grower
  • Marijuana Processor
  • Marijuana Retailer
  • Marijuana Secure Transporter 

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National Expungement Panel of Legislators in Michigan

National Expungement Panel of Legislators in Michigan

National Expungement Week events across the U.S. offer expungement and other forms of legal relief to some of the millions of Americans with criminal records.

These criminal records can restrict access to housing, employment, education, public assistance, and voting rights long after sentences have been served.

National Expungement Week events will work to bring to light the effects of a criminal record and help people to remove these marks and restore part of their lives.

National Expungement Panel of legislators and victims of the system discuss and tell their stories about working toward getting criminal records expunged for millions throughout the U.S. for National Expungement Week 2019 at Oakland Community College in Royal Oak.

Hosts

Speaker Panel

  • Margeaux Bruner – Political Director for Michigan Cannabis Industries Association.
  • Jewell Jones – State Representative 11th District.
  • Earl Carruthers – Cannabis Entrepreneur
  • Jesse Riggs – Michigan Medical Marijuana Association

MORE ABOUT THE EARL CARRUTHERS CASE

More documentaries about  Earl Carruthers famous “Brownie” court battle with the justice system which has become case law featuring attorney Michael Komorn and others familiar with the case such as Jamie Lowell and Rick Thompson.

Video: Michael Komorn Interview about Earl Carruthers

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Expunge your criminal record and reap the rewards of a fresh start.

Contact our office for a free review to see if you qualify. Call 248-357-2550

Federal Court Dismisses Lawsuit Against Cops Accused Of Stealing $225K

Federal Court Dismisses Lawsuit Against Cops Accused Of Stealing $225K

A federal appellate court on dismissed a lawsuit claiming that 3 police officers alleged to have stolen more than $225,000 in property from two California men, reasoning that the officers did not violate the men’s Fourth Amendment right against unreasonable search and seizure.

Plaintiffs (Micah Jessop and Brittan Ashjian) claimed that in 2013, three Fresno California police officers executing search warrants at their business and homes seized approximately $150,000 in cash and $125,000 in rare coins. When the two went to the police department the next day, however, only $50,000 had been placed into evidence, which police said was the entire haul submitted in relation to the investigation.

Both Jessop and Ashjian were never charged with any crime stemming from the investigation, filed a lawsuit against the three officers, claiming the theft constituted a violation of their Fourth Amendment right to be protected against unreasonable government seizure.

The officers responded by filing for summary judgment, arguing that as government officials, they were entitled to “qualified immunity.”

Under the doctrine of qualified immunity, government officials are shielded from civil liability for any conduct that does not violate a person’s “clearly established” constitutional rights.

-WTF-?

 

Charged or Arrested for DUI or drugged driving?

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In an eyebrow-raising opinion, Circuit Judge Milan D. Smith wrote that because the officers had a warrant to justify the initial seizure of the property, and no prior case addressed those specific circumstances, it was not clearly established whether the subsequent theft of that property violated the Fourth Amendment.

“The lack of ‘any cases of controlling authority’ or a ‘consensus of cases of persuasive authority’ on the constitutional question compels the conclusion that the law was not clearly established at the time of the incident.

Although the City Officers ought to have recognized that the alleged theft of Appellants’ money and rare coins was morally wrong, they did not have clear notice that it violated the Fourth Amendment,” Smith reasoned.

WTF…?!?!

“We recognize that the allegation of any theft by police officers—most certainly the theft of over $225,000—is deeply disturbing. Whether that conduct violates the Fourth Amendment’s prohibition on unreasonable searches and seizures, however, would not ‘be clear to a reasonable officer,’” Smith concluded.

How about simple robbery charges???

One of the officers alleged to have committed the 2013 theft, Derik Kumagai, was federally indicted in 2014 for accepting a $20,000 bribe from a suspected drug trafficker. He pleaded guilty to conspiring to commit bribery and in May was sentenced to two years in federal prison.

Jessop and Ashjian have appealed the decision and petitioned for their case to be heard in front of the entire Ninth Circuit.

Michigan State Police Drunk Driving Audit Report

Michigan State Police Drunk Driving Audit Report

The crash program has been in existence since Public Act 300 of 1949. All law enforcement agencies in Michigan submit accident data to the MSP Criminal Justice Information Center on UD-10 Traffic Crash Reports. A crash report is completed when: the driver of a motor vehicle involved in a traffic crash injures or kills any person, or damages property totaling $1000.00 or more. It is also completed when, the driver of a snowmobile or ORV is involved in a crash resulting in injuries to or the death of any person, or property damage in an estimated amount of $100.00 or more. 

 

The Michigan State Police Criminal Justice Information Center (CJIC) and the Office of Highway Safety Planning (OHSP), in conjunction with the University of Michigan Transportation Research Institute (UMTRI) compiles and publishes an annual report. In addition, the MSP also works with the Secretary of State (SOS) to produce a drunk driving audit report annually. This report contains cumulative and individual information regarding judge’s dispositions and fines involved with drunk driving. 

 

Reports are processed and sent to the Department of State to be applied to individual driving records. Fatal records are maintained on both the state system and the federal Fatality Analysis Reporting System (FARS) (supported by the National Highway Traffic Safety Administration). 

 

Traffic Crash Report data is also supplied to the Michigan Department of Transportation for analysis of high crash locations and to bill for damage to state property. The Michigan Department of Community Health receives data to bill the appropriate no-fault carrier for reimbursement of expenses under the Medicaid program and the Michigan Department of Natural Resources receives data for analysis of snowmobile and car/deer crashes. 

Komorn Law

Contact our office for more information about how we may able to help you with your DUI or Drugged Driving case.  Call (248) 357-2550 today.

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Michigan communities with highest violent crime rate

Michigan communities with highest violent crime rate

Benton Harbor was Michigan’s most violent city in 2017, based mostly on FBI statistics released Sept. 24.

The FBI reported violent crime rates for communities all through the USA.

Rape is outlined by the FBI as any sexual assault that entails penetration or tried penetration. Incest and statutory rape shouldn’t be included.

Aggravated assault is outlined as an assault on an individual  supposed to inflict extreme bodily hurt or dying. It normally entails a weapon.

In 2017, Michigan had 4.5 violent crimes reported per 1,000 residents, in keeping with FBI calculations.

Below is a listing of the 50 Michigan cities with the highest violent crime rates, which are calculated based mostly on studies of homicides, rapes, robberies and aggravated assault.

Komorn Law – Your Legal Team
If you have been arrested or charged with any crime it is important that you have the right attorney on your team. See our services and client reviews here at KomornLaw.com or Call our office for a free evaluation 248-357-2550

 

Michigan State Police Annual Publications

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