Prosecutors are beginning to drop marijuana cases since the legalization of adult use marijuana and many around the state are starting to follow.
The Governor’s office is starting to review the expungement process for those with past convictions.
“Now is the time to talk to an attorney and prepare the process by taking a look at your options for expungement” said Michael Komorn who has been an advocate and community leader for medical marihuana and legalization for many years. Michael can be reached at 800-656-3557
A prosecutor’s office in west Michigan is dropping some pending marijuana cases after voters in the state approved recreational use of the drug for people 21 and older.
Federal prosecutors have said no one should expect immunity under federal law simply because Michigan voters approved the legal use of marijuana.
Nov 8, 2018 – St. Clair County law enforcement officials will be reviewing current marijuana possessioncases to determine how they want to proceed with …
Marijuana cases being dismissed by Muskegon County prosecutor …
Nov 14, 2018 – The Muskegon County Prosecutor’s Office says it’s going to drop pending marijuana cases after Michigan voted to legalize recreational use.
Michigan Senator Arlan Meekoff – Repeal Prop 1 Sections and Ban Home Grow
Michigan Regulation and Taxation of Marihuana Act, by amending the title and sections 1, 2, 3, 4, 5, and 15 (MCL 333.28101, 333.28102, 333.28103, 333.28104, 333.28105, and 333.28115), and by adding sections 201, 205, 206, 207, 208, 301, 302, 303, 305, 401, 402, 403, 404, 405, 406, 407, 408, 409, 501,502, 503, 504, 505, 601, 602, 603, 604, 701, 702, and 801; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
An initiation of legislation to allow under state law the personal possession and use of marihuana by persons 21 years of age or older; to provide for the lawful cultivation and sale of marihuana and industrial hemp by persons 21 years of age or older;
Read more of what’s crossed out here 2018-SIB-1243 after you finish reading below.
Arrested for or Charged with DUI or driving under the influence of “drugs”?… Contact Komorn Law800-656-3557.
Note: Most likely this will not happen (now) because it would need a large percentage of the vote and I would assume that many of our still being paid politicians are too busy looking for a new job during the lame duck layover to really care. One would think Arlan Meekhof had this ready to throw into the arena some time before the election.
Read more bills that will save the earth sponsored by Meekhof
Labor; hours and wages; reference to repealed law; eliminate in school code. Amends secs. 503, 523, 553 & 1311e of 1976 PA 451 (MCL 380.503 et seq.). TIE BAR WITH: SB 0003’17 Last Action: 01/18/2017 – REFERRED TO COMMITTEE ON MICHIGAN COMPETITIVENESS
A concurrent resolution of tribute offered as a memorial for Stephen V. Monsma, former member of the Michigan House of Representatives and the Michigan Senate. Last Action: 03/22/2017 – REFERRED TO SECRETARY FOR RECORD
A concurrent resolution of tribute offered as a memorial for John D. Pridnia, former member of the House of Representatives and Senate. Last Action: 04/20/2017 – REFERRED TO SECRETARY FOR RECORD
A concurrent resolution of tribute offered as a memorial for Vernon J. Ehlers, former member of the Michigan House of Representatives and Senate and the United States House of Representatives. Last Action: 09/26/2017 – REFERRED TO SECRETARY FOR RECORD
A resolution recognizing the ongoing contributions of the Arab American, Chaldean and Jewish communities to the state of Michigan. Last Action: 05/03/2017 – ADOPTED
A resolution to congratulate the government and people of the Republic of China (Taiwan) on the celebration of their 106th National Day on October 10, 2017. Last Action: 10/10/2017 – ADOPTED
Children; other; delegation of parent’s or guardian’s powers separate from foster care; clarify. Amends sec. 2 of 1994 PA 203 (MCL 722.952) TIE BAR WITH: SB 0488’17, SB 0489’17, SB 0491’17 Last Action: 11/29/2018 – referred to second reading
Weapons; concealed; carrying a pistol concealed in pistol-free zones by certain individuals; allow. Amends secs. 5a, 5b, 5d & 5o of 1927 PA 372 (MCL 28.425a et seq.). Last Action: 11/09/2017 – referred to Committee on Judiciary
Criminal procedure; sentencing guidelines; penalty for violation of special police agency act; create. Amends sec. 11b, ch. XVII of 1927 PA 175 (MCL 777.11b). TIE BAR WITH: SB 0594’17 Last Action: 09/27/2017 – REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS
Agriculture; other; animal care standards for egg-laying hens; delay effective date and provide for enforcement. Amends sec. 46 of 1988 PA 466 (MCL 287.746) & adds sec. 47. Last Action: 01/31/2018 – referred to Committee on Government Operations
State financing and management; bonds; issuance of certain bonds after a certain date; prohibit. Amends sec. 518 of 2001 PA 34 (MCL 141.2518). Last Action: 06/12/2018 – REASSIGNED TO COMMITTEE ON GOVERNMENT OPERATIONS
Civil rights; open meetings; financial management teams and the local government retirement stability board; exempt from the open meetings act. Amends sec. 3 of 1976 PA 267 (MCL 15.263). Last Action: 06/12/2018 – REASSIGNED TO COMMITTEE ON GOVERNMENT OPERATIONS
A concurrent resolution of tribute offered as a memorial for Burton Leland, former member of the House of Representatives and the Senate. Last Action: 04/12/2018 – REFERRED TO SECRETARY FOR RECORD
A concurrent resolution of tribute offered as a memorial for Raymond D. Dzendzel, former member of the House of Representatives and the Senate. Last Action: 06/12/2018 – REFERRED TO SECRETARY FOR RECORD
A concurrent resolution of tribute offered as a memorial for Patricia L. Birkholz, former member of the House of Representatives and the Senate. Last Action: 09/25/2018 – REFERRED TO SECRETARY FOR RECORD
A resolution to recognize the 70th anniversary of Israel’s establishment and reaffirm the bonds of friendship and cooperation between the United States, Michigan, and Israel. Last Action: 04/19/2018 – ADOPTED
A resolution of tribute for the Honorable Tory Rocca. Last Action: 11/27/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS
A resolution of tribute for the Honorable Patrick Colbeck. Last Action: 11/27/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS
A resolution of tribute offered as a memorial for John F. Kelly, former member of the Senate. Last Action: 11/28/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS
A resolution of tribute for the Honorable Coleman Young II. Last Action: 11/28/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS
A resolution of tribute for the Honorable Jim Marleau. Last Action: 11/28/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS
A resolution of tribute for the Honorable Mike Green. Last Action: 11/29/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS
A resolution of tribute for the Honorable Judy K. Emmons. Last Action: 11/29/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS
A resolution of tribute for the Honorable Rebekah Warren. Last Action: 11/29/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS
A resolution of tribute for the Honorable Hoon-Yung Hopgood. Last Action: 11/29/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS
Highways; name; portion of I-196 in Holland; designate as the “Marine Daniel Price Memorial Highway”. Amends 2001 PA 142 (MCL 250.1001 – 250.2080) by adding sec. 29a. Last Action: 09/26/2018 – REFERRED TO COMMITTEE ON TRANSPORTATION
Marihuana; other; regulation of recreational marihuana; provide for, and prohibit home-grow. Amends secs. 1, 2, 3, 4, 5 & 15 of 2018 IL 1 (MCL 333.28101 et seq.) & repeals secs. 6, 7, 8, 9, 10, 11, 12, 13, 14 & 16 of 2018 IL 1 (MCL 333.28106 et seq.). Last Action: 11/29/2018 – REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS
A great article on a great website Marijuana Moment that talks about Whole Foods saying that Hemp is going to be one of the to 10 food trends in 2019.
In a press release, the company said it relied on “seasoned trend-spotters” who have “more than 100 years of combined experience in product sourcing, studying consumer preferences and participating in food and wellness industry exhibitions worldwide,” to compile its new report on what to expect next year.
So what will be flying off the shelves in 2019? According to the experts, lots and lots of hemp.
Arrested for or Charged with DUI or driving under the influence of “drugs”?… Contact Komorn Law800-656-3557.
“Hemp hearts, seeds and oils are nothing new to food and body care lovers—they’re in everything from waffle mix to dried pastas,” the company wrote. “But a new interest in the potential benefits stemming from other parts of hemp plants has many brands looking to explore the booming cannabis biz.”
“While CBD oil is still technically taboo (prohibited in food, body care and dietary supplements under federal law), retailers, culinary experts and consumers can’t miss the cannabis craze when visiting food industry trade shows, food innovators conferences or even local farmers markets.”
(For the record, there’s a lot of confusion and disagreement about the federal legality of hemp-derived CBD oil, which you can read more about here.)
The trend won’t stop at CBD, either. Apparently phytocannabinoids, those compounds that are present in cannabis but also in other plants, are “becoming more visible and prevalent.”
“It’s clear that hemp-derived products are going mainstream, if not by wide distribution, then by word of mouth!”
Hemp products that the trend-spotters recommended include a line of health supplements containing phytocannabinoids, a face cream comprised of hemp stem cells and organic shelled hemp seeds.
While cultivating marijuana’s non-intoxicating cousin is currently illegal in the U.S. outside of exceptions for state-approved hemp research programs authorized under the 2014 Farm Bill, there’s a strong possibility that industrial hemp will be broadly legalized—possibly by the end of the year—once the House and Senate reconcile their versions of a new Farm Bill and put it on the president’s desk.
Senate Majority Leader Mitch McConnell (R-KY), who introduced the provision, issued a “guarantee” last week that hemp legalization will be included in the final legislation.
That would give the hemp business an even greater boost going into the new year.
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.
The 2018 Farm Bill will include a provision to legalize industrial hemp, Senate Majority Leader Mitch McConnell (R-KY) and the top Republican and Democrat on the House Agriculture Committee confirmed on Thursday.
Thanks for your hard work, @SenPatRoberts, for our farmers, rural communities and all Americans. Pleased that my provision to legalize industrial hemp is included in the Farm Bill. https://t.co/FSLY3CugIN
Lawmakers in the Senate and House Agriculture Committees announced that they’d reached an agreement in principle on the large-scale food and agriculture policy legislation and were in the process of finalizing “legal and report language.” But while there’s still “more work to do,” it seems that hemp legalization made the cut.
Arrested for or Charged with DUI or driving under the influence of “drugs”?… Contact Komorn Law800-656-3557.
The Congressional Budget Office is currently scoring the bill. Once that’s complete and language is officially filed, the Farm Bill will be teed up for up-or-down votes in both chambers of Congress and, pending approval, sent to the president’s desk. Lawmakers are hoping to pass the bill before the end of the year.
Hemp would be defined as all parts of the plant—including seeds and extracts—as long as they contain less than 0.3 percent THC, according to VoteHemp.The crop would also be entirely removed from the Controlled Substances Act under the legislation.
States that want to be primary regulators are required to submit applications outlining their regulatory plan to the USDA, which will have 60 days to make a decision.
When Congress passed the Farm Bill of 2014, it included Sec. 7606 authorizing state regulated research pilot programs with hemp. That program has been a huge success growing to include over 3,500 licensed participants who planted more than 77,000 acres in 2018. At the same time, the U.S. market for hemp products has grown to more than $800 million as of 2017. However, hemp pilot program regulations are burdensome and are made even more challenging by heavy handed Drug Enforcement Administration oversight. Vote Hemp, along with thousands of businesses and advocates, have been pushing for commercial hemp farming legislation and removal of roadblocks to the growth of the U.S. hemp industry.
Congress has been negotiating a new Farm Bill and is once again considering federal policy regarding hemp thanks to leadership from Senator McConnell (R-KY) and Senator Wyden (D-OR). The House and Senate each passed their versions of the bill and the Senate version included language from the Hemp Farming Act of 2018 that removes hemp from the Controlled Substances Act and allows farmers to grow hemp commercially under a state or federal license.
What will the new Farm Bill hemp law do?
Define industrial hemp broadly to cover all parts of the Cannabis plant including seeds, derivatives, extracts, cannabinoids etc as long as it has a THC level of 0.3% or less
Remove hemp completely from the Controlled Substances Act (CSA)
Make USDA the sole federal regulatory agency overseeing hemp cultivation
Include native American tribes which were not explicitly included in Sec. 7606 of the 2014 Farm Bill
Authorize and fund hemp research as part of the Supplemental and Alternative Crops program and the Critical Agricultural Materials Act
Authorize federal crop insurance for hemp
Require USDA to develop federal regulations for hemp farming that may be used in states that choose not to be the primary regulator
Require states wishing to have primary regulatory authority to submit a plan for regulation to USDA that meets minimum requirements
Repeals Sec. 7606 hemp research program 1 year after USDA establishes federal regulations for hemp farming
Require USDA to conduct a study of state hemp agricultural pilot programs
If the Farm Bill is signed into law before the end of 2018, it will go into effect beginning on January 1, 2019. However, it will take time for the new law to be implemented. In states where hemp is legal, state departments of agriculture will need to submit regulatory plans to USDA for approval.
There are a few minimum requirements that a state plan must have:
a practice to maintain relevant information regarding land on which hemp is produced, including a legal description of the land
a procedure for testing the crop
a procedure for conducting annual inspection (limited to one per year)
a procedure for the effective disposal of products that are produced in violation
a procedure to comply with the enforcement procedures
a certification that the State or Indian tribe has the resources and personnel to carry out the requirements
What about hemp extracts containing CBD?
The Farm Bill removes hemp completely from the CSA. It makes is 100% clear that cannabinoids are included so hemp derived CBD will not be a controlled substance. The bill does not change requirements of the Federal Food, Drug, and Cosmetic Act so producers are still subject to FDA regulations. The FDA has stated in an FAQ that it is their current opinion that CBD may not be sold as a dietary supplement but they have not said that whole plant hemp extracts are covered. Their logic is that a previous application for the drug Epidiolex prohibits the sale of the same substance as a dietary supplement. But Epidiolex is pure CBD and is not the same as a whole plant hemp extract. The industry does not agree with FDAs stance on CBD and there will likely be further developments on this.
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.
The Bureau of Medical Marihuana Regulation (BMMR) enforces the Administrative Rules under the authority of the Medical Marihuana Facilities Licensing Act (MMFLA).
Administrative Rule 62 (R 333.262) states that marihuana-infused products processed, sold, or transferred through provisioning centers must not exceed the maximum THC levels as established by the department.
For the purposes of maximum THC levels for marihuana-infused products, the department published a list of maximum THC concentration and serving limits.
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.
If you were born yesterday you may not know that voters approved the legalization proposal in the November 2018 election. So… recreational use of marijuana will become “legal” before the end of the year in the state of Michigan on.
December 6, 2018
A date which some of us never thought would happen in our lifetime. It has been a long struggle and many have suffered life altering encounters with the powers at be that abuse those powers for self gain and probably self pleasure.
You Can – But You Can’t.
One must remember that there are laws regulating the use and distribution of “legal” marijuana and you can still be arrested and prosecuted for not following the laws to a T.
The Board of State Canvassers certified the election, meaning recreational cannabis will become legal in Michigan according to the Secretary of State on Dec. 6, 2018.
Marijuana will be decriminalized in the state, but you won’t be able to purchase it just yet. It could take up to a year for state legislators and businesses to figure out the licensing aspect.
Adults over the age of 21 will be allowed to cultivate, possess and consume marijuana on Dec. 6. An adult over the age of 21 will be allowed to grow no more than 12 plants at your home.
Don’t forget – It is still a CSA schedule 1 drug according to the state and the feds.
The Gray Areas
This is going to be a whole topic in itself and will addressed in a different article later. But as it is written currently there are gray areas in the act that can be interpeted several ways and taken advantage of by all law enforcement and the private citizen.
Can you say these two words…Case Law. There will be many new ones. Just like the MMMA sprouted.
So prosecutors, law enforcement, judges, court reporters and all those who job depends on the enforcement of marijuana fret not… there is still plenty of punishment to go around and plenty of money to be made. Cause real crime does not pay.
How would you get marijuana?
According to the act… one can not sell marijuana unless you are licensed. You can not make any private monetary transaction to obtain marijuana unless the state gets to scoop a handful of frosting off the cake.
Let the creative ways of pushing the threshold begin…
One CAN give it away. Don’t carry more than you’re allowed. Don’t have more at your house than you’re allowed. This leaves more gray areas than the original MMMA and will certainly trigger a number of case laws. Private citizens who voted it into law will be at risk and law enforcement will take advantage of this for a generation or two.
It’s not the marijuana charge prosecutors will throw at you. It’s all the other charges that will get you. Here is Section 4 of the act for you to read.
How would you buy marijuana?
Businesses would be licensed by the state. The initiative allows cities to decide if they want to allow these businesses in their municipality. The time frame for when businesses could obtain such a license is unclear. It sounds like 2019 but it took other states a couple years to figure it out. Hopefully Michigan can learn from them and improve upon it.
Can you grow your own marijuana?
Yes, you will be allowed to grow NO MORE than 12 plants at your home. If you have a license you will be allowed to legally grow more.
Here are the license types that would be offered:
Marijuana retailer
Marijuana safety compliance facility
Marijuana secure transporter
Marijuana processor
Marijuana microbusiness
Class A marijuana grower authorizing cultivation of not more than 100 marijuana plants
Class B marijuana grower authorizing cultivation of not more than 500 marijuana plants
Class C marijuana grower authorizing cultivation of not more than 2,000 marijuana plants
Arrested for or Charged with DUI or driving under the influence of “drugs”?… Contact Komorn Law800-656-3557.
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.
