Court rules that Illegal cannabis grow of any size just a misdemeanor in Michigan

Court rules that Illegal cannabis grow of any size just a misdemeanor in Michigan

According to MLive – The likelihood of black-market marijuana growers in Michigan facing full-blown, paramilitary-style raids featuring battering rams and heavily armed narcotics teams has diminished.

Growing illegal marijuana in Michigan, even potentially thousands of plants, is only a misdemeanor crime, the state Court of Appeals ruled on Oct. 5, 2023.

Attorney Michael Komorn of the Komorn law firm specializes in cannabis defense and currently has several clients charged under felony marijuana possession laws. In light of the Court of Appeals ruling, he plans to file motions requesting those charges be reduced to misdemeanors.

Komorn said most prosecutors and police have already placed a low priority on marijuana enforcement, except for “certain pockets” of the state.

“They’ll raid like the old days, come in with guns and masks and go through that whole process,” he said, “but their dilemma is, how do we charge somebody. What, do you get charged with a misdemeanor?

 

“I have a number of cases where they’ve seized property and not charged anybody. And you can only reap the benefits of forfeiture if you get a felony conviction.”

Read the full article here at MLive

DEA

Don’t count out the Feds for a good raid or two.

Federal Law (Oct 2023) 

Under federal law, marijuana is a Schedule I controlled substance, meaning that it has a high potential for abuse and no currently accepted medical use. This means that it is illegal to possess, manufacture, distribute, or dispense marijuana, except for certain research purposes.

The federal laws regarding marijuana are enforced by the Drug Enforcement Administration (DEA). The DEA can investigate and arrest people for marijuana offenses, and it can also seize marijuana and other assets related to marijuana trafficking.

The penalties for marijuana offenses under federal law can be severe. For example, possession of marijuana can be punished by up to one year in prison and a fine of up to $1,000. Manufacturing, distributing, or dispensing marijuana can be punished by up to five years in prison and a fine of up to $250,000.

However, it is important to note that the federal laws regarding marijuana are in conflict with the laws of many states. In recent years, a growing number of states have legalized marijuana for medical or recreational use. Despite the state laws, marijuana remains illegal under federal law.

This conflict between federal and state law has created a number of challenges for law enforcement and the marijuana industry. For example, it is unclear whether federal law enforcement officials can arrest people who are using or selling marijuana in states where it is legal. Additionally, the legal marijuana industry has difficulty accessing banking services and other financial resources, because banks are afraid of violating federal law.

There is a growing movement to reform the federal laws regarding marijuana. A number of bills have been introduced in Congress that would legalize marijuana at the federal level or deschedule it from the Controlled Substances Act. However, it is unclear whether any of these bills will be passed into law.

In the meantime, the conflict between federal and state law remains. People who use or sell marijuana in states where it is legal should be aware that they are still violating federal law.

Don’t tell that to the taxman though – See section 280E of the IRS code.

 

taxing illegal activities-is that even legal

 

Michigan

Michigan has seen a rise in illegal marijuana grows in recent years, despite the state’s legalization of recreational and medical marijuana in 2018. These illegal grows are often large-scale operations that operate without a license and violate state laws.

There are a number of reasons why people might choose to grow marijuana illegally. Some people may be trying to avoid paying taxes on their marijuana sales, while others may be growing marijuana to sell on the black market. In some cases, people may grow marijuana illegally because they are unaware of the state’s marijuana laws.

 

Illegal marijuana grows can have a number of negative consequences. They can be a nuisance to neighbors, due to the smell of marijuana and the increased traffic in and out of the property. Illegal grows can also be a public safety hazard, as they may use dangerous chemicals and electrical equipment. Additionally, illegal grows can contribute to the black market for marijuana, which can lead to violence.

The Michigan State Police (MSP) is responsible for investigating illegal marijuana grows in the state. The MSP has a dedicated Marijuana and Tobacco Investigation Section (MTIS) that investigates these crimes. In recent years, the MTIS has conducted hundreds of investigations and seized millions of dollars worth of marijuana from illegal grows.

If you suspect that there is an illegal marijuana grow in your neighborhood, you should report it to the MSP.

You can find out what time it is by calling 202-762-1401.

 

If you are thinking about growing marijuana in Michigan, it is important to make sure that you are doing so legally. You can find more information about Michigan’s marijuana laws on the website of the Michigan Cannabis Regulatory Agency or consult an experienced law firm regarding cannabis licensing in Michigan such a Komorn Law.

Fight back

If you don’t want to submit and plead and want to fight for your rights.
Call our office: Komorn Law (248) 357-2550.
We have defended many of these cases with positive outcomes.

 

Did You Know

Michigan State Police Legal Updates

MSP Legal Update No. 153 (01/2023)

  • Search & Seizure: The smell of marihuana, standing alone, no longer constitutes probable cause to search for that substance
  • Vehicle Code: Violation for impeding traffic requires evidence the accused’s conduct actually affected the normal flow of traffic.

Legal Update No. 153 (01/2023)

 

MSP Legal Update No. 150 (01/2022)

  • Vehicle Code: Persons under the age of 21 may be prosecuted for operating a motor vehicle with the presence of marihuana in their system
  • Criminal Law: Ethnic intimidation based on gender includes harassing or intimidating another person because of the actual or perceived gender of that person.

Legal Update No. 150 (01/2022)

 

MSP Legal Update No. 149 (10/2021)

  • Search & Seizure: Persons have a reasonable expectation of privacy in their property against “drone” surveillance conducted without a warrant or pursuant to a recognized exception to the warrant requirement
  • Search & Seizure: The “community caretaking” exception to the Fourth Amendment warrant requirement does not extend to the home.

Legal Update No. 149 (10/2021)

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MI Democrats: Give driver licenses to undocumented immigrants

MI Democrats: Give driver licenses to undocumented immigrants

Undocumented immigrants could obtain a Michigan driver license or state identification card under Democratic legislation that sponsors hope to make law this year.

Supporters say that giving more illegal immigrants legal permission to drive to work, medical appointments or other functions without the threat of arrest or deportation is a matter of “human dignity” that would benefit the economy, including farmers who rely on seasonal labor.

“It is not the state government’s purview or job to fix our broken immigration system,” House Majority Floor Leader Abraham Aiyash, D-Hamtramck, said.

 

“We’re not going to wait for the federal government to act to make sure that all Michiganders are going to be safe.”

Advocates argue that House bills 4410-4412 and Senate bills 265-267 would help protect people on the roads.

A lack of legal documentation can prompt drivers to flee the scene of an accident or their broken-down car out of fear of deportation.

“My colleagues and I will do everything we can to make sure that we have the votes that are necessary to get these bills passed and signed into law,” Senate Civil Rights Committee Chair Stephanie Chang, D-Detroit, told reporters. 

“There’s not an apple, blueberry, asparagus, turkey, egg (farm) that this legislation wouldn’t help,” said Rob Steffens. “Our people want to follow the law, but they can’t.”

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FAQs

Q: What do Michigan House bills 4410-4412 do?

A: Michigan House bills 4410-4412 would make noncommercial Michigan driver’s licenses and state identification cards available to applicants who do not have proof of U.S. citizenship or immigration status.

Q: Why are these bills being introduced?

A: The bills are being introduced to address the needs of undocumented immigrants and other noncitizens who need a driver’s license or state identification card for driving, employment, and other purposes.

Q: Who would be eligible for a noncommercial Michigan driver’s license or state identification card under these bills?

A: To be eligible for a noncommercial Michigan driver’s license or state identification card under these bills, an applicant must:

  • Be at least 16 years old
  • Be a resident of Michigan
  • Meet all other requirements for a driver’s license or state identification card, except for the requirement of proof of U.S. citizenship or immigration status

Q: How would noncommercial Michigan driver’s licenses and state identification cards be different from regular Michigan driver’s licenses and state identification cards?

A: Noncommercial Michigan driver’s licenses and state identification cards would have the same appearance and function as regular Michigan driver’s licenses and state identification cards, except that they would be marked “NONCOMMERCIAL” and would not be valid for travel outside of the United States.

Q: When would these bills take effect if they are passed?

A: If these bills are passed and signed into law, they would take effect on October 1, 2024.

Additional information:

The bills were introduced by Representative Stephanie Chang on September 28, 2023.
The bills have been referred to the House Committee on Transportation and Infrastructure.

Please note that this is just a summary of the legislation and does not constitute legal advice. If you have any questions about the legislation, you should consult with an attorney.

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Michigan K-12 students could take medical marijuana to school

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Students attending K-12 schools in Michigan would have the opportunity to utilize medical marijuana and CBD-infused products thanks to recently introduced legislation (2023-HIB-5063).

The bill, introduced by Democratic representatives in the Michigan House last week, aims to legalize the consumption of marijuana-infused edibles, beverages, and other products with minimal THC content by students on school premises or while riding a school bus.

A designated staff member will have the authority to administer the product, while only those with written permission specifying the appropriate timing and recipients will be permitted to ingest it. Examples of such instances include rescue medication for the relief or prevention of symptoms.

The goal is to improve access to medical marijuana for students who meet the required qualifications, thereby enhancing their accessibility.

It’s a clear demonstration of the state’s commitment to align its policies with the wide range of drugs that vary in legal status within Michigan.

FAQs 

Q: What is the purpose of Michigan legislation 2023-HIB-5063?

A: The purpose of Michigan legislation 2023-HIB-5063 is to require school districts to provide medical marijuana to students who have a medical marijuana card and whose parents or guardians have consented to their use of medical marijuana.

Q: Who is eligible to receive medical marijuana under the legislation?

A: Students who have a medical marijuana card and whose parents or guardians have consented to their use of medical marijuana are eligible to receive medical marijuana under the legislation.

Q: How would medical marijuana be administered to students under the legislation?

A: The legislation would require school districts to designate a school nurse or other qualified school employee to be responsible for administering medical marijuana to students. The legislation also requires school districts to develop a policy for the administration of medical marijuana to students.

Q: Are there any restrictions on the use of medical marijuana by students under the legislation?

A: Yes, there are some restrictions on the use of medical marijuana by students under the legislation. For example, students would not be allowed to use medical marijuana during school hours or during school-sponsored activities.

Q: When would the legislation take effect?

A: If the legislation is passed and signed into law, it would take effect on September 30, 2024.

Additional information:

  • The legislation was introduced by Representative Dylan Wegela on September 28, 2023.
  • The legislation has been referred to the House Committee on Regulatory Reform.
  • The legislation has not yet been voted on by the Michigan House of Representatives as of October 3, 2023.

Please note that this is just a summary of the legislation and does not constitute legal advice. If you have any questions about the legislation, you should consult with an attorney.

Random FAQs

Q: What is a subpoena?

A: A subpoena is a court order that requires a person to appear in court or to produce documents.

Q: What is a deposition?

A: A deposition is a sworn statement that a witness gives outside of court. Depositions are often used to gather evidence before a trial.

Q: What is a plea bargain?

A: A plea bargain is an agreement between a defendant and a prosecutor in which the defendant agrees to plead guilty to a lesser charge in exchange for a lighter sentence.

Q: What is a trial by jury?

A: A trial by jury is a trial in which a group of citizens, called jurors, decide the guilt or innocence of a defendant in a criminal case.

Q: What is an appeal?

An appeal is a process by which a party in a lawsuit asks a higher court to review a decision made by a lower court.

Q: What is a writ of habeas corpus?

A writ of habeas corpus is a court order that requires a person who is being held in custody to be brought before a judge so that the legality of their detention can be determined.

Q: What is a Miranda warning?

A Miranda warning is a warning that police officers must give to suspects before they interrogate them. The Miranda warning informs suspects of their rights, such as the right to remain silent and the right to an attorney.

Q: What is a statute of limitations?

A statute of limitations is a law that sets a time limit within which a lawsuit must be filed.

Q: What is a tort?

A tort is a civil wrong that causes harm to another person. Common torts include negligence, assault, and battery.

Q: What is a contract?

A contract is an agreement between two or more parties that is enforceable by law.

Q: What is a crime?

A crime is an act that is prohibited by law and punishable by the government.

What does Quash mean?

to say officially that something or an earlier decision, is no longer to be accepted: His conviction was quashed after his attorney argued that police evidence was all lies.

What is conviction vacated mean?

When a sentence is vacated: It legally annuls the conviction. Vacating a criminal sentence means removing that conviction from a person’s record. The record will then appear as if the person was never charged and convicted of a crime.

Why would a sentence be vacated?

Someone who has their conviction vacated are released from custody under certain conditions, such as a plea bargain being breached, proof of ineffective counsel, court bias, or another similar factor that might have impacted the outcome of the original trial.

Is vacating the same as dismissing?

‘Vacating’ or ‘setting aside’ is used when referring to nullifying a specific judgment from the judge (in this case, a guilty or ‘no contest’ judgment).

‘Dismissing’ applies to the entire case. It means that the case is thrown out for reasons other than its factual merits.

Does vacated mean innocent?

Winning the motion to vacate doesn’t mean that this is the end of the matter. The conviction or sentence is canceled as if it never existed, but the court doesn’t close your case. Instead, the prosecutor then decides whether to drop or pursue the original charges.

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Probation and Sentencing Law Changes in Michigan

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Probation and Sentencing Law Changes in Michigan (2021)

Recently, Michigan implemented significant reforms in their criminal justice system, impacting both misdemeanor and felony sentencing as well as probation.

If you or someone you care about is currently on probation or has recently faced criminal charges, it is crucial to seek guidance from an experienced criminal defense attorney. Call our office (248) 357-2550

Rebuttable Presumption

Michigan law now provides a rebuttable presumption that someone convicted of a misdemeanor, other than a serious misdemeanor, must be sentenced to a fine, community service, or other nonjail or non-probation sentence.

A court may depart from this presumption if the court finds there are reasonable grounds for the departure and the court states on the record the grounds for that departure. In other words, the court is now prohibited by law from sentencing someone convicted of a non-serious misdemeanor to probation unless the court explains on the record at sentencing why it is sentencing that person to probation and that reason is considered “reasonable.”

A “serious misdemeanor” includes assault and battery, domestic violence, aggravated domestic violence, assault with serious injury, breaking and entering, illegal entry, child abuse (4th degree), contributing to neglect or delinquency of a minor, prohibited communication through the internet or computer, intentional firearm aiming without malice, discharge of a firearm intentionally aimed at a person, discharge of an intentionally aimed firearm resulting in injury, indecent exposure, stalking, worker injury in a work zone, leaving the scene of an accident, drunk or drugged driving (OWI or OWVI) involving property damage or physical injury/death to another individual (including while operating a watercraft or boat), and selling alcohol to someone under 21 years old.

The new law alters the sentencing period for individuals convicted of misdemeanors and felonies. In general, most felonies now carry a maximum probation term of 3 years, with the possibility of extensions up to 5 years. However, there are exceptions for felony stalking and certain sex offenses, which may still result in lifetime probation.

It is crucial that the conditions of probation are carefully tailored to address the assessed risks and needs of the probationer, as well as the needs of any victims involved. Courts are now obligated to specify the “rehabilitation goals” for each defendant during sentencing.

The conditions of probation must be customized to the individual, address their assessed risks and needs, aim to reduce recidivism, and address the harm caused to victims, their safety concerns, and any requests for protective measures or restitution. Courts also have the authority to make appropriate adjustments to the probation conditions, always considering the specific rehabilitation goals.

Early Discharge of Probation

If you have completed over half of your probation term and met all required programming without any violations in the past three months, you may be eligible for early discharge from probation.

You can notify the probation department or file a Motion for Early Discharge of Probation to request early discharge, and the court may consider it at its discretion. Inability to pay fines or fees does not make you ineligible for early discharge, but the court must consider any outstanding restitution and its impact on the victim.

The court will review your behavior on probation to determine if early discharge is warranted. They may grant early discharge without a hearing, but if they find that it is not warranted, they will conduct a hearing for you to present your case.

Certain crimes are not eligible for early discharge from probation. If your probation officer does not notify the court of your eligibility, contact a criminal defense attorney. Thorough preparation for your early discharge hearing is crucial, and an experienced attorney can guide you through the process.

The Court Should Not Impose a Jail Term or Place the Person on Probation

When sentencing an individual to a misdemeanor, there is a rebuttable presumption that the court should not impose a jail term or placed the person on probation. MCL 769.5(3).

Except “serious misdemeanors” as defined by MCL 780.811(1)(a).

A serious misdemeanor includes an original offense charged as a “crime” but pleaded down. MCL 780.811(1)(a)(xviii).

Crime is defined as a felony-incarceration greater than 1 year. MCL 789.752(1)(b).

Nonjail/Nonprobationary Sentence

Q: MCL 769.5(3) provides that “[t]here is a rebuttable presumption that the court shall sentence an individual convicted of a misdemeanor, other than a serious misdemeanor, 5 with a fine, community service, or other nonjail or nonprobation sentence.”

The statue was effective March 24, 2021. Is it retroactive?


A: MCL 769.5(3) does not expressly indicate that it is retroactive. Therefore, the court will need to determine whether this statute applies to offenses committed on or after March 24, 2021, or rather to those sentenced on or after March 24, 2021.


Q: What does a nonprobation sentence look like?

A: A nonprobation sentence is any lawful sentence that does not include an order of probation. As contemplated in MCL 769.5(3), this may include a fine, community service, other nonjail, etc. If the court orders a defendant to complete certain activities as part of a nonprobation sentence, the court should determine how it will monitor compliance.

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Michigan dropping marijuana drug testing for some new-hires on Oct. 1

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Next month marks the end of drug tests probing for marijuana use among some of the government’s tens of thousands of employees who work for the state of Michigan

Following a summer vote by members on the Michigan Civil Service Commission who unanimously agreed to remove marijuana from the pre-employment drug testing protocols, the state policy will kick in at the beginning of October.

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Michigan Marijuana Dispensary Owner Convicted of Tax Evasion and Obstructing the IRS

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A federal jury in Detroit found a Michigan man guilty of evading federal income taxes and obstructing the IRS, among other charges.

According to court documents and evidence presented at trial, Ryan Richmond, of Bloomfield, owned and operated the marijuana dispensary Relief Choices, LLC in Warren, Michigan. From 2011 through at least 2014, Richmond had Relief Choices pay its operating expenses extensively in cash, and routed customer credit card payments through an unrelated third-party bank account to conceal his true business gross receipts. In 2015 and 2016, Richmond obstructed the IRS by misleading investigators – and particularly an IRS auditor examining his individual income taxes – about his knowledge of, role in and profits derived from his Relief Choices operation. Richmond caused a tax loss to the IRS of more than $1.15 million.

Richmond is scheduled to be sentenced on Dec. 13 and faces a statutory maximum penalty of five years in prison for each count of tax evasion, three years in prison for obstructing the IRS and one year in prison for the willful failure to file a tax return count. He also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

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