Apr 8, 2017 | Blog, News
In states that legalized medical marijuana, U.S. hospitals failed to see a predicted influx of pot smokers, but in an unexpected twist, they treated far fewer opioid users, a new study shows.
Hospitalization rates for opioid painkiller dependence and abuse dropped on average 23 percent in states after marijuana was permitted for medicinal purposes, the analysis found. Hospitalization rates for opioid overdoses dropped 13 percent on average.
At the same time, fears that legalization of medical marijuana would lead to an uptick in cannabis-related hospitalizations proved unfounded, according to the report in Drug and Alcohol Dependence.
As Doctors See Benefits of Medical Marijuana Treatments for Seniors, Calls for Changes in Policy
“Instead, medical marijuana laws may have reduced hospitalizations related to opioid pain relievers,” said study author Yuyan Shi, a public health professor at the University of California, San Diego.
“This study and a few others provided some evidence regarding the potential positive benefits of legalizing marijuana to reduce opioid use and abuse, but they are still preliminary,” she said in an email.
Dr. Esther Choo, a professor of emergency medicine at Oregon Health and Science University in Portland, was intrigued by the study’s suggestion that access to cannabis might reduce opioid misuse.
Related: Pediatricians Warn Against Pot Use: Not Your Dad’s Marijuana
“It is becoming increasingly clear that battling the opioid epidemic will require a multi-pronged approach and a good deal of creativity,” Choo, who was not involved in the study, said in an email. “Could increased liberalization of marijuana be part of the solution? It seems plausible.”
However, she said, “there is still much we need to understand about the mechanisms through which marijuana policy may affect opioid use and harms.”
An estimated 60 percent of Americans now live in the 28 states and Washington, D.C. where medical marijuana is legal under state law.
Meanwhile, the opioid epidemic – sparked by a quadrupling since 1999 in sales of prescription painkillers such as Oxycontin and Vicodin – kills 91 Americans a day.
Shi analyzed hospitalization records from 1997 through 2014 for 27 states, nine of which implemented medical marijuana policies. Her study was the fifth to show declines in opioid use or deaths in states that allow medical cannabis.
Sessions: ‘We Don’t Need To Be Legalizing Marijuana’ 1:15
Previous studies reported associations between medical marijuana and reductions in opioid prescriptions, opioid-related vehicle accidents and opioid-overdose deaths.
In a 2014 study, Dr. Marcus Bachhuber found deaths from opioid overdoses fell by 25 percent in states that legalized medical marijuana.
Since last year, when New York rolled out its medical marijuana program, Bachhuber has included cannabis in a menu of options he offers his patients who suffer chronic or severe pain from neuropathy and HIV/AIDS, he said in a phone interview. Bachhuber, a professor at the Albert Einstein College of Medicine and Montefiore Medical Center in the Bronx, was not involved in the new study.
Related: Marijuana Users Risk Schizophrenia, But the Drug Helps Pain
Many of Bachhuber’s patients ask for help quitting highly addictive opioids, and some have used marijuana to taper off the prescription painkillers, he said.
Nonetheless, a 1970 federal law puts cannabis in the same category as heroin, Schedule 1 of the Comprehensive Drug Abuse Prevention and Control Act, and finds it has no medicinal value. Consequently, doctors can only recommend, not prescribe, marijuana, and physicians who work for the federal government cannot even discuss the weed.
Federal prohibition also has led to severe limitations on marijuana research.
In January, a National Academies report found conclusive or substantial evidence that cannabis can effectively treat chronic pain, chemotherapy-induced nausea and spasticity. The report, written by an independent panel of medical experts, found no evidence of cannabis overdose deaths.
It did, however, find links between cannabis use and an increased risk of vehicle accidents as well as the development of schizophrenia or other psychoses, particularly among the most frequent users.
Bachhuber lamented the dearth of research on the best ways to use marijuana as medicine.
“We have information that it works based on the National Academies’ report,” he said. “But we don’t know who it works best for, at what dosage, for how long.”
Last week, U.S. Attorney General Jeff Sessions, the nation’s top cop, reiterated his concerns about marijuana and heroin, an illegal opioid.
“I am astonished to hear people suggest that we can solve our heroin crisis by legalizing marijuana,” he told law enforcement officers in Virginia, “so people can trade one life-wrecking dependency for another.”
http://www.nbcnews.com/health/health-news/legalized-marijuana-could-help-curb-opioid-epidemic-study-finds-n739301
Apr 8, 2017 | Blog, Medical Marijuana Attorney Michael Komorn, News
A case alleging two Livingston County men operated a collective marijuana-grow operation is on hold while their attorneys appeal a District Court judge’s decision not to dismiss felony charges.
In October, Judge Carol Sue Reader dismissed multiple manufacture marijuana counts lodged against Darryl Scott Berry, of Howell Township, and co-defendant Jeffrey Allen Michael, of Fowlerville, after learning Michigan State Police destroyed more than 500 marijuana plants without a judge’s order. She reversed her ruling March 3, prompting the defense attorneys on Wednesday to request a stay in the case to appeal.
Officers executed search warrants at five properties in Livingston County where they seized an estimated 545 plants as well as about 15 pounds of marijuana, 7 pounds of processed marijuana and suspected marijuana edibles, and more than $195,000 in cash.
The state’s attorney general’s office objected, saying the defendants are “not harmed” by proceeding with the preliminary exam Wednesday, but Reader noted she has a duty to protect a defendant’s rights.
The judge, however, noted that she stands by her opinion that it’s not a medical marijuana case, which was the state’s argument when it asked Reader to reconsider her earlier decision that dismissed the charges.
Defense attorney Michael Komorn, who represents Berry, said the attorney general’s office does not get to decide whether it’s a medical marijuana case because his client’s doctor has already made that determination.
Attorney Shyler Engel, who represents Michael, said the case should be dismissed because the evidence has been destroyed.
As a result, Engel argues, he cannot effectively assert what is known as the Section 4 defense of the Michigan Medical Marihuana Act.
That section gives qualified, registered patients broad immunity from arrest and prosecution.
“I want to tell the court there was only this number of plants but because they’ve been destroyed, I’m unable to do that,” Engel said. “That’s why this case must be dismissed.”
Assistant Attorney General Dianna Collins told the court the state has clippings from each of the plants seized.
Engel countered that the state’s attitude of “just trust us” that the evidence destroyed was a marijuana plant is inappropriate.
Collins further argued that the defendants “were not operating within the medical marijuana” statute.
Contact Livingston Daily justice reporter Lisa Roose-Church at 517-552-2846 or lrchurch@gannett.com. Follow her on Twitter @LisaRooseChurch.
http://www.livingstondaily.com/story/news/local/community/livingston-county/2017/03/29/darryl-berry-marijuana-case/99786588/
Apr 8, 2017 | Blog, Michigan Medical Marijuana Criminal Defense Attorney Michael Komorn, News
CLIO, MI – The attorney for the owner of a medical marijuana facility faced with the possibility being padlocked for a year questions why prosecutors are trying to have the business declared a nuisance.
Attorney Michael Komorn said he doesn’t understand why prosecutors are trying to close the Clio Caregiver Connection as a nuisance even though the community hasn’t come forward with complaints.
“It appears that the main allegation regarding ‘a nuisance’ comes from the drug task force and not the local police agency or community leaders or citizens,” Komorn said.
Genesee County Prosecutor David Leyton filed a nuisance ordinance violation March 3 against the business after an investigation by the Flint Area Narcotics Group alleged the business at 105. N. Mill St. was acting outside of the state’s medical marijuana act.
FANG began its investigation into the facility Sept. 22, after receiving information that the facility was acting as a dispensary, according to the violation complaint.
“It appears as if FANG and FANG alone are the persons complaining of the behavior and will testify about that behavior justifying any injunctions,” Komorn said. “Instead, FANG warrants an injunction for their behavior, and the complaint of nuisance in this case.”
State law allows officials to padlock a property for up to a year over complaints of drug dealing.
Three separate controlled purchases of marijuana were conducted at the business, according to the complaint. The purchaser was a medical marijuana patient, but no person present at the facility was the registered caregiver for the buyer, the complaint claims.
State law allows individuals to serve as caregivers for medical marijuana patients, allowing them to possess up to 2.5 ounces of useable marijuana or 12 marijuana plants for each of their registered patients. Caregivers are allowed to have up to five registered patients.
Search warrants were obtained for the facility and executed Feb. 18. Officials claim they discovered multiple jars of marijuana in cases listed for sale, edible marijuana items, THC wax, suspected psychedelic mushroom cultivation, suspected LSD tabs in the business owner’s vehicle, 12 marijuana plants and $860, according to the complaint.
Komorn also took issue with Leyton filing the complaint, claiming it contradicts prior statements from the prosecutor.
“The restraining order action seems absurd in light of David Leyton’s declaration that he will only review cases where the ‘community’ brings it to him or his office,” Komorn said.
Leyton said Komorn took his statements out of context, and said he would review any case brought to him by law enforcement.
A temporary restraining order was issued this month against the business by Genesee Circuit Judge Archie Hayman after authorities alleged the business continued operating even after the warrants were executed.
On Monday, March 28, Hayman agreed to continue the restraining order until a hearing is held on the padlocking of the business.
The business’s owner did not appear in court for Monday’s hearing. His name is not being released because he has not yet been arraigned on the suspected crimes.
The case will return to court April 25 when Hayman will be asked to decide if the business can be padlocked for up to a year.
Mar 26, 2017 | Blog, News
PONTIAC, Mich. – The Michigan appeals court is criticizing an Oakland County judge for sending a 70-year-old man to prison after he insisted he was too poor to make consistent payments to a crime victim.
In a 2-1 decision, the court said Judge Martha Anderson failed a key step: She yanked Ghazi Marji’s probation and sent him to prison in 2015 without trying to confirm that he was truthful about his weak finances. Marji, a former trucker, was 70 at the time.
The appeals court says the prosecutor and probation department never presented firm facts about Marji’s assets. Judge Elizabeth Gleicher says prosecutors need more than “smoke and mirrors” to lock up someone.
Marji had paid $8,000 toward $23,000 owed to an assault victim. He spent a year in prison.
Mar 3, 2017 | Blog, Michigan Medical Marijuana Act, News
Medical Marihuana Act
Statistical Report with Program Information and Financial Data For Fiscal Year 2016
(Pursuant to MCL 333.26426 (i) (1), (2), (3), (4) and (5) and Section 507 of Public Act 268 of 2016)
December 22, 2016
(l) The amount collected from the medical marihuana program application and renewal fees authorized in section 5 of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26425.
$9,841,058.49
(m) The costs of administering the medical marihuana program under the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430.
$5,293,599.99
Link to Full Document
Mar 1, 2017 | Blog, News
His lawyers say he’s the innocent victim of illegal search and seizure aimed at medical-marijuana users. Police and prosecutors beg to differ
Donny Barnes said he just wants to be a regular guy.
He just wants to run his small businesses scattered around Oakland County. Just wants to hang out with his family at their split-level home on a woodsy street. And just wants to keep using medical marijuana for calming the neck and shoulder pain that Barnes said has plagued him ever since he was in a snowboarding accident at age 19.
But a drug bust in 2014 “turned my life upside down,” said Barnes, 41, of Orion Township. Police seized his property, shutting down his antique resale and spyware businesses, and charged him with possessing more than 100 pounds of marijuana, which Barnes and his lawyers argued didn’t belong to him.
This month, after two years of legal battles, Barnes’ lawyers claimed what they called a rare victory against the Oakland County Prosecutor’s Office, widely known for its aggressive prosecutions of medical-marijuana cases; and against the confiscatory tactics of OAKNET, the county’s much-feared Narcotics Enforcement Team.
Oakland Circuit Judge Denise Langford Morris dismissed a criminal charge against Barnes — marijuana possession with intent to distribute — and she ruled that police had failed to establish probable cause for raiding Barnes’ house, his office and warehouse.
Ecstatic at the ruling early this month, Barnes’ lawyers said it was a sign that times are changing — that a Michigan judge, even in such a conservative bastion as Oakland County, refused to continue waging the discredited war on drugs against one of Michigan’s medical marijuana users.
Yet, Oakland County law-enforcement officials said Barnes merely got lucky with a lenient judge and that, on appeal, the tables would be turned.
A county sheriff’s spokesman said that detectives had indisputable evidence of Barnes having been a big-time marijuana dealer, one who’d tried to hide his illegal activity under the cloak of medical marijuana while overseeing the sale of plastic baggies of marijuana to total strangers — a violation of the state law that allows “transfers” of the medicinal drug but only from a state-registered “caregiver” to that person’s five registered “patients.”
► Police seize property and cash in questionable raids
► Watchdog group gives Michigan a ‘D-‘ on forfeiture laws
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The spokesman said that nothing about the ruling would change the tactics of Oakland County’s drug investigators. And the prosecutor’s office said it decided last week to appeal.
The outcome of the appeal could decide not only Barnes’ fate but also whether his case becomes a landmark ruling that aids others in similar circumstances.
The appeal of the case will explore just what constitutes a legal search and seizure of citizens in Michigan, who have faced civil forfeiture of their cars, cash and even their farmland and houses in some marijuana busts.
It will be argued in a year when Michigan could pivot toward more tolerance of the drug, or the state could adopt even tighter restraints under a Trump administration whose top law enforcer is the notoriously anti-marijuana Attorney General Jeff Sessions.
And the appeal will occur in a year that began with Gov. Rick Snyder signing a bill that gives limited protections to citizens facing civil forfeiture; they no longer must pay a bond of 10% of the value of their seized property to challenge the forfeiture in court. When Snyder signed the bill in early January, both sides of the political spectrum in Michigan — both the conservative/Libertarian Mackinac Center for Public Policy and the liberal American Civil Liberties Union of Michigan — called for more protections.
Outside Michigan, in 12 other states, law enforcement must get a criminal conviction before a suspect forfeits property, and in two states — New Mexico and Nebraska — civil forfeiture is altogether banned, Jarrett Skorup, spokesman for the Mackinac Center, said in the news release.
It was late November 2014 when police shook up what Barnes said was his tranquil lifestyle.
“They even took the Christmas presents I had wrapped for my kids,” Barnes said.
Heavily armed police in masks seized his family’s cars as well as the business computers, tools and considerable inventory of his several trades, and took the contents of several bank accounts including one belonging to his mother. That scenario is a familiar one around Michigan, and especially in Oakland County, where authorities are notorious among marijuana users for being merciless to those accused of skirting Michigan’s medical marijuana act.
Countless defendants in such cases, lacking the money to mount aggressive legal defenses, have been forced to plea bargain, to give up their possessions and accept jail or prison sentences as well as pay fines said David Moffitt a Bingham Farms lawyer.
One of two attorneys defending Barnes. Because his family “has significant resources,” Barnes was able to fight back and win the dismissal, Moffitt said.
This ruling “sends a strong message that in appropriate procedures on the part of police and prosecutors will result in dismissal. To have an Oakland County judge dismiss search warrants for faulty procedures is a game-changer in the state because everyone looks at Oakland County for their legal leadership on key issues.
“What this judge said was that you can’t just kick down doors and seize people’s property without having good reason to do so,” he said.
The same judge, after reviewing a lengthy brief submitted by Barnes’ attorneys, allowed him in a ruling last fall to use medical marijuana while out on bond “for a very demonstrable medical need,” instead of the opioid painkilling pills that caused him dangerous side effects, Moffitt said.
Getting a judge’s approval to use the drug as a bond condition is rare enough, but Moffitt said he was thrilled that Langford Morris wrote a detailed opinion justifying her circuit court ruling, making it precedent-setting for the state, he said.
One strikingly unfair tactic of Oakland County authorities is to arrest a medical-marijuana user, seize property “and then not even file charges if the defendant doesn’t contest the forfeiture — that’s become a standard approach there,” Moffitt added. Barnes wasn’t arrested until 14 months after the raids, seemingly not until he “aggressively challenged and contested the forfeiture case” in a civil case completely separate from his criminal case, his lawyer said.
“Both Mr. Barnes and I believe that the Oakland County sheriff’s department is protecting us every day, but I think they must agree that not everything they do is done perfectly in every case, and this is one of those cases,” said Moffitt, who is a former Oakland County commissioner from Farmington Hills.
Medical-marijuana cases can be complex, said Oakland County Undersheriff Mike McCabe. And so, there was nothing odd or unfair about how long detectives took to investigate before Barnes was arrested, he said. “With the sensitivity of these cases, the prosecutor goes over them with a fine-tooth comb” before approving arrest warrants, he said.
The sheriff’s and prosecutor’s offices have taken strong and specific issue with the dismissal of charges against Barnes. Among his small-business activities was a monthly free magazine called The Burn, whose masthead listed as publisher “Donald Barnes III.” Each edition was loaded with full-color ads, the most prominent ones being those for Metro Detroit Compassion Club, a facility open six days a week at the same address in Waterford Township as Barnes’ magazine
.
Among the come-ones for the Metro Detroit Compassion Club? “All meds locally grown … Providing our members only the best … We now accept valid out-of-state medical cards.”
That line refers to cards issued by numerous states, including Michigan, showing that someone is approved to use medical marijuana although not approved to buy medical cannabis from just anyone in Michigan except under the state’s tightly controlled system that ties caregivers to five so-called and only five “patients.”
So, when undercover informants of the Oakland County Sheriff’s Office were able to buy medical marijuana last year four times at the Metro Detroit Compassion Club, detectives linked that wrongdoing to Barnes, who was listed as the “resident agent” on the incorporation papers of the nonprofit club.
That’s when they decided to burst into the magazine’s offices, as well as into the compassion club at the same address where they found about two pounds of marijuana, and into a warehouse Barnes owned that was full of marijuana plants and more than 100 pounds of marijuana stored in refrigerators, as well as into Barnes’ rambling modern house that held about four pounds, McCabe said.
Did all of the marijuana belong to Barnes? If the case goes to trial, prosecutors will show that much of it did and the motive was to sell the drug for profit, McCabe said. At the warehouse, “the marijuana was in small baggies in refrigerators,” he said.
As for the nonprofit compassion club, it constituted a dispensary — a retail outlet for selling marijuana, McCabe said. Even though Detroit is said to have more than 100 dispensaries, operating mostly without interference by the Wayne County Prosecutor’s Office, Oakland County authorities abide by the view of Michigan Attorney General Bill Schuette, who has declared dispensaries illegal in Michigan.That will soon change, but it hasn’t yet, McCabe said.
Dispensaries are going to be legal in Michigan, through a new law enacted last year, “but not until at least early 2018 — that’s what we’ve been told by people in Lansing; that’s the soonest anybody can get a license to operate one,” McCabe said.
A top attorney at the Oakland County Prosecutor’s Office was adamant about not dropping Barnes’ case.
“We felt that the evidence rose to the level showing that Mr. Barnes was violating state law,” said Paul Walton, Oakland County’s chief assistant prosecutor.
The judge “made the statement that Mr. Barnes was simply an officer of the corporation, but there’s every reason to believe that he had significant involvement, if not outright ownership,” in the dispensary masquerading as a nonprofit club, Walton said.
So,was the ruling was a victory for medical-marijuana users across Michigan, as Barnes’ attorneys insist? Or just a temporary setback to the law-enforcement establishment in Oakland County, standard bearers for a rigid approach to users and distributors of medical marijuana?
Only time, and Michigan’s higher courts, will tell.
Contact Bill Laitner: blaitner@freepress.com
