Michigan Marijuana Sales Exceed $221 Million In December 2022

Michigan Marijuana Sales Exceed $221 Million In December 2022

Michigan marijuana sales reached a record-breaking high in December, according to state data. While medical cannabis purchases have gradually decreased, the adult-use market has more than compensated for the drop, with total sales reaching an impressive $221.7 million – a staggering $9 million more than the previous record set in September.

The Cannabis Regulatory Agency (CRA) reported that December saw $208,318,037 in recreational cannabis sales and $13,419,377 from medical marijuana purchases, as first reported by New Cannabis Ventures. This remarkable surge in sales is indicative of the growing popularity of marijuana in Michigan and the potential of the industry to become a major economic driver in the state. With the legalization of recreational marijuana, Michigan is now one of the largest markets in the United States, and the industry is expected to continue to grow in the coming years.

Read the report here

Monthly Reports for 2022

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Federal Court Strikes Down Gun Ban For People Who Use Marijuana

Federal Court Strikes Down Gun Ban For People Who Use Marijuana

The federal government’s justification for upholding the law is “concerning,” according to a federal judge, who ruled that the ban on marijuana users owning firearms is unconstitutional.

A man was charged in Oklahoma in 2022 after police found marijuana and a handgun in his car while he was driving, and the U.S. District Court for the Western District of Oklahoma dismissed the indictment on Friday.

 Judge Patrick Wyrick concurred with the attorneys that the Second Amendment of the Constitution is violated by the law that forbids “unlawful” cannabis users from owning firearms.

This ruling comes as the ban is still being contested in a separate federal court by several medical cannabis patients and former Florida Agriculture Commissioner Nikki Fried (D).

The Trump-appointed judge in this case heavily relied on an interpretation of a recent Supreme Court decision in which the justices generally set higher standards for policies that seek to restrict gun rights.

According to the ruling, any such limitations must be in line with the Second Amendment’s original ratification in 1791.

The judge said in his decision on Friday that the historical analogies the Justice Department relied on to support the ban, including allusions to outdated case law prohibiting Catholics, allies, slaves and Indians from owning weapons, “misses the mark” and “cannot provide the basis for a historical analogue.”

The government’s position that marijuana users who use it illegally are “both unvirtuous and dangerous” was also addressed. A user of marijuana does not automatically fall into that category, according to Wyrick, “because the mere act of using marijuana do not involve violent, forceful, or threatening conduct.”

Similar arguments have been made by the government in the Florida-based case, in which medical cannabis patients are actively contesting a federal district court’s decision that dismissed their DOJ lawsuit in November.

Because the state’s cannabis laws had made it possible for “habitual marijuana users” and other disqualified people to obtain firearms illegally, the ATF issued an advisory in 2020 that specifically targeted Michigan and mandated that gun sellers conduct federal background checks on all unlicensed gun buyers.

The Department of Justice will likely appeal Wyrick’s ruling to a higher federal court.

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Michigan Gov Vetoes Several Medical Cannabis Bills

Michigan Gov Vetoes Several Medical Cannabis Bills

Michigan Gov. Gretchen Whitmer, calling them rushed, recently vetoed 11 bills including three medical cannabis bills, with others related to retirement and tax. The governor did however sign into law six other bills approved by the Legislature. 

Two bills that were vetoed: House Bill 5871, which would have amended state law to ease access to medical cannabis products, making them easier to be transferred from one facility to another. HB 5871 would also prohibit a background check of an applicant’s spouse under certain circumstances. 

House Bill 5965, on the other hand, would have updated some language and definitions in the state’s Medical Marihuana Facilities Licensing Act, such as the title for the state’s Cannabis Regulatory Agency (CRA).

Another medical cannabis-related bill was vetoed. House Bill 5839, introduced by Rep. Pat Outman (R – Six Lakes), would have prevented the CRA from denying a person a license to sell cannabis based on their spouse’s job, including if their spouse works for the state or federal government.

Michigan Advance reports that Whitmer said in her veto letter to the Legislature on Dec. 22 that the bills “were rushed through a lame duck session and need closer examination.”

The Cost of Cannabis

The price of cannabis in the Michigan adult-use market plunged about 75%, from nearly $400 an ounce to less than $100 over the past two years. That drop in price triggered some industry officials to call for a moratorium on cultivation licenses. MLive reports that 2022 was a good year for customers, on the other hand, who are paying prices much lower than normal this year. 

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Nevada Judge Rules Cannabis Can No Longer Be A Schedule 1 Drug

Nevada Judge Rules Cannabis Can No Longer Be A Schedule 1 Drug

A Nevada judge has ruled on a closely-followed lawsuit that could have precedent setting influence on a federal level. He determined that the Nevada Board of Pharmacy can no longer list cannabis as a schedule one drug. It was a clear victory for the American Civil Liberties Union (ACLU) of Nevada, which filed the lawsuit back in April 2022.

On Wednesday, District Judge Joe Hardy Jr. sided with the ACLU’s argument that marijuana has an accepted medical use, because voters amended the state constitution in 2000 to legalize medical marijuana. He ordered the Board of Pharmacy to remove cannabis from the list of Schedule 1 drugs, although the timeline for such action is unclear.

Read the complete article here

The original basis for the lawsuit alleged that despite the passage of the Nevada Medical Marijuana Act and the Initiative to Regulate and Tax Marijuana, the state—specifically Nevada State Board of Pharmacy—failed to comport with the will of Nevada voters, the state Constitution and revised statutes. Instead of removing cannabis and cannabis derivatives from its list of controlled substances (NAC 453.510), the Board has continued to regulate them as Schedule 1 substances—similar to that of hardcore drugs with no medicinal benefit.

By definition, a Schedule 1 drug is classified as drugs with no currently accepted medical use and a high potential for abuse. With medical cannabis programs deeply entrenched in the state of Nevada, cannabis’ designation appears to fly in the face of well-established known medicinal uses of the drug. This is the exact contradiction that the ACLU sought to force a ruling on:

The ruling today that cannabis cannot be scheduled as a Schedule 1 substance by Nevada’s Board of Pharmacy without violating the Nevada Constitution reaffirms what the people of this state have known for decades, that marijuana has medicinal value and can be safely distributed to the public.Legal Director for ACLU of Nevada Chris Peterson.

While The Board of Pharmacy has had every opportunity to remove marijuana from its Schedule 1 list on its own, it has persistently resisted to reschedule cannabis in Nevada. Despite the will of the people, it appears to be taking its cues from federal (DEA) guidelines, which continues to list cannabis as a schedule 1 drug. In this hearing, the lawyer representing the Board of Pharmacy argued that federal agencies had not determined that marijuana has an accepted medical use.

While judge Hardy sided with the ACLU on cannabis reclassification, he stopped short of ruling on any issues related to overturning convictions for marijuana-related crimes, because the ACLU’s lawsuit did not address the topic.

There was an attempt at a similar lawsuit in Michigan by Komorn Law, the Michigan Medical Marijuana Association (MMMA), John Sinclair and several others that was denied back in 2019

Nevada Controlled Substance List

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Major Financial Association And 44 State Partners Demand Marijuana Banking Vote

Major Financial Association And 44 State Partners Demand Marijuana Banking Vote

A major national banking association, along with 44 state partners, is asking Senate leadership to bring a House-passed marijuana banking reform bill to a vote on the floor “without further delay.”

In a letter sent to Senate Majority Leader Chuck Schumer (D-NY) and Minority Leader Mitch McConnell (R-KY) on Monday, the Independent Community Bankers of America (ICBA) asked for urgent consideration of the Secure and Fair Enforcement (SAFE) Banking Act, before the end of the year.

“The SAFE Banking Act is essential for the ongoing ability of community banks to effectively serve their communities,” the letter says. “The Act would also alleviate the significant threat to public safety posed by cash intensive CRBs effectively being shut out of the banking industry.”

ICBA said that the legislation should be advanced during the lame duck session either as a standalone bill or as an amendment to another proposal. Schumer has been working to finalize a package of marijuana reform legislation that’s expected to contain the language of the SAFE Banking Act, as well as a separate bipartisan proposal on expunging prior cannabis convictions.

Read the rest here at Marijuana Moment

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Michael Komorn-Featured Top 10 Criminal Defense Attorney

Michael Komorn-Featured Top 10 Criminal Defense Attorney

Michael Komorn was featured as one of the Top 10 Criminal Defense Attorneys in Michigan. The award-winning Attorney has clients throughout the state.

MICHIGAN, USA, November 21, 2022 /EINPresswire.com/ — Award winning Attorney Michael Komorn of Komorn Law was featured as one of the top criminal defense attorneys in Michigan. Being known as one of the most tenacious and persistent opponents when it comes to the defense of his clients in the court room doesn’t come without hard work and experience.

Komorn has uncovered and exposed several alleged misrepresentations in lab procedures and results that have exonerated his clients or changed the practice in which lab work is done.

In the latest Michigan State Police Crime Lab process that has been recently uncovered is the toxicology lab’s inability to discern the difference between THC and CBD in a person’s blood sample.

This was uncovered with the help of Komorn’s tenacity and determination along with the assistance of several other sources. Through the MSP Crime Lab’s own admission, their faulty testing methods have been used for the past twenty years, possibly effecting thousands of people arrested for operating a motor vehicle while under the influence of marijuana in a negative manner. So, if you were consuming CBD products it could show up as THC in a blood sample taken if you were accused of a DUI.

Michael Komorn is no stranger to controversy concerning the MSP Crime Lab in that he discovered that the crime lab was adversely reporting cannabis oil as ‘synthetic THC’ at the urging of Prosecutors so they could charge a person with a felony. Komorn received the ‘Right to Counsel Award’ from the Criminal Defense Attorneys of Michigan for pursuing the evidence that brought this information into the light.

Others include the determination of synthetic marijuana, whether the evidence seized is hemp or cannabis and use of medical marijuana while on probation.

He has also done extensive work on forfeiture cases, getting thousands of dollars in property and money returned to his clients. Even monetary recovery for destroyed marijuana plants.

Michael is a seasoned trial attorney in both state and federal casework. He has won and obtained favorable results for numerous clients in state cases and also at the federal level for federal marijuana possession charges.

Komorn has been featured in the media on many occasions and is one of the go to sources for news interviews for DUI and Cannabis Law. He also has been hosting a podcast called Planet Green Trees TV since 2008 discussing the laws and future of the cannabis industry. Komorn was also featured on an episode of Vice – Weediquette regarding Michigan’s abusive search and seizure activities.

You can read more about awards, cases and the work Michael and his firm have done on KomornLaw.com

Michael Komorn
Komorn Law
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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 – Use Your Brain.