Paid surrogacy no longer a crime in Michigan

Paid surrogacy no longer a crime in Michigan

Apr 8, 2024 | Blog, Michigan News

Paid surrogacy no longer a crime in Michigan after Whitmer signs MI Family Protection Act into law

For over 30 years, individuals in Michigan who sought to build a family through the assistance of a paid surrogate might have encountered potential legal repercussions, including imprisonment or financial penalties.

Under a series of bills signed into law on Monday by Gov. Gretchen Whitmer, that is no longer the case.

Michigan Family Protection Act

The Michigan Family Protection Act is comprised of nine bills—House Bills 5207 through 5215. Together, these bills support parents, children born through surrogacy or IVF, and LGBTQ+ parents who deserve to be treated equally. Specifically, the bills will:

  • Legalize and regulate surrogacy, allowing Michiganders to have children in an environment that protects the children, the parents, and the surrogates.
  • Align with the best practices by ensuring that individuals who serve as surrogates are fairly compensated, have their own legal representation, and are screened by medical professionals before entering into an agreement.
  • Ensure children born by surrogacy and assisted reproductive technology (including IVF) are treated equally under the law.
  • Change outdated state law to treat LGBTQ+ families equally and eliminate the need for them to go through a costly and invasive process to get documentation confirming their parental status. Even if they move to a state that does not respect these basic rights, these bills help ensure they cannot be denied their relationship to their child.
  • Make it easier and cheaper for all Michigan families to get formal recognition of their parental relationship to their children.

“Seeing these bills through to the governor has been one of the most challenging, emotional and rewarding efforts of my legislative career. I couldn’t have done it without my partners at the Capitol, around Michigan and across the nation who have worked so hard to make this long-overdue change to state law,” said state Rep. Samantha Steckloff (D-Farmington Hills), lead sponsor of the package.

“For the couples that have relied on IVF to start or grow their families; for those who wanted to turn to surrogacy but couldn’t execute a contract; for parents struggling to adopt their own biological children — today is a new day. With protections for IVF, legal surrogacy contracts and clear legal links between parent and child, Michigan is a freer and more welcoming state today than we were yesterday.”

“Today marks an exciting moment in our ongoing fight to protect people’s freedom to decide when and how to start a family,” said state Rep. Penelope Tsernoglou (D-East Lansing). “Having personally experienced the life-changing impact of IVF, I know the profound significance these treatments can provide people. That’s why I’m so proud that we’re safeguarding these rights in Michigan. This is a promise to every individual and couple that they have the right and autonomy to plan their pathway to parenthood — and experience the joy of bringing life into this world, if they choose.”

“This bill package is important for Michiganders, and today is a memorable and very significant day as it becomes law,” said state Rep. Amos O’Neal (D-Saginaw), sponsor of HB 5215. “Michigan is the last state in the nation to legalize contractual surrogacy. As a father of three, I know how important and meaningful it is to grow your family, and today we are allowing Michiganders the choice to determine when, how or if they will grow a family. Dems are committed to securing your reproductive health rights.”

Protecting Reproductive Freedom

As other states seek to restrict IVF, ban abortion, and make it harder to start a family, Michigan is supporting women and protecting reproductive freedoms for everyone.

In 2022, the United States Supreme Court overturned Roe v. Wade, taking away the constitutional right to abortion that American women had for half a century. Many states either passed or had preexisting bans on abortion that went into effect. Michigan had a pre-existing law on the books banning abortion without exceptions for rape or incest and criminalizing nurses and doctors for providing reproductive health care.

In November 2022, Michiganders voted overwhelmingly to pass Proposal 3, which enshrined the right to reproductive freedom in the Michigan constitution. This action protected the right to prenatal care, childbirth, postpartum care, contraception, sterilization, abortion, miscarriage management, and infertility in the Michigan constitution.

Since then, attacks on reproductive freedom have continued. Last month, Right to Life Michigan filed a lawsuit challenging Proposal 3, threatening access to IVF, prenatal care, and other reproductive health care.

More recently, the Alabama Supreme Court’s ruling to take IVF away from families put this procedure used by millions of Americans to have children every year at risk. There have been bills introduced in over a dozen other states and at the federal level that would ban IVF.

Source

The Call With the  Question we Anticipate in Today’s Environment

Question: Can I start a surrogacy handmaid tale type of business in Michigan now that it’s not a crime? How much does it pay?

Answer: That is not our field of law. We suggest you ask the Govenor, Attorney General and refer to the new laws. Call us when you get arrested.

 

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Oregon governor signs a bill recriminalizing drug possession

Oregon governor signs a bill recriminalizing drug possession

Apr 5, 2024 | Blog, USA news

Oregon governor signs a bill recriminalizing drug possession into law

On April 1, 2024, Oregon Governor Tina Kotek signed House Bill 4002 into law, effectively recriminalizing the possession of small amounts of certain controlled substances. This legislation marks a significant shift in Oregon’s drug policy, reversing a key provision of Ballot Measure 110 passed by voters in 2020. Measure 110 decriminalized possession of illicit drugs like heroin, cocaine, and methamphetamine, making them civil violations punishable by a fine only.

In a signing letter, Kotek said the law’s success will depend on “deep coordination” between courts, police, prosecutors, defense attorneys and local mental health providers, describing them as “necessary partners to achieve the vision for this legislation.”

House Bill 4002: Key Provisions

  • Recriminalization: Possession of controlled substances in usable quantities for personal consumption becomes a Class A misdemeanor, punishable by up to six months in jail, a fine of up to $3,600, or both.
  • Treatment Emphasis: The bill allocates new funding for substance abuse treatment programs. Law enforcement agencies are encouraged to create deflection programs that divert individuals caught with drugs towards treatment options instead of prosecution.
  • Implementation Timeline: The recriminalization provisions take effect on September 1, 2024.

Background: The Decriminalization Experiment

Measure 110, approved with over 58% of the vote, aimed to address the state’s addiction crisis by shifting focus from punishment to treatment. However, implementation issues arose. Limited treatment resources hampered the program’s effectiveness, and concerns emerged regarding increased public drug use and public safety.

Arguments for Recriminalization

Proponents of House Bill 4002 argue that decriminalization failed to deliver on its promises. They cite:

  • Inadequate Treatment Infrastructure: The lack of readily available treatment options rendered the decriminalization policy ineffective in addressing addiction.
  • Public Safety Concerns: Increased reports of public drug use and associated criminal activity fueled arguments for stricter enforcement.
  • Unintended Consequences: Critics argued decriminalization normalized drug use and discouraged individuals from seeking help.

Arguments Against Recriminalization

Opponents of the bill express concerns that it represents a step backward in drug policy reform. They argue:

  • The Criminal Justice System is Ineffective: They believe criminalization disproportionately impacts low-income communities and people of color, hindering access to treatment.
  • Focus on Treatment, Not Incarceration: Opponents advocate for increased investment in treatment programs over incarceration, which they view as counterproductive.
  • Limited Bill Impact: Critics argue the bill’s treatment funding is insufficient and may not effectively address the root causes of addiction.

The Road Ahead

House Bill 4002 represents a compromise approach, attempting to balance public safety concerns with treatment availability. The success of this legislation hinges on several factors, including:

  • Effective Implementation: Establishing accessible, well-funded treatment programs is crucial to diverting individuals from the criminal justice system.
  • Police Discretion: Law enforcement agencies will need clear guidelines on implementing the deflection programs and how to interact with individuals struggling with addiction.
  • Data Collection and Analysis: Monitoring the program’s impact on public safety, treatment utilization, and recidivism rates will be essential for evaluating its effectiveness.

Oregon’s policy shift reflects the ongoing national debate on drug policy reform. The coming months will be crucial in determining whether House Bill 4002 offers a viable solution to the state’s addiction crisis.

Oregon sees highest fentanyl overdose death increase in U.S. …

 How many people died from fentanyl in Oregon 2023?

 

Real Questions from Real Calls

Question: I think I found a bag with some Fentynal in my yard??

Answer: Get far away and call the police. Even though we battle the police in a court of law there is still a need for them. Unless you want to pick it up and find out.

What is Fentanyl?

In 2023 the overdose death rate topped 112,000 in a 12 month period for the first time, according to the Centers for Disease Control and Prevention. Dec 28, 2023 (Still left out 3 days)

 

 

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Why Better Made is suing several Michigan marijuana companies

Why Better Made is suing several Michigan marijuana companies

Apr 4, 2024 | Blog, Michigan News

Better Made vs. Cannabis Companies: A Michigan Trademark Dispute

Summary

Better Made, is embroiled in a legal battle with over a dozen cannabis businesses in the state. The lawsuit, filed in March 2024, centers on allegations of trademark infringement. Better Made claims a cannabis brand named “Better Smoke” is using a logo confusingly similar to their own, potentially misleading consumers and damaging their brand reputation.

Trademark Infringement Claims

Better Made asserts that the “Better Smoke” logo replicates key elements of their established trademark. This includes a similar design layout and potentially the use of a similar color scheme. The lawsuit argues that this similarity is likely to cause consumer confusion, leading people to believe the cannabis products are somehow affiliated with Better Made potato chips.

Protecting Brand Identity

The core of Better Made’s case rests on the concept of trademark infringement. Trademarks are symbols or designs that identify a specific source of goods or services. By establishing a trademark, companies gain legal protection against others using confusingly similar marks that could mislead consumers.

Dangers of Dilution

Beyond simply avoiding confusion, Better Made also claims trademark dilution. This legal concept protects against uses that weaken the distinctiveness of a brand, even if there’s no immediate confusion. In this case, Better Made argues that the “Better Smoke” brand chips away at the unique identity they’ve built for their own products.

Legal Repercussions

Better Made seeks both monetary damages and an injunction. An injunction is a court order prohibiting the defendants from using the allegedly infringing logo. If successful, this could force the “Better Smoke” brand to redesign its packaging and marketing materials.

The Road Ahead

The outcome of this lawsuit will be closely watched by businesses in both the food and cannabis industries. A win for Better Made could set a precedent for how established brands can protect themselves from potential confusion caused by cannabis businesses using similar names or logos.

Real Questions from Real Calls

Question: I smoked several joints and consumed too many marijuana edibles at a concert in the park.  Is that legal??

Answer: If it was not a state licensed consumption event the answer is no. It is unlawful to smoke marijuana in public places. The Gov needs to get their cut.

333.27954 Scope of act; unauthorized activities with marihuana and marihuana accessories; limitations; application of privileges, rights, immunities, and defenses under other marihuana laws; employer rights; property owner rights.

Sec. 4. 1. This act does not authorize:

(e) consuming marihuana in a public place or smoking marihuana where prohibited by the person who owns, occupies, or manages the property, except for purposes of this subdivision a public place does not include an area designated for consumption within a municipality that has authorized consumption in designated areas that are not accessible to persons under 21 years of age;

Read the Law

https://www.legislature.mi.gov/documents/mcl/pdf/mcl-Initiated-Law-1-of-2018.pdf

 

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John Sinclair, the inspiration for Ann Arbor’s Hash Bash, dead at 82

John Sinclair, the inspiration for Ann Arbor’s Hash Bash, dead at 82

Apr 3, 2024 | Blog, Michigan News, News, USA news

John Sinclair, the poet whose imprisonment for marijuana inspired the start of Ann Arbor’s long-running annual Hash Bash in the 1970s, has died.

He was 82.

Sinclair’s passing occurred on Tuesday, April 2, 2024, at a Detroit hospital, merely four days prior to his scheduled appearance at the esteemed 53rd-annual marijuana rally on the University of Michigan Diag.

Sinclair faced health challenges in recent years, requiring him to rely on a wheelchair while residing in Detroit.

However, his dedication to Hash Bash prevailed, as he continued to make appearances at the event until 2023.

Heart failure was the official cause of death reported.

Sinclair’s passing will be a huge focus at Hash Bash, which starts at noon Saturday, April 6 2024.

The annual marijuana celebration and smoke fest traces its roots back to April 1972, a mere four months after renowned musician John Lennon, alongside other notable figures, descended upon the town for a freedom rally dedicated to Sinclair.

At the time, Sinclair was serving a prison sentence of 10 years merely for possessing two joints.

Read More Here @ MLive

MLive: A history of Hash Bash and marijuana activism in Ann Arbor

Hash Bash 2020 – You Tube Video Playlist (Year of Covid)

Hash Bash 2021 – You Tube Video Playlist

Hash Bash 2022 – You Tube Video Playlist

More Videos

Ten for Two – Part 1

Ten for Two – Part 2

John Sinclair first emerged out of his small-town Michigan background to forge a legendary course through the 1960s as a cultural activist, manager of the MC5, and Chairman of the White Panther Party. An early victim of the War on Drugs who faced 20 years to life in prison for giving two joints to an undercover policewoman, Sinclair served 29 months of a 9-1/2-to-10-year sentence before his legal victory on appeal changed the law for good. The long campaign waged by Sinclair culminated in a massive John Sinclair Freedom Rally on December 10th 1971, headlined by John Lennon & Yoko Ono, Stevie Wonder, Bob Seger, Phil Ochs, Allen Ginsberg and Bobby Seale that resulted in Sinclairs release from prison three days later.

Real Questions from Real Calls

Question: I smoked marijuana and consumed marijuana edibles at the hash bash in the U of M diag.  Is that legal??

No. It is unlawful to smoke marijuana in public places.

333.27954 Scope of act; unauthorized activities with marihuana and marihuana accessories; limitations; application of privileges, rights, immunities, and defenses under other marihuana laws; employer rights; property owner rights.

Sec. 4. 1. This act does not authorize:

(e) consuming marihuana in a public place or smoking marihuana where prohibited by the person who owns, occupies, or manages the property, except for purposes of this subdivision a public place does not include an area designated for consumption within a municipality that has authorized consumption in designated areas that are not accessible to persons under 21 years of age;

Read the Law

https://www.legislature.mi.gov/documents/mcl/pdf/mcl-Initiated-Law-1-of-2018.pdf

 

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Is a Verbal Agreement Legal?

Is a Verbal Agreement Legal?

Apr 2, 2024 | Blog, Michigan Crime, Michigan Laws, Your Rights

Is Oral Legal?

Verbal agreements, also called oral contracts, can be legal and enforceable in Michigan, but with some limitations.

Here’s a breakdown:

Generally Enforceable: Michigan law recognizes verbal contracts as valid if they meet the standard elements of a contract: offer, acceptance, and consideration (exchange of something of value).

Statute of Frauds: However, there’s a law called the Statute of Frauds that requires certain contracts to be in writing and signed to be enforceable.

These include:

  • Agreements that won’t be performed within one year of making the agreement.
  • Promises to answer for the debt of another person.
  • Selling real estate.
  • Selling goods for over $1,000.

Difficulties in Court: Even if your verbal agreement isn’t subject to the Statute of Frauds, it can be difficult to enforce in court. This is because there’s no written record of the agreement, so it becomes a “he-said, she-said” situation.

To Sum it Up: Verbal agreements can be legal in Michigan, but it’s always better to have a written contract, especially for important agreements. A written contract provides clear evidence of the terms and reduces the risk of misunderstandings or someone backing out of the agreement.

If you’re unsure whether your verbal agreement needs to be in writing or you need help enforcing a verbal agreement, it’s best to consult with an attorney.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

What’s the law?

There isn’t a specific MCL dedicated solely to verbal agreements in Michigan. However, the relevant statute that applies to the enforceability of certain contracts based on form is the Statute of Frauds. This is found in the Uniform Commercial Code (UCC) under Article 2 on Sales:

This MCL outlines the types of contracts that must be in writing and signed to be enforceable in court. These include:

  • Agreements that can’t be performed within one year (MCL 566.132(1)(a))
  • Promises to guarantee another’s debt (MCL 566.132(1)(b))

Michigan’s UCC also has a separate provision under Article 2 for the sale of goods:

This MCL requires any contract for the sale of goods for more than $1,000 to be in writing to be enforceable.

So, while there’s no single MCL for verbal agreements, these two provisions (MCL 566.132 and MCL 440.2201) are the key ones to consider when determining if a verbal agreement needs to be written down in Michigan.

Real Questions from Real Calls

Question: I made a verbal agreement and shook hands with my friend for a $20 bet that he couldn’t eat a spoonful of cinnamon. He did. Am I legally obligated to pay him?

Answer: Some questions don’t need legal advice. Pay him the $20 and don’t bet anymore.

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Squatters and the Law in Michigan

Squatters and the Law in Michigan

Apr 1, 2024 | Blog, Michigan Crime, Michigan Laws, Your Rights

Squatters and You

Squatting, in one definition is the act of occupying a property without legal permission, can be a headache for both property owners and squatters themselves. Sorry to cause you a such a headache squatter.

Michigan has specific laws addressing squatting, offering some protection to owners while outlining potential consequences for squatters.

Here’s One…

MCL 750.553: Criminal Trespass

Michigan criminalizes squatting in single-family dwellings and one or both units in a two-family dwelling through MCL 750.553. This law defines “occupies” as physically living within the structure.

Here’s a breakdown of the key points:

  • No Consent: The squatter must have never had the owner’s consent to occupy the property.
  • Penalty: A first offense is considered a misdemeanor punishable by a fine of up to $5,000 per dwelling unit occupied, imprisonment for not more than 180 days, or both. Subsequent offenses are felonies with steeper penalties.
  • Exceptions: The law doesn’t apply to guests or family members of the owner or a tenant.

This statute empowers property owners to pursue legal action against squatters, potentially leading to their removal and facing criminal charges. While they destroy your property and cost you legal fees, house and utility payments. 

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Self-Help Eviction

Michigan offers a unique remedy for property owners: self-help eviction.

Unlike most states, Michigan allows owners to take specific actions to encourage squatters to leave without involving law enforcement.

However, crucial limitations exist:

  • Limited Scope: Self-help measures are only applicable to situations covered by MCL 750.553 (single-family and two-family dwellings).
  • Actions: These measures can involve changing locks, shutting off utilities deemed non-essential for safety and health (like electricity or heat), or removing the squatter’s belongings after they’ve been properly evicted (typically through a legal notice).

Important Cautions:

  • Legality: Any self-help actions must strictly adhere to legal boundaries. Improper actions can lead to lawsuits from the squatter. Consulting a lawyer before taking any steps is highly recommended.
  • Tenant vs. Squatter: These measures cannot be used against tenants with a valid lease agreement. Evicting tenants requires following formal eviction procedures.

MCL Adverse Possession vs. Squatting

It’s important to distinguish squatting from adverse possession, another legal concept related to occupying land. MCL 600.5801 [MCL 600.5801] outlines adverse possession, where someone can potentially gain ownership of a property through extended, uninterrupted, and hostile possession that meets specific criteria. Squatting, however, is generally temporary and lacks the “hostile” element required for adverse possession.

Adverse Possession in Michigan – Can Someone Claim Your Property?

Taking Action – Since You Can’t Call in the A Team

If you suspect someone is squatting in your property, here are some steps to consider:

  • Contact Law Enforcement: For situations covered by MCL 750.553, involving the police can initiate the process of removing the squatter and potentially pressing charges.
  • Seek Legal Counsel: An attorney can guide you through the legal options available, including navigating self-help measures or pursuing formal eviction procedures.

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The Law

750.553 Occupancy of building without consent; violation; penalty; exception.

Sec. 553.

    (1) Except as provided in subsection (2), an individual who occupies a building that is a single-family dwelling or 1 or both units in a building that is a 2-family dwelling and has not, at any time during that period of occupancy, occupied the property with the owner’s consent for an agreed-upon consideration is guilty of a crime as follows:
    (a) For a first offense, a misdemeanor punishable by a fine of not more than $5,000.00 per dwelling unit occupied or imprisonment for not more than 180 days, or both.
    (b) For a second or subsequent offense, a felony punishable by a fine of not more than $10,000.00 per dwelling unit occupied or imprisonment for not more than 2 years, or both.
    (2) Subsection (1) does not apply to a guest or a family member of the owner of the dwelling or of a tenant.

Real Questions from Real Calls

Question: I am squatting in a house in Michigan and was threatened by the owner. What can I do?

In Michigan, squatting is illegal and the owner has the right to take action to get you out. Here’s what you should know:

Your Legal Situation:

  • Squatting is a Crime: Michigan’s MCL 750.553 criminalizes squatting in single-family homes and one or both units in a two-family dwelling [MCL 750.553]. Since you’re squatting, the owner has legal grounds to pursue your removal.
  • Threats vs. Legal Action: While the owner may have threatened you, they can’t physically remove you themselves. However, they can involve the police or initiate legal eviction proceedings.

What You Can Do:

  • Leave Immediately: This is the safest and most advisable option. There’s a high chance you’ll be evicted if the owner pursues legal channels, and you could face criminal charges.
  • Seek Shelter Assistance: Contact local homeless shelters or social service agencies for temporary housing or resources to help you find permanent housing.
  • Legal Aid: Consider seeking legal aid from organizations specializing in tenant rights. They can offer advice on your options and potential defenses (if any) based on the specifics of your situation.

Important Notes:

  • Self-Help Eviction: Michigan allows self-help eviction for some situations, but it’s a complex process with legal risks. It’s best to avoid this and let the legal system handle the eviction.
  • False Claims of Tenancy: Don’t attempt to falsely claim you have a lease agreement. This is a crime and could worsen your situation.

Here are some resources that can help:

  • Michigan Legal Services Helpline: 1-888-773-8255

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