Last night’s episode of VICELAND’s Weediquette focused on how police forces in Michigan are using civil asset forfeiture to target legally run medicinal marijuana businesses in the state.
Weediquette host Krishna Andavolu – about his reflections after filming the episode; an edited and condensed version of his comments are below.
In Michigan, medical marijuana is legal—but last year, arrest rates were on the rise. Why? It seems like marijuana legalization is meant to at least take the drug out of the realm of the criminal justice system, but while doing research for this season of Weediquette, we found out that there’s still a strong incentive for police officers to go after legal marijuana growers in Michigan. The doctrine that the incentive is based off of is called civil asset forfeiture—which means that if a cop busts you, he or she can take your stuff in addition to throwing you in jail and charging you.
Even though medical marijuana growers have cards that say that they’re legally allowed to grow, civil asset forfeiture incentivizes police departments in Michigan to pursue really small technical violations
—For instance, if there’s a lock on a door that isn’t secure enough, or a key to a room in your grow house or dispensary is left on a counter when it should’ve been in a safe space. So law enforcement targets medical marijuana growers, finds enough evidence to justify a raid, takes all the growers’ stuff, and then makes an excuse for it after the fact.
It’s tough for Michigan cops. The state’s economy is pretty bad, and a lot of their police departments aren’t funded particularly well—so the police are using the doctrine of civil asset forfeiture to target mom-and-pop businesses. One of those businesses was run by the Shattucks, a family we visited who decided to go into the medical marijuana business because they saw people using it and thought it would be a good business to try for a couple of years to raise some capital to go into real estate. They were after the American dream, small business ownership.
However, the St. Clair County drug task force got wind of what they were doing, raided their grow facility, dispensary, and home, and took more than $80,000 worth of their goods. Losing the money and goods was bad enough—but their kids were also at home when the SWAT team came through the door, so their nine-year-old daughter is the one who saw the door broken down and men with guns rushing in.
You could look at the Shattucks and say, “I’m sure they were doing something wrong.” But a SWAT team seems like a disproportionate reaction. It’s an issue of how you implement medical marijuana legalization, but also of what we ask for in our community policing. What’s the relationship between those who are being policed and the police themselves? How do you balance making sure that the marketplace is legitimate while also respecting the people who are already operating legitimately in the marketplace? The Shattucks did everything they could to show the cops that they were doing the right thing—they met with the police department and showed the cops all their paperwork—but that didn’t stop the police from going after them two months later.
Another family we talked to, the Fishers, were in a hearing about a similar criminal case against them, and under cross-examination, the police officer who conducted the raid was asked if he questioned the family about whether they had medical marijuana cards—and he said no. There aren’t lawmakers who are trying to crack down on this stuff, so in a lot of cases drug task forces have no legislative oversight, meaning it’s up to individual cases in court to set any sort of precedent.
On Weediquette, we cover a lot of different stories—stories about medicine and recreational drug use—and this story is about how pot has always made it easy for law enforcement to go after vulnerable communities. We’re on a trajectory where medical marijuana and marijuana in general is going to become legal—it feels inevitable and that the war on drugs will also inevitable fade away—but stories like this bring to light that there’s a lot to still fight for.
GRAND RAPIDS, MI – State police crime labs intentionally misrepresent marijuana oil and edibles as having unknown origins, a tactic that can turn a misdemeanor possession charge into a felony and remove protections for Michigan’s medical marijuana users, a federal lawsuit claims.
Maxwell Lorincz of Spring Lake and three others from the east side of Michigan are seeking class-action status in a lawsuit filed this week in U.S. District Court in Detroit against state police Col. Kriste Kibbey Etue and Inspector Scott Marier, interim director of the Forensic Science Division.
They allege the state police Forensic Division, in concert with the Prosecuting Attorney’s Association of Michigan, or PAAM, established a policy to report marijuana-based edibles and oils as, at least potentially, having an unknown origin if no visible plant material is present.
The active ingredient in marijuana, THC, could then be declared a synthetic substance.
“At least one reason for the policy change was to better establish probable cause to arrest medical marijuana patients, obtain forfeiture of their assets, charge them with crimes they did not commit, and to allow felony charges against others for what is at most a misdemeanor,” Farmington Hills attorney Michael Komorn said in the lawsuit.
State police would not comment with legal action pending, spokeswoman Shanon Banner said.
GRAND HAVEN, MI — The Ottawa County prosecutor says he is not out to overcharge Michigan Medical Marijuana Act cardholders who run afoul of state law. Prosecutor Ron Frantz offered the comments as he responded to criticism about a felony charge against a Spring Lake man who holds a medical marijuana card. Max Lorincz is charged with possession of…
The lawsuit also names Oakland County Sheriff Michael Bouchard and his forensic sciences lab commander as defendants for also allegedly designating oils and edibles as Schedule 1 THC, without any qualification as to its origin.
Undersheriff Michael McCabe, who reviewed the lawsuit that has yet to be served, said the sheriff’s laboratory has received high marks and was recently re-accredited by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board.
“Our testing procedures are above and beyond reproach,” he told The Grand Rapids Press and MLive.
“As far as we’re concerned, the lawsuit, in regards to Oakland County Sheriff’s Office, it’s garbage.”
He said his agency has not talked to state police or the prosecutors’ association – or the Oakland County prosecutor – about its procedures.
“We report the test results,” he said. “Charging decisions are made by the prosecutor’s office independently.”
Lorincz, a medical-marijuana patient, is joined in the lawsuit by Oakland County residents Brandon Shoebe, a licensed medical marijuana caregiver, and Cantrell Carruthers, a licensed caregiver and patient, and Livingston County resident Jason Poe, a licensed patient.
The lawsuit focuses primarily on Lorincz’s case. He was arrested last year after police found residue of oil extracted from marijuana while responding to a medical call at his northern Ottawa County home. Lorincz presented his medical-marijuana documentation, but the sample was sent to a crime lab in Grand Rapids for testing.
Max Lorincz is charged with a two-year felony.
Lorincz was charged with possession of marijuana. He insisted he had immunity. He says prosecutors threatened to charge him with a felony of possession of synthetic THC, and did just that when he refused to plead to the misdemeanor.
A Forensic Division scientist testified he could not tell if the THC sample came from a plant or was synthetic.
Prosecutors argued that the charge was appropriate because crime lab workers determined the origin of the THC sample was unknown because no plant material was present.
Prosecutor Ronald Frantz wrote then: “The court’s decision turned on definitions and statutory language that we believed supported the charge as written. The District Court judge found our interpretation to be correct, Circuit Judge Post disagreed and ruled otherwise. … We believe the increasing prevalence of extremely high potency marijuana-based and synthetic-based drugs is reason to update and clarify our statutes.”
Maxwell, who lost custody of his young son for a time, did not see his troubles end.
“Maxwell and the approximately 200,000 other participants in the (medical marijuana program) face the prospect of being wrongly detained, searched, and prosecuted as a result of the Forensic Division’s official reporting policy regarding marijuana,” Komorn wrote.
“Indeed, the rights of numerous other Michigan citizens are endangered by this policy of reporting false felonies.”
He said the state police crime lab’s own results of the substance in Maxwell’s case showed it to be plant-based.
Komorn said that state police documents obtained under Freedom of Information Act requests showed “a concerted action by Forensic Division, PAAM, and law enforcement to ignore the law and bend the science so as to report all marijuana oils and solids that do not contain visible plant matter as potentially Schedule 1 synthetic THC … .
“In fact, the Forensic Division actually changed its lab manual to require this result from its scientists. This change was made in an attempt to strip medical marijuana patients of their rights and immunities, charge or threaten to charge citizens with greater crimes than they might have committed, obtain plea deals, and increase proceeds from drug forfeiture.”
He said that a crime lab scientist wrote “that ‘it is highly doubtful that any of these (medical marijuana) products we are seeing have THC that was synthesized.”
Komorn said it makes no sense that anyone would try to synthesize THC given the ease of obtaining it from marijuana.
He said that Bradley Choate, a supervisor at the Lansing lab, objected to THC being labeled as potentially synthetic if plant material wasn’t found. Choate wrote in an email that such a designation “would lead a prosecutor to the synthetic portion of the law. …
“This could lead to the wrong charge of possession of synthetic THC and the ultimate wrongful conviction of an individual.
“For the laboratory to contribute to this possible miscarriage of justice would be a huge black eye for the division and the department.”
If you or someone you know is facing charges as a result of Medical Marijuana recommended to you as a medical marijuana patient under the Michigan Medical Marijuana Act, contact Komorn Law and ensure your rights are protected. Michael Komorn is recognized as a leading 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 at 800-656-3557.
A Michigan man has been living a nightmare. He lost custody of his son after a felony marijuana bust, even though he has a valid medical marijuana card.
Max Lorincz is fighting to clear his name after he was accused of possessing synthetic marijuana. His bizarre case has revealed how politics might influence pot prosecutions in Michigan.
Lorincz claims he suffers from a debilitating back injury. He says when he traded prescription drugs for this edible candy containing marijuana his symptoms got better.
But it was a small amount of hash oil that landed Lorincz in the weeds.
Police found it when paramedics came to his house on an unrelated medical emergency. Prosecutors charged Lorincz with a felony after the state crime lab determined his hash oil came from an “origin unknown,” implying it is synthetic.
Michigan’s medical marijuana law says only leaves and flowers are legal, and concentrates are a crime.
“I’ve had to go back to the narcotic pain medications, and it’s just terrible,” said Lorincz.
Lorincz tells Crime Watch Daily Grand Rapids affiliate WXMI as his case wound its way through the system, he was forced to go back on powerful painkillers.
“The doctors are telling me one thing, the judge is saying another, and when I followed my doctor’s recommendations, that’s when my health started to get better,” Lorincz said. “Going back and following what the judge is saying, my health’s just been deteriorating ever since.”
Max Lorincz says what was worse was losing custody of his 6-year-old boy. In court a social worker testified against Lorincz, saying his use of marijuana, even if it is legal, may make him an unfit parent.
“This is a political decision,” said Lorincz’s lawyer Michael Komorn.
Komorn claims prosecutors influence the state lab to misreport results so they can get more convictions.
“What is unique about this case is they are relying on the lab to report these substances so they can escalate these crimes from misdemeanors to felonies,” said Komorn.
A former lab director says Komorn’s claims are true.
“So it was in my experience, it was just a nonstop political game that really got frustrating and it wore down the morale of our staff, and quite honestly it wore me down,” said John Collins, a former lab director.
Collins quit his job as director of the state lab after he says he was pressured to produce results that favored the prosecution.
“Our laboratories are not in the prosecution business, they’re not in the conviction business, they’re in the science business,” said Collins.
The Michigan Prosecuting Attorneys Association is denying those claims from Lorincz and his attorney.
As for Max Lorincz, he’s now off the hook. A judge dismissed the felony charge, saying there was no evidence to prove the hash oil was synthetic.
Lorincz and his wife are reunited with their son.
“It’s like a hundred pounds has been lifted off my chest,” said Lorincz. “It’s like our entire life was put on hold the entire time he was gone.
“We’ll try and have as many positive memories as we can to make up the gap but there’s definitely nothing that makes up for the time that we lost, that’s for sure,” said Lorincz.
The Criminal Defense Attorney of Michigan’s Award Committee has selected Michael J. Komorn as the recipient of their Right to Counsel Award. This award recognizes the amazing contributions of a group or individual in the form of legal representation or other extraordinary service.
Komorn was recognized at CDAM’s Annual Dinner and Awards Banquet, Friday, March 11, 2016, at the Troy, Marriott.
Said CDAM President Patricia A. Maceroni, “CDAM is delighted to recognize Michael Komorn for his extraordinary work in uncovering testing irregularities at the Michigan State Police Forensic Crime Lab while representing his client, Max Lorincz, pro bono.”
While defending Lorincz, Komorn obtained emails through the Freedom of Information Act uncovering recent changes in Crime Lab policies. These policies allowed for the reporting of marijuana abstract residue as “origin unknown.
Said Komorn during a recent interview with Michigan Radio, “The lab specifically changed their policy to report these things in a way that they could arrest patients or caregivers, instead of honoring the protections of the Michigan Medical Marijuana Act.”wn” allowing prosecutors to charge someone with having synthetic THC, a felony, rather than marijuana, a two year misdemeanor.
Said Komorn during a recent interview with Michigan Radio, “The lab specifically changed their policy to report these things in a way that they could arrest patients or caregivers, instead of honoring the protections of the Michigan Medical Marijuana Act.”
In January 2016, Komorn was successful in getting Max Lorincz’ two year felony charge dismissed.
Michigan’s NORML chapter awarded some of the state’s most prominent and outspoken advocates for marijuana law reform during the organization’s Quarterly Meeting held on April 1.
MINORML issues these awards annually, and some are named for activists who have passed away.
Legislator of the Year Award went to Rep. Jeff Irwin (D-Ann Arbor). Rep. Irwin has advocated on behalf of sensible policies and has authored bills on forfeiture reform and marijuana law reform. The Renee Emery Wolfe Activist Award was given to Kevin McCaffery, a Board member of the MILegalize group and a steadfast ally in legalizing cannabis.
A new award, the Gaitwood Galbraith Attorney of the Year Award, was given to criminal defense attorney Michael Komorn. In addition to numerous courtroom victories, Komorn Law uncovered a scandal with scientific reporting of cannabis evidence by the Michigan State Police Crime Lab. Also new: the John Dewitte Evans Veterans Award, given for the very first time to Dakota Serna. Serna has traveled the country advocating for veterans and the use of medical marijuana.
The difficulties of starting a chapter in Michigan’s Upper Peninsula have seemingly been overcome by a group of diehards called the Marquette Work Group, and they were awarded the Gregory Scott Piasecki Work-Group/Chapter Award.
Activist and all-around great guy, Archie Kiel, was given the 420 Award. Outstanding Achievement Awards were given to MILegalize Chair Jeff Hank, Robin Puckett of Jackson NORML, and rising star Colin MacDougall.
The meeting was held at the Eagles Club in Ypsilanti on the afternoon before the Hash Bash and Monroe Street Fairs. Approx. 100 people attended the meeting, where the NORML chapter announces finances and allows anyone to address the Board with suggestions, praise or grievances. An auction held afterward featured a signed Detroit Tigers baseball, a magazine autographed by Tommy Chong, posters and clothing and artwork.
The big winner of the evening was Tom Gillies. A member of the Deaf Power Cannabis group, he won the ultimate High Times Medical Cannabis Cup prize package. Tom and a guest will be given VIP passes and a two-night stay at an area hotel during the annual Cup event in Clio on June 11 and 12. Michigan NORML provided a sign language interpreter for the meeting.
MINORML’s entire release is reproduced below.
The National Organization for the Reform of Marijuana Laws
P.O. Box 2293 ~ Kalamazoo, MI 49003
Michigan NORML would like to take this opportunity to thank all the award winners for their outstanding service to the cannabis community in 2015!
We would also like to thank everyone who contributed or made extraordinary contributions to cannabis reform who were not recognized!
We could have given out a thousand awards this year because our community is very active and so many individuals have demonstrated dedication to this cause. We thank all of you and we hope that next year, one of our awards will have your name on it!
Rick Thompson was the Editor in Chief for the entire 2-year run of the Michigan Medical Marijuana Magazine, was the spokesman for the Michigan Association of Compassion Centers and is the current Editor and Lead Blogger for The Compassion Chronicles. Rick has addressed committees in both the House and Senate, has authored over 200 articles on marijuana and is a professional photographer. He can be reached at: 4mrick@gmail.com
GRAND HAVEN, MI — A judge has sided with a Spring Lake man in his battle to get a felony marijuana charge dismissed, a case that hinged on controversial state police testing methods.
Ottawa County Circuit Court Judge Ed Post granted a motion to quash the case against 35-year-old Max Lorincz, who was charged with possessing synthetic THC.
Lorincz was charged in early 2015 with possessing marijuana after police responded to his house for a medical call and found a small container containing a dab of marijuana oil. Lorincz uses the oil to control pain after a 2005 debilitating back injury.
Lorincz argued he was a registered medical marijuana patient and refused to plead guilty to the charge. Prosecutors then upgraded the count to the felony.
Prosecutors alleged the charge was appropriate because state police crime lab technicians simply listed the oil as containing THC, with the origin unknown because there was no plant-based material found.
But Lorincz’s attorney, Michael Komorn, argued that prosecutors need more evidence before they can file a charge of synthetic THC. In Lorincz’s case, the oil was from marijuana, he said.
Komorn argued some prosecutors across the state have pressured the crime lab to report oils and waxes as “origin unknown,” allow them to pursue harsher charges.
The troubles surrounding the felony charge for Lorincz involved more than just a criminal case.
Authorities placed the 6-year-old son of Lorincz and his wife into foster care after an Ottawa County Family Court petition was filed. Their son has been in foster care for more than a year and the couple, as of late October, only had supervised visitation rights.
A hearing is scheduled for Friday, Jan. 22, to review the Family Court case.
Frantz issued the following statement following Post’s ruling:
“The court’s decision turned on definitions and statutory language that we believed supported the charge as written. The District Court judge found our interpretation to be correct, Circuit Judge Post disagreed and ruled otherwise,” Frantz wrote.
“We believe the increasing prevalence of extremely high potency marijuana-based and synthetic-based drugs is reason to update and clarify our statutes,” he said.
