Michigan lawmakers want to revive “junk science” roadside drug testing

Michigan lawmakers want to revive “junk science” roadside drug testing

The Roadside Drug Test…Again

House bills 4390 and 4391

The proposed House bills 4390 and 4391 would enable law enforcement to administer tests aimed at assessing driver impairment; however, these testing devices do not provide information regarding the level of impairment. Instead, they solely indicate the presence of specific drugs.

The legislation received unanimous approval from the Government Operations Committee on May 22, 2025.

Between 2018 and 2020, the Michigan State Police carried out two pilot programs involving roadside drug detection devices, with the latter program incurring costs of $626,000 and resulting in a notable number of inaccuracies.

The Sotoxa Mobile Test System devices utilized in the pilot programs were manufactured by Abbott and are priced at approximately $6,000 each, leaving uncertainty about which devices will be authorized if the new legislation is enacted.

The findings from the 2020 pilot program revealed that almost 11 percent of tests yielded false positives or false negatives, demonstrating a lack of alignment with the outcomes of subsequent blood tests.

Julie Rogers, D-Kalamazoo is one who sponsored HB 4391

She called the test “a complementary tool” that supports officers “when formulating reasonable suspicion or probable cause determinations.”

A good reason to keep your Medical Marijuana Membership Card

The wording in the proposed legislation allows law enforcement to make arrests based solely on the results of roadside saliva tests according to the bill analysis, but the presence of THC may linger in saliva for hours after after the high is gone studies have found.

MLive discussed the topic with drugged and drunk-driving attorney Michael Komorn, who’s been an outspoken critic of roadside saliva testing. He maintains his position.

“Don’t spit,” he said, “because the spit tests are junk science.”

Some excerpts from the introduced bill and fiscal analysis (full document links below)

(d) Except as provided in subsection (5), a person who refuses
to submit to a preliminary chemical breath analysis or a
preliminary oral fluid analysis upon a lawful request by a peace
officer is responsible for a civil infraction.

(5) A person who was operating a commercial motor vehicle and who refuses to submit to a preliminary chemical breath analysis or a preliminary oral fluid analysis upon a peace officer’s lawful request is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.

(9) A person’s refusal to submit to a chemical test as
provided in subsection (6) is admissible in a criminal prosecution
for a crime described in section 625c(1) only to show that a test
was offered to the defendant, but not as evidence in determining
the defendant’s innocence or guilt. The jury must be instructed
accordingly.

(i) Forward a copy of the written report of the person’s
refusal to submit to a chemical test required under section 625d to
the secretary of state.
(ii) Notify the secretary of state by means of the law
enforcement information network that a temporary license or permit
was issued to the person.
(iii) Destroy the person’s driver license or permit.

Violations could be either civil infractions, misdemeanors, or felonies,
depending on the circumstances. The majority of revenue received from payment of fines for civil infractions would increase funding for public and county law libraries.

Komorn Law

Charged Driving High? – Better Call Komorn

Komorn Law
Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Michigan Probationers Allowed Medical Marijuana

Michigan Probationers Allowed Medical Marijuana

Yea. We did that…

What it is supposed to be

On February 11, 2021, the Michigan Court of Appeals ruled that judges cannot prohibit individuals on probation from using medical marijuana if they are registered patients under the Michigan Medical Marihuana Act (MMMA). This ruling underscores the legal protections afforded to medical marijuana patients and clarifies the boundaries of judicial authority concerning probation conditions.

Background of the MMMA

The journey began in 2008 when Michigan voters approved Proposal 1, known as the Michigan Compassionate Care Initiative, with a 63% majority. This initiative legalized the medical use of marijuana for patients with specific debilitating conditions, allowing them to possess up to 2.5 ounces of usable marijuana and cultivate up to 12 plants. The law aimed to provide relief to patients suffering from chronic illnesses by permitting the medical use of cannabis upon a physician’s recommendation.

The Case of Michael Thue

The case that ultimately shaped the 2021 ruling centered around Michael Thue, a registered medical marijuana patient who faced charges of assault and battery stemming from a road rage incident, to which he later entered a guilty plea.

During the sentencing phase, the judge set a probation condition that strictly forbade Thue from using marijuana, even for medical reasons.

Thue hired Komorn Law to contest this condition, arguing that it violated his rights under the MMMA, which protects registered patients from penalties related to their medical use of marijuana.

Legal Battle and Advocacy

Thue’s legal battle was marked by persistent advocacy for the rights of medical marijuana patients.

Following the rejection of his motions by both the District Court and the Grand Traverse County Circuit Court, Thue proceeded to appeal to the Michigan Court of Appeals.

Although his probation ended during the appellate process, the Court acknowledged the wider public importance of the matter and chose to hear the case.

Court of Appeals Decision

In a unanimous decision, Judges Mark J. Cavanagh, Thomas C. Cameron, and Deborah A. Servitto ruled in favor of Thue. The Court held that imposing a probation condition barring the use of medical marijuana constitutes a penalty, which is in direct conflict with the MMMA.

The Act explicitly protects registered patients from arrest, prosecution, or any penalty for their medical use of marijuana, provided they comply with possession limits and other provisions. The Court emphasized that the MMMA supersedes conflicting statutes, thereby limiting judicial discretion in imposing such probation conditions.

If your Medical Marijuana rights have been challenged and you want to fight the orders then gather your records and call our office. It’s going to cost some money to hire us. But we fight to the bitter end. 248-357-2550

Implications of the Ruling

This landmark ruling has significant implications for medical marijuana patients on probation in Michigan. Judges can no longer enforce blanket prohibitions on the use of medical marijuana for registered patients as a condition of probation. This decision reinforces the protections enshrined in the MMMA and ensures that patients are not forced to choose between compliance with probation conditions and their medically approved treatment.

Continued Advocacy and Legal Support

The case highlights the ongoing efforts of legal advocates and organizations dedicated to protecting the rights of medical marijuana patients. Attorneys specializing in cannabis law have played a crucial role in challenging restrictive policies and ensuring that patient protections are upheld in various legal contexts. Their work continues to shape the evolving landscape of medical marijuana law in Michigan and beyond.

In summary, the Michigan Court of Appeals’ decision affirms the rights of medical marijuana patients to continue their treatment without fear of legal repercussions, even while on probation. This ruling not only upholds the intent of the MMMA but also sets a precedent for how similar cases may be handled in the future, ensuring that medical needs are not overshadowed by judicial mandates.

Your Medical Marijuana Rights Challenged?

Call Our Office
Komorn Law (248) 357-2550

Sometimes our posts provide a general overview of things with opinionated sarcasm and dry humor by the writer to lighten the same old same old of other law sites.  It does not substitute for legal advice. Anyone charged with a criminal offense should consult an attorney for specific legal guidance. BTW. True Fact: When Michael Komorn fights the justice system there is only one focus. You and your rights.

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

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Public Defenders in Michigan – Qualifications and What They Do

Public Defenders in Michigan – Qualifications and What They Do

Note: This is what they are supposed to do. Whether they give a damn about you and the outcome is up to the individual attorney

What it is supposed to be

In Michigan, public defenders play a vital role in the criminal justice system by providing legal representation to people who cannot afford private attorneys.

They help ensure that everyone, regardless of income, receives a fair trial as guaranteed by the U.S. Constitution.

Public defenders handle cases ranging from misdemeanors to serious felonies and work at different levels based on experience and qualifications.

What Public Defenders Do

Public defenders represent clients in criminal cases at all stages of the legal process, including:

  • Arraignments – Advising clients on their rights and entering pleas.
  • Pretrial Hearings – Filing motions to suppress evidence, dismiss charges, or seek reduced bail.
  • Trials – Presenting evidence, cross-examining witnesses, and making arguments in court.
  • Plea Bargaining – Negotiating with prosecutors to reduce charges or sentencing.
  • Sentencing – Advocating for fair punishments or alternatives like probation or rehabilitation programs.
  • Appeals – Challenging wrongful convictions or excessive sentences in higher courts.

Because public defenders handle many cases at once, they must work quickly and efficiently while giving each client strong representation.

Levels of Public Defenders and Their Qualifications

Public defenders in Michigan progress through different levels based on education, experience, and case complexity.

1. Entry-Level Public Defender (Assistant Public Defender I)

  • Education: Must have a Juris Doctor (J.D.) degree from an accredited law school.
  • License: Must pass the Michigan Bar Exam and be licensed to practice law in Michigan.
  • Experience: No prior courtroom experience required, though internships or clerkships in criminal law are helpful.
  • Duties: Handles misdemeanor cases and low-level felonies under supervision.

2. Mid-Level Public Defender (Assistant Public Defender II & III)

  • Education: J.D. degree and active Michigan law license.
  • Experience: At least 2-5 years of criminal defense or prosecutorial experience.
  • Duties: Takes on more serious felony cases, may argue motions in higher courts, and supervises newer attorneys.

3. Senior Public Defender (Assistant Public Defender IV)

  • Education: Same as lower levels but with extensive trial experience.
  • Experience: 7+ years in criminal defense, often handling serious felonies like murder or sexual assault cases.
  • Duties: Represents high-profile clients, trains junior attorneys, and may work on appeals.

4. Chief Public Defender

  • Education: J.D. degree and Michigan law license.
  • Experience: 10+ years in criminal defense, with leadership and administrative experience.
  • Duties: Manages the public defender’s office, oversees budgets, and sets legal strategies for the department.

If you need a defender to fight to the better end you either get lucky and get assigned a public defender that really cares or you hire a private attorney who primary goal is your rights, freedom, family and future.

Are Your Constitutional Rights Threatened?
1 A – 2 A – 4 A or any right

Call Our Office
Komorn Law (248) 357-2550

Sometimes our posts provide a general overview of things with opinionated sarcasm and dry humor by the writer to lighten the same old same old of other law sites.  It does not substitute for legal advice. Anyone charged with a criminal offense should consult an attorney for specific legal guidance. BTW. True Fact: When Michael Komorn fights the justice system there is only one focus. You and your rights.

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

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Yea. We did that...What it is supposed to beOn February 11, 2021, the Michigan Court of Appeals ruled that judges cannot prohibit individuals on probation from using medical marijuana if they are registered patients under the Michigan Medical Marihuana Act (MMMA)....

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New Michigan Laws Going Into Effect 2025

New Michigan Laws Going Into Effect 2025

Making laws as fast as possible. Look over here…Not over there.

Some of Michigan’s new laws in 2025 include minimum wage increases, paid sick time, and automatic voter registration. 

Minimum wage
The minimum wage in Michigan increased to $10.56 per hour on January 1, 2025, and will increase again to $12.48 per hour on February 21, 2025.

The 85% rate for minors under 18 increased to $8.98 per hour on January 1, 2025, and will increase to $10.61 per hour on February 21, 2025.

The tipped employee rate increased to $4.01 per hour on January 1, 2025, and will increase to $5.99 per hour on February 21, 2025.

The Earned Sick Time Act (ESTA) will go into effect on February 21, 2025. It applies to almost all Michigan employers, including part-time, temporary, and exempt employees.

Employers with 10 or more employees:

  • Must allow employees to accrue up to 72 hours of paid sick time per year.

Employers with fewer than 10 employees:

  • Must allow employees to accrue up to 40 hours of paid sick time and 32 hours of unpaid sick time per year.

How is sick time accrued?

Employees accrue one hour of sick time for every 30 hours worked

What can employees use sick time for?

  • To care for themselves or family members
  • During certain public health emergencies
  • For certain purposes related to domestic violence, sexual assault, or stalking.

Who is covered by the ESTA?

All Michigan employers, except the U.S. government, must comply with the ESTA.

3 Days to Yourself

(But you’ll have to wait till April 2025)

Michigan law allows employees to miss work for up to three days without calling in sick or showing up, before employers can request documentationThis is known as a “no call, no show” policy. 

How does the law work?
  • Employees can carry over unused sick days into the next year. 
  • Employees can miss up to three consecutive days of work without being fired. 
  • After three days of no-call, no-show, employers can request documentation from employees. 
  • Employees who are absent without contacting their employer are presumed to have left their job voluntarily. 
What’s changing?
  • However, bills have been introduced that would allow employers to discipline employees after three days of no-call, no-show. 
  • These bills would also exempt businesses with fewer than 50 employees from new sick leave requirements. 
What’s the impact? 
  • Some businesses are concerned that the new laws will force them to raise prices or risk going out of business.
  • The Michigan Restaurant Association and other industry groups are lobbying for changes to the law.

MCL – Section 421.29 (See Amended)

  • Unemployment benefits: Increased from 20 to 26 weeks, with a maximum weekly benefit of $614
  • Organ donor tax credit: Up to $10,000 to help cover costs like lost wages and medical bills
  • Cage-free eggs: Stores must sell eggs from cage-free farms
  • Automatic voter registration: When applying for a driver’s license or ID, or applying for Medicaid or leaving prison
  • CPR in high schools: Coaches must be certified in CPR and AED use\
  • Equal treatment for children born through surrogacy: Includes access to birth certificates and other government records
  • LGBTQ family rights: Eliminates a costly process to legitimize parental rights
  • Family recognition of parental rights: Makes it easier and cheaper for families to get formal recognition of their parental rights

Your First Amendment Rights Threatened?
Fight for your Constitutional Right.

Call Our Office
Komorn Law (248) 357-2550

And now for something completely different…

Whitmer has made big promises. Here’s how she’s done (according to this media outlet) Read More Here

Sometimes our posts provide a general overview of things with opinionated sarcasm and dry humor by the writer to lighten the same old same old of other law sites.  It does not substitute for legal advice. Anyone charged with a criminal offense should consult an attorney for specific legal guidance. BTW. True Fact: When Michael Komorn fights the justice system there is only one focus. You and your rights.

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

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Michigan Probationers Allowed Medical Marijuana

Michigan Probationers Allowed Medical Marijuana

Yea. We did that...What it is supposed to beOn February 11, 2021, the Michigan Court of Appeals ruled that judges cannot prohibit individuals on probation from using medical marijuana if they are registered patients under the Michigan Medical Marihuana Act (MMMA)....

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New Michigan Laws Going Into Effect 2025

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Qualifying for a Public Defender in Michigan

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Whitmer’s $3B plan to fix Michigan’s roads calls for more taxes

Whitmer’s $3B plan to fix Michigan’s roads calls for more taxes

Same Thing – Different Day

Whitmer’s $3B plan to fix Michigan roads calls for more corporate, marijuana taxes, taxes at the pump and you can just imagine the ones you don’t know about.

Michigan Governor Gretchen Whitmer has introduced a comprehensive three billion dollar initiative aimed at repairing the state’s road infrastructure, proposing increases in corporate and marijuana taxes although specific details remain vague. Additionally, Whitmer is advocating for all taxes collected at the pump to be dedicated entirely to road maintenance and improvements.

The plan will trumpet the well known and worn thin “make sure that corporations pay their fair share to do business in Michigan” and  “without putting the costs on the backs of everyday Michiganders”

It’s the latest infrastructure plan from Whitmer, who won office in 2018 on a pledge to “fix the damn roads.” 

Her 2019 proposal to raise fuel taxes by 45 cents per gallon was not taken up in the Legislature.

The next year, Whitmer went it alone with a $3.5 billion bonding plan for upkeep and reconstruction of some of Michigan’s busiest roadways, but the state will spend decades paying off the debt and the money is drying up. 

Whitmer will also propose levying an additional 32% wholesale tax on marijuana products to match those applied to tobacco products like cigarettes. Her office’s budget recommendation last week also called for expanding that tax to nicotine products that don’t contain tobacco, like vapes and pouches, which have avoided taxation for years.

Hey you want to read more or just crawl under a rock. Go here to Read More.

Your First Amendment Rights Threatened?
Fight for your Constitutional Right.

Call Our Office
Komorn Law (248) 357-2550

Sometimes our posts provide a general overview of things with opinionated sarcasm and dry humor by the writer to lighten the same old same old of other law sites.  It does not substitute for legal advice. Anyone charged with a criminal offense should consult an attorney for specific legal guidance. BTW. True Fact: When Michael Komorn fights the justice system there is only one focus. You and your rights.

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

Recent

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Yea. We did that...What it is supposed to beOn February 11, 2021, the Michigan Court of Appeals ruled that judges cannot prohibit individuals on probation from using medical marijuana if they are registered patients under the Michigan Medical Marihuana Act (MMMA)....

read more
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Making terrorist threat or false report of terrorism is free speech?

Making terrorist threat or false report of terrorism is free speech?

Making terrorist threat or false report of terrorism is free speech?

The US Constitution and Michigan Constitution prohibit the government from making laws that abridge the freedom of speech

Summary

In the case of People of the State of Michigan v. Michael Joseph Kvasnicka, the Michigan Court of Appeals addressed the constitutionality of the state’s law on making a threat of terrorism, MCL 750.543m.

The defendant, Michael Kvasnicka, was charged under this statute after sending a social media message to a young girl, stating she was “not gonna be laughing once I come to your school and shoot it up or blow it up.”

Don’t worry about it

Kvasnicka moved to dismiss the charges, arguing that the statute violated his First Amendment rights. The trial court denied this motion, leading to an interlocutory appeal.

Upon review, the Court of Appeals unanimously found that MCL 750.543m was unconstitutional, determining that it infringed upon free speech protections guaranteed by the First Amendment.

Read this out loud to yourself

Upon review, the Court of Appeals unanimously found that MCL 750.543m was unconstitutional, determining that it infringed upon free speech protections guaranteed by the First Amendment.

750.543m Making terrorist threat or false report of terrorism; intent or capability as defense prohibited; violation as felony; penalty.
Sec. 543m.

(1) A person is guilty of making a terrorist threat or of making a false report of terrorism if the person does either of the following:
(a) Threatens to commit an act of terrorism and communicates the threat to any other person.
(b) Knowingly makes a false report of an act of terrorism and communicates the false report to any other person, knowing the report is false.
(2) It is not a defense to a prosecution under this section that the defendant did not have the intent or capability of committing the act of terrorism.
(3) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both.

Your First Amendment Rights Threatened?
Fight for your Constitutional Right.

Call Our Office
Komorn Law (248) 357-2550

And now for something completely different.

Sometimes our posts provide a general overview of things with opinionated sarcasm and dry humor by the writer to lighten the same old same old of other law sites.  It does not substitute for legal advice. Anyone charged with a criminal offense should consult an attorney for specific legal guidance. BTW. True Fact: When Michael Komorn fights the justice system there is only one focus. You and your rights.

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

Recent

Criminal Law FAQs – Traffic Offenses

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read more
Criminal Law FAQs – Drunk and Disorderly

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Michigan Criminal Laws FAQs Drunk and DisorderlyAccording to Michigan State Law (Michigan Compiled Laws - MCL), there isn't a specific statute that solely defines "Public Drunkenness" as a statewide criminal offense in the same way some other states might have a...

read more

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Michigan Probationers Allowed Medical Marijuana

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Yea. We did that...What it is supposed to beOn February 11, 2021, the Michigan Court of Appeals ruled that judges cannot prohibit individuals on probation from using medical marijuana if they are registered patients under the Michigan Medical Marihuana Act (MMMA)....

read more
New Michigan Laws Going Into Effect 2025

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Making laws as fast as possible. Look over here...Not over there.Some of Michigan's new laws in 2025 include minimum wage increases, paid sick time, and automatic voter registration. Minimum wage The minimum wage in Michigan increased to $10.56 per hour on January 1,...

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Qualifying for a Public Defender in Michigan

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In Michigan, individuals charged with a crime have the constitutional right to legal representation.In Michigan, individuals charged with a crime have the constitutional right to legal representation. For those unable to afford a private attorney, the state provides...

read more