Our Kids are Dying of Drug Overdoses

Our Kids are Dying of Drug Overdoses

THE KIDS AREN’T ALRIGHT, THEY’RE DYING OF DRUG OVERDOSES

From May 2022 to May 2023, the Centers for Disease Control and Prevention reported an alarming 37 percent increase in American lives lost due to overdoses, totaling over 112,000 fatalities.

This staggering surge highlights the urgent need for effective measures to address this crisis, emphasizing the crucial role of prevention and intervention in combating this devastating trend.

The vast majority of those who perished were adults, but drug overdoses are claiming the lives of young Americans at an alarming rate. The number of fatalities skyrocketed from 31 in July 2019 to 87 in May 2021, marking a period of unprecedented statistics.

When analyzing data for Americans aged 10 to 19 years old, the CDC discovered a similar trend to that seen in adults: a majority of adolescent deaths caused by drug overdoses are males.

However, among these fatalities, there is a larger proportion of girls compared to women.

More boys in the tween and teenage age group are dying from drug overdoses compared to girls, with the number being more than double.

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

Another significant distinction is the underlying cause behind these tragic overdose cases.

Among adults, individuals who engage in polydrug use face a higher risk of fatal overdose compared to those consuming a single substance.

The most prevalent combinations involve the concurrent use of fentanyl with another opioid, such as a prescription medication, or fentanyl combined with a stimulant like cocaine or methamphetamine.

Fentanyl is frequently attributed as the root cause.

Fentanyl is the primary cause of fatal overdoses among adolescents. Fentanyl is involved in 84 percent of fatal overdoses among teens, and it constitutes 56 percent of all overdoses.

Fentanyl is an incredibly potent opioid, surpassing the strength of morphine by an estimated 100 times. This makes it a powerful drug often used in hospital settings. However, it is crucial to note that teens and tweens generally possess a limited tolerance to opioids due to their lack of exposure, and fentanyl’s heightened potency greatly increases the risk of overdose for this demographic.

Many young people unknowingly consume fentanyl when they mistakenly consume counterfeit pills that they think are prescription opioids, stimulants, or other illicit drugs that have been adulterated with this substance.

This inadvertent use can increase the risk of overdose, as individuals who are unaware they are consuming fentanyl are less likely to have naloxone or fentanyl test strips readily available for reversing an overdose.

In 67% of adolescent overdose deaths, there was an opportunity for bystanders to intervene, yet it was only in less than half of those cases that Naloxone was administered.

Only 10% of teenagers and pre-teens who succumbed to a drug overdose had sought treatment for substance abuse, while just 14% had previously encountered a nonfatal overdose.

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Rescheduling Marijuana Would Be a Threat to Public Health

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Kevin Sabet of Smart Approaches to Marijuana says policy makers need to learn from their mistakes with hemp when considering marijuana rescheduling.

It’s rare for policymakers to get a preview of the consequences of pending policies, but the descheduling of hemp-derived THC products has provided a preview of what is to come if marijuana is rescheduled and commercialized.

As the federal government considers rescheduling marijuana, policymakers should learn from the mistakes that were made in the 2018 Farm Bill. If marijuana is rescheduled—or descheduled—these same harms will be scaled up nationwide and further accelerated by a predatory, profit-driven industry fueled by Wall Street investors.

Just like the legalization of hemp has led to the creation of new psychoactive compounds, the rescheduling of marijuana will grossly threaten public health and safety.

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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

DUI for Alcohol or Marijuana or Prescription Drugs - Fight it

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Meet MiChap

Meet MiChap

Climate and Health Adaptation Program

You must save yourself from yourself.

Meet MICHAP

Our Vision: Michigan’s public health system fosters equitable health and wellbeing as it adapts to the current and future impacts of climate change.

Our Mission: The Michigan Climate and Health Adaptation Program (MICHAP) supports a climate resilient public health system by investigating climate-driven health risks, identifying information for decision-making across sectors, and collaboratively implementing climate adaptation strategies.

MiCHAP Funding Cycles Infographic

Michigan’s new growth plan: Sacrifices must be made for the environment and team.

Last week Michigan Chief Growth Officer Hilary Doe described immigration as the green line in Michigan’s population story, the one number going up, besides prices, inflation, real estate, groceries, taxes, fees, fees for fees, convience fees, registrations, regulatory fees, utilities, interest rates, school loans, etc, etc, etc.

But A SEMCOG report last year found that 14,012 people aged 64 or younger left Southeast Michigan each year between 2010 and 2019, while 14,737 foreigners arrived annually. It’s 2024. It’s a stunning and brave new world – who cares about 2010-2019.

Statewide, immigration “helps offset our out-migration a little bit,” Doe said.

Doh is right… A little bit? Why are they leaving a climate haven is the question and why all of the sudden are Michigan citizens asked to let strangers into their homes to live.

Yes “sponsor” a family. Let’s start at your house.

 

In 2020, Gov. Gretchen Whitmer created the Office of Global Michigan.

And now that office is asking Michiganders to ignore common sense and serve as sponsors to refugees. Sounds like a win win.

Read more about that here and below

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The Division of Environmental Health (DEH) uses the best available science to reduce, eliminate, or prevent public health harm from environmental, chemical, and physical hazards. Learn more about DEH

***If You believe you are in immediate danger, call 911 or Contact Poison Control at 800-222-1222.

For less urgent concerns, call the MDHHS Toxicology and Environmental Health hotline at 800-648-6942, Monday through Friday between 8 a.m. and 5 p.m.

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Feds discover new methods to distinguish hemp and marijuana to assist crime labs

Feds discover new methods to distinguish hemp and marijuana to assist crime labs

Federally funded researchers have uncovered two methods to divide and diversify the difference between hemp and cannabis to assist to crime labs. 

Because Cannabis is still a crime and Hemp is not…

The Controlled Substance Act of 1970 classified the plant cannabis, which was historically classified as either marijuana or hemp, as an illegal drug, a Schedule I controlled substance with a high potential for abuse and no FDA-approved medical use in the United States.

For more than 50 years, hundreds of thousands of people were arrested and imprisoned for possessing it.

317,793 Americans are arrested annually for possession of marijuana. Easy Target – Easy Money.

The Farm Bill of 2018 changed this straightforward classification of cannabis. The bill legalized the form of cannabis classified as hemp, while the form classified as marijuana remained illegal.

The task of determining the distinction has been assigned to law enforcement and forensic laboratories, a responsibility that has proven to be challenging, time-consuming, and costly.

Federally funded researchers have made significant advancements in accurately distinguishing between marijuana and hemp by precisely analyzing the THC levels found in flower and edibles.

The National Institute of Justice (NIJ), an entity within the “Justice” Department, is actively promoting the results of two research projects that it funded, both centered around cannabis lab testing. These findings are now being shared exclusively with select law enforcement agencies.

The aim of the initiatives was to streamline the testing process in order to address the increasing crime lab backlogs caused by the federal legalization of hemp with up to 0.3 percent THC under the 2018 Farm Bill.

This legalization has complicated cannabis-related cases, and thus the initiatives were implemented to help resolve these challenges.

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Current testing methods are unable to accurately determine the exact amount of THC in a sample, as stated in the recent update by NIJ. However, the researchers they have funded have achieved a significant breakthrough.

Using gas chromatography-mass spectrometry (GC-MS) and direct analysis in real time-high-resolution mass spectrometry (DART-HRMS), they are now able to isolate the THC content, along with other cannabinoids.

This discovery marks a significant advancement in our ability to analyze and understand the composition of cannabis samples.

In the government, everything is go spend more money and if that doesn’t work, it’s go spend more money and if that doesn’t work spend more money and so on and so on.

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Laws passed by Michigan lawmakers in 2023 will take effect

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Several new laws passed by Michigan lawmakers in 2023 will take effect on Tuesday, Feb 13, 2023

Making use of the first combined Democratic majority in the state House, Senate, and governor’s seat in decades, legislators have the numbers and have successfully approved by a wide range of bills from their agenda.

As we move into February 2024, we look at the implementation of significant laws, regulations and loss pertaining to gun safety, the minimum wage, LGBTQ+ protections, the “right-to-work” policy, and more.

This progress reflects the power of our elected officials hold to create their vision of a more inclusive, divided and forward-thinking society. Several of these new laws will take effect on Feb. 13, 2024, unless otherwise noted.

Gun Laws

Following mass shootings state lawmakers quickly passed a series of bills related to firearms in an effort to address gun violence.

Lawmakers aimed to address the issue of gun violence with a comprehensive approach, passing legislation that encompasses a red flag law, requirements for firearm storage, and universal background checks for purchasing firearms.

These bills, all successfully passed and signed into law by Gov. Whitmer, cover various aspects of these vital topics, with the exception of one bill related to red flag laws.

Here’s what’s taking effect

Red Flag Laws

Several bills were passed in Michigan to establish extreme risk protection order laws, also known as red flag laws.

These laws were manifested to help prevent a person in distress or crisis from using a firearm to harm themselves or others.

The laws don’t seek to take firearms away from gun owners who aren’t dangerous or in distress as defined by…

Bills

Firearm Storage Laws

Law abiding Michigan citizens will now be required to keep a firearm stored or unattended on a premises unloaded and locked, either with a locking device or stored in a locked container, if it is “reasonably known that a minor is or is likely to be present on the premises.”

There are a variety of penalties for violating this requirement.

Bills: 

Gun Safety

The costs of gun safety devices will be lower to allow access products needed to safely store firearms. Right…

Bills: 

 

Background Checks

Background checks related to anyfirearm purchases will now expand to all firearm purchases, from handguns to long guns.

Bills: 

Domestic Violence Regulations


Gov. Whitmer signed legislation that prohibits individuals convicted of a misdemeanor related to domestic violence from possessing firearms for at least an eight-year-period.

Previously Michigan law only prohibited those convicted of felony domestic violence from possessing firearms.
 
Bills

LGBTQ+ civil rights protections

Gov. Whitmer signed legislation that expands the state’s Elliott-Larsen Civil Rights Act to include legal protections for sexual orientation and gender identity and expression.

Initially passed in 1976, the act prohibits discriminatory practices, policies, and customs based on religion, race, color, national origin, age, sex, height, weight, familial status, or marital status. The act will now expand to include protect sexual orientation, gender identity, and gender expression from discrimination.

Bill

You Don’t Have the ‘Right-to-Work’ Law is Law

Passed in 2013, the right-to-work law prohibited unionized workplaces from mandating employee payments of union dues and fees. The law posed restrictions on unions, sparking opposition from union supporters in 2012.

Michigan is the first state in 58 years to do so. The repeal is seen by many as a victory for organized labor at a time when union membership has been on the decline.

Whitmer said the move would “restore workers’ rights, protect Michiganders on the job, and grow Michigan’s middle class.”

Now you have no control how your dues and fees and fees for the priviledge of paying those fees will be allocated. If you don’t know what that entails then by all means don’t worry about it.

Bill

Komorn Law is Michigan’s top cannabis law firms when it comes to any criminal allegations regarding cannabis.

In a sticky situation? Call our office (248) 357-2550

Prevailing wage law reinstated

A law that was repealed in 2018 is set to take effect once again in 2024. Whitmer has signed legislation that restores a prevailing wage law, commonly referred to as the prevailing wage law, which mandates that contractors hired for state projects must pay wages comparable to those of unions.

Bill:

More Abortion Barriers Removed

Abortion was legalized in Michigan after voters approved a constitutional amendment in 2022. Democratic lawmakers and state leaders persist in their efforts to remove any remaining obstacles to abortion care and access.

At the end of November 2023, Gov. Whitmer signed into law the Reproductive Health Act, which is comprised of eight separate bills.

According to the governor’s office, the package was designed to repeal “politically motivated, medically unnecessary statutes that criminalized nurses and doctors, forced health care providers to close, raised costs for patients, and restricted access to abortion.”

Here’s what the governor’s news release said

  • Repeals Michigan’s TRAP Laws, which are designed specifically to close abortion providers. These medically unnecessary and burdensome restrictions have nothing to do with a clinic’s ability to deliver care. They include rules about hallway width, ceiling heights, HVAC systems, and janitor’s closets. These restrictions jack up costs, especially for independent clinics, and have decreased the number of providers available to Michiganders, especially in Western and Northern Michigan.
  • Repeals an old, outdated law from 1931 that would have criminalized nurses and doctors for prescribing medication abortion including mifepristone. Medication abortions are the most common way abortions are performed and have been safely used for decades. While other states restrict access to these pills, the passage of the RHA ensures Michigan providers and patients will have every option available.
  • Ensures students at Michigan public universities have access to accurate information about all their reproductive health options. Young adults deserve the same medical choices that every other patient gets. For too long, students at Michigan universities could be denied access to information about their options—including abortion—depending on where they went to college.
  • Repeals the law that forced patients to buy a separate insurance rider for abortion. Effectively, the law forced people to pay more out of pocket just in case they were assaulted.

Bills:

Repeal of third-grade reading law takes effect

Starting in 2024, third-grade students in Michigan will no longer get held back because of low reading scores.

In early 2023, state lawmakers voted to change a 2016 law that provides instructions for institutions and educators to help third graders “achieve a score of at least proficient in English language arts on the grade state assessment.” Under that law, third grade students with insufficient reading assessment scores would be held back under most circumstances starting in 2019-2020 school year.

Bill

Minimum Wage Increase

Michigan employees making minimum wage will see a slight raise in pay in 2024. LOL

Under Michigan’s Improved Workforce Opportunity Wage Act of 2018, the state’s minimum wage is required to increase in certain increments at certain intervals.

As of Jan. 1, 2024, the state’s minimum wage increased from $10.10 to $10.33 per hour.

Here’s how the increase will affect minor, tipped, and training employees:

The 85% rate for minors aged 16 and 17 will increase to $8.78 per hour.
The tipped employee rate of hourly pay increases to $3.93 per hour.
The training wage of $4.25 per hour for newly hired employees ages 16 to 19 for their first 90 calendar days of employment remains unchanged.

See the law

The wage is not considered a livable wage in Michigan.

An adult without children needs to make at least $16.27 per hour to support themself, while an adult with one child requires at least $36.81 per hour.

What are you going to do with that extra 23 cents ($1.84 per 8 hour day)?

Climate Action Plan

A package of climate-related bills were signed into law in November 2023. The new Michigan Clean Energy & Climate Action law includes several Democrat-led proposals to lower household utility costs, protect state water and air, and create more green energy jobs.

Have a seat and read the bills here.

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Legal Consequences of Rescheduling Marijuana – 2024

Legal Consequences of Rescheduling Marijuana – 2024

January 16, 2024

On August 29, 2023, the Department of Health and Human Services (HHS) reportedly recommended to the Drug Enforcement Administration (DEA) that marijuana be rescheduled from Schedule I to Schedule III under the Controlled Substances Act (CSA). DEA is currently reviewing HHS’s recommendation.

When considering whether to schedule or reschedule a controlled substance, DEA is bound by HHS’s recommendations on scientific and medical matters.

However, DEA has also stated that it has “final authority to schedule, reschedule, or deschedule a drug under the Controlled Substances Act.”

A previous CRS Insight outlined policy considerations related to rescheduling marijuana. This Legal Sidebar provides additional information on the legal consequences of the possible move of marijuana from Schedule I to Schedule III.

Current Legal Status of Cannabis Under the CSA

Cannabis and its derivatives generally fall within one of two categories under federal law: marijuana or hemp. Unless an exception applies, the CSA classifies the cannabis plant and its derivatives as marijuana (some provisions of the statute use an alternative spelling, “marihuana”).

The CSA definition of marijuana excludes

(1) products that meet the legal definition of hemp and (2) the mature stalks of the
cannabis plant; the sterilized seeds of the plant; and fibers, oils, and other products made from the stalks and seeds.

Marijuana is a Schedule I controlled substance under the CSA.

Federal law defines hemp as the cannabis plant or any part of that plant with a delta-9
tetrahydrocannabinol (THC) concentration of no more than 0.3%. The non-psychoactive compound cannabidiol (CBD) falls within the legal definition of hemp. Hemp is not a controlled substance under the CSA.

Substances become subject to the CSA through placement in one of five lists, known as Schedules I through V.

Congress placed marijuana in Schedule I in 1970 when it enacted the CSA. A lower schedule number carries greater restrictions under the CSA, with controlled substances in Schedule I subject to the most stringent controls. Schedule I controlled substances have no currently accepted medical use.

It is illegal to produce, dispense, or possess such substances except in the context of federally approved scientific studies, subject to CSA regulatory requirements designed to prevent abuse and diversion.

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Unauthorized activities involving Schedule I controlled substances are federal crimes that may give rise to large fines and significant jail time. DEA is required to set annual production quotas for Schedule I controlled substances manufactured for use in approved research.

In addition to the general regulatory framework that applies due to marijuana’s Schedule I status, some provisions of the CSA apply specifically to marijuana. For instance, 21 U.S.C. § 841 imposes mandatory minimum prison sentences for persons convicted of criminal CSA violations involving set quantities of specific controlled substances, including marijuana. In addition, 21 U.S.C. § 823 creates special registration requirements for those who manufacture marijuana for research purposes.

In sharp contrast to the stringent federal control of marijuana, in recent decades nearly all the states have changed their laws to permit the use of marijuana (or other cannabis products) for medical purposes.

In addition, twenty-four states and the District of Columbia have passed laws removing certain state criminal prohibitions on recreational marijuana use by adults.

As the Supreme Court has recognized, states cannot actually legalize marijuana because the states cannot change federal law, and the Constitution’s Supremacy Clause dictates that federal law takes precedence over conflicting state laws.

So long as marijuana is a Schedule I controlled substance under the CSA, all unauthorized activities involving marijuana are federal crimes anywhere in the United States, including in states that have purported to legalize medical or recreational marijuana.

Nonetheless, Congress has granted the states some leeway to allow the distribution and use of medical marijuana.

In each budget cycle since FY2014, Congress has passed an appropriations rider barring the Department of Justice (DOJ) from using taxpayer funds to prevent states from “implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.” Courts have interpreted the appropriations rider to prohibit federal prosecution of state-legal activities involving medical marijuana.

However, it poses no bar to federal prosecution of activities involving recreational marijuana.

Moreover, the rider does not remove criminal liability; it merely limits enforcement of the CSA in certain circumstances while the rider remains in effect. While official DOJ policy has varied somewhat across Administrations, recent presidential Administrations have not prioritized prosecution of state-legal activities involving marijuana.

Komorn Law – Federal Courts and All Michigan Courts

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