Just some of our victories
2018 Ballot for Marijuana Legalization in the State of Michigan
The proposed ballot language for marijuana legalization in the state of Michigan appears finished. It will appear as proposal 1 on the November...
Victory for Patients and Caregivers facing discrimination
Patients and Caregivers are discriminated upon in many facets of life, be it employment, housing, education, student loans, banking, travelling,...
Detroit Warehouse Marijuana Bust
In late May, Detroit police, along with federal law enforcement agencies, raided what the media described as a “massive marijuana grow operation.”...
Komorn Law-AVVO Ratings-Update August 6, 2018
Great lawyer 5.0 stars Posted by Mark August 7, 2018 I'm a medical marijuana patient. Police raided my house and painted me to be a felonious...
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6-30-18 United States v Neece – Federal Case Dismissed
MM cardholder Neece was charged with possession of a controlled substance, 36 CFR 261.53(e) for possessing three joints in his kayak.
The feds alleged his possession in a national forest in violation of the MMMA because someone was seen smoking a joint.
Defendant moved to dismiss under the rider to the Consolidated Appropriations Act (f/k/a Rohrabacher-Farr or Rohrabacher-Blumenauer).
The court dismissed the case, citing McIntosh. The court held that strict compliance must be established to be dismissed. Had the officers seen Neece smoking in public, in violation of the MMMA 333.26427(b)(3), the court would not have dismissed the case.
A big hearty congratulations to Michael Komorn and the Komorn Law team for this victory. To the best of my knowledge, this is the first Michigan MM case to dismissed in federal court for violating the rider.
6-3-14 People vs V – Section 8 Dismissal
Client was charged with improper transport of marijuana in a vehicle. 750.474 but his medical marijuana card expired and and he needed a section 8 defense to remove this conviction from his record. Defendant would be immune from prosecution if he can prove prima facie evidence and a preponderance of evidence of medical use.
The court heard arguments and dismissed the charge of improperly transporting usable marijuana. Court ruled that defendant was immune based on Section 8
Charges were dropped on 6-3-14
08-12-2013 People vs D
Marijuana Criminal Defense
Client charged with marijuana possession in Montrose MI. Client was assigned a court appointed lawyer and encouraged to plead guilty and accept 3 months of probation. Client hired Michael Komorn for representation and withdrew the plea.
The charge was dismissed.
2-24-2013 People vs N
Medical Marijuana patient charged with 3 counts of Delivery / Manufacture of Marijuana.
Prove defendant was immune from prosecution because of a medical marijuana defense. 333.7401(2)(d)(3) and MCL 333.26424, 333.26428.
Defendant hired Michael Komorn
The defendant was immune from prosecution and that the charges shall be dismissed without prejudice. The prosecutor and court dismissed all three charges on 2-24-2013
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More Rights You Should Know
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The 6th Amendment – Do You Know What It Is?
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Cleary becomes latest US law firm to add non-equity partners
See you in the Home Depot lot.Oct 10, 2024 (Reuters) Cleary Gottlieb Steen & Hamilton will create a new category of non-equity partners, becoming the latest major U.S. law firm to move away from the traditional single-tier structure in which all partners have an...
What is the Difference Between a Magistrate and a Judge
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Add on charges for your permanent record – Using a computer
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MI Court of Appeals – MRTMA defense denied dismissal
Does the Michigan Regulation and Taxation of Marihuana Act protect you in all Marijuana scenarios?The Conflict The central issue in this interlocutory appeal is whether the Michigan Regulation and Taxation of Marihuana Act (MRTMA), MCL 333.27951 et seq., prevents a...
The “Automobile Exception” in Michigan law
The "automobile exception" in Michigan law allows police to search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime.This exception is grounded in the idea that vehicles are inherently mobile, meaning evidence could be...
Can You Be Charged for Using Your Phone During a Crime in Michigan?
Your breaking the law if you are using a cellphone while driving. On top of that if you're committing a crime and you use the phone... You're in for a prosecutor's extra round of office high fives.Can You Be Charged for Using Your Phone During a Crime in Michigan?...
The search being challenged was triggered by the odor of cannabis
The case People of Michigan v. Freddie Wilkins III (No. 367209) revolves around a legal challenge regarding the search of a vehicle without a warrant.Police conducted a warrantless search under the "automobile exception."The case People of Michigan v. Freddie Wilkins...
Prohibited person possessing firearm
Thinking about going hunting? Not if you are a person who is prohibited from possessing a firearm in Michigan.In Michigan, certain individuals are legally prohibited from owning or possessing a firearm. Being caught with a firearm if you fall under this category can...