Just some of our victories
Inside the Legal Struggles of Michigan’s Medicinal Marijuana Industry
Last night's episode of VICELAND's Weediquette focused on how police forces in Michigan are using civil asset forfeiture to target legally run...
Crime labs ‘bend science’ to strip medical marijuana rights, lawsuit says
GRAND RAPIDS, MI – State police crime labs intentionally misrepresent marijuana oil and edibles as having unknown origins, a tactic that can turn a...
Judge dismisses felony charges against Michigan man in medical pot case
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...
Criminal Defense Attorney of Michigan’s Award Committee
The Criminal Defense Attorney of Michigan’s Award Committee has selected Michael J. Komorn as the recipient of their Right to Counsel Award. This...
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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
Another Circuit Court Victory – Suppressed Evidence Leads to Dismissal
Summary: Komorn Law has won another case in Circuit Court. The Judge suppressed the 26 pounds of marijuana of evidence seized following a traffic stop and then lead to the dismissal of the case. The police conducted an unlawful inventory ...
Do Students Have 4th Amendment Rights in Schools
Students and 4th Amendment RightsStudents are entitled to a right to be safe from unreasonable searches and seizures even within school premises, as ruled by the Supreme Court of the United States. However, these rights are somewhat limited for students, allowing...
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Defending against false accusations of Criminal Sexual Conduct
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Stop resisting! Stop resisting!In Michigan, resisting arrest is a serious crime. Under Michigan Compiled Law (MCL) 750.81d, it is illegal to resist or obstruct a police officer or any other law enforcement official when they are performing their duties. This law...
Probable Cause v Reasonable Suspicion
What's the difference between probable cause and reasonable suspicion?Definition of Probable Cause Probable cause refers to the belief held by a reasonable person that a crime is currently being committed, has already been committed, or is likely to be committed in...
