Proposed Rule Seeks to Move Marijuana from Schedule I to Schedule III, Emphasizing its Currently Accepted Medical Use in Treatment in the United States
The Justice Department announced today that the Attorney General has initiated a formal rulemaking process to consider reclassifying marijuana from a schedule I to schedule III drug under the Controlled Substances Act (CSA).
Marijuana has been classified as a schedule I drug since Congress enacted the CSA in 1970. On Oct. 6, 2022, President Biden requested a scientific review of marijuana’s federal scheduling from the Attorney General and the Secretary of Health and Human Services (HHS).
After receiving HHS’s recommendations last August, the Attorney General sought the legal advice of the Justice Department’s Office of Legal Counsel (OLC) on questions relevant to this rulemaking. Taking into consideration HHS’ medical and scientific determinations, as well as OLC’s legal advice, the Attorney General exercised his authority under the law to initiate the rulemaking process to transfer marijuana to schedule III.
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The rescheduling of a controlled substance follows a formal rulemaking procedure that requires notice to the public, and an opportunity for comment and an administrative hearing.
Throughout this process, the Drug Enforcement Administration will gather and carefully consider input from the public to determine the appropriate schedule for marijuana. Until a final rule is published, marijuana will continue to be classified as a schedule I controlled substance.
The notice of proposed rulemaking submitted by the Department can be viewed here, and the OLC memorandum regarding questions related to the potential rescheduling of marijuana can be found here.
The Impact of Marijuana Reclassification on Legal Landscape
On May 6, 2024, the DEA made a groundbreaking decision, accepting the US Department of Health and Human Services’ recommendation to reclassify marijuana from Schedule I to Schedule III controlled substance. This move marks a significant shift in federal drug policy, potentially altering the legal framework surrounding cannabis cultivation, distribution, and use.
Reclassification from Schedule I to Schedule III places marijuana alongside substances like acetaminophen with codeine, ketamine, and testosterone, removing it from the category that includes heroin, LSD, and ecstasy. While federal legalization isn’t on the table, this reclassification acknowledges marijuana’s accepted medical use and low potential for abuse.
However, this change doesn’t impact state marijuana laws in the 24 states, two territories, and Washington D.C. that have legalized adult recreational use or the 38 states permitting medical cannabis. But it does offer substantial tax breaks for businesses involved in marijuana production and sales. Under the current Internal Revenue Code, businesses selling Schedule I substances can’t deduct business expenses, but reclassification would allow for significant tax savings, potentially reaching hundreds of thousands or even millions of dollars.
Moreover, reclassification opens doors for cannabis companies to access major stock exchanges, attracting investment capital for further growth. Yet, it doesn’t address banking industry challenges. Federal illegality prohibits cannabis businesses from utilizing deposit accounts and other financial services, leaving many operating solely in cash due to banks’ reluctance to engage with them.
Despite reclassification, cannabis remains illegal under federal law, leading to financial service limitations and unresolved conflicts between state and federal laws. For instance, Michigan legalized recreational marijuana, but employers still hold the right to refuse employment or discharge individuals for violating workplace drug policies, unaffected by federal reclassification.
“I guess reclassification to a three is a good start. It’s better than a one” said Attorney Michael Komorn
The shift to Schedule III also raises regulatory concerns, potentially subjecting medical marijuana to increased FDA oversight, affecting licensing and distribution protocols. However, it doesn’t resolve issues like lack of bankruptcy protection or federal trademark registrations for state cannabis companies.
Cannabis businesses remain ineligible for federal bankruptcy protection due to their violation of the Controlled Substances Act, a hurdle unaffected by rescheduling. Likewise, federal trademark registrations are unavailable due to cannabis’ federal illegality, leaving companies vulnerable to trademark infringement and legal disputes.
While reclassification signifies growing recognition of cannabis companies, its effects are pending. The proposal must undergo review by the Office of Management and Budget, followed by publication in the Federal Register and a 60-day public comment period, possibly leading to further review by an Administrative Law Judge.
The reclassification of marijuana from Schedule I to Schedule III represents a significant step towards legitimizing cannabis businesses and altering the legal landscape. However, its full impact remains uncertain, pending further regulatory and legal developments.
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Court rules, Illegal marijuana grow of any size only a misdemeanor in Michigan.
Past defendants may have grounds to fight their prior convictions.
Since the act’s passage in 2018, the outdated 1978 law has led to the charging and conviction of over 3,500 individuals, as per analysis shared by Michigan Supreme Court spokesperson John Nevin with MLive. A total of 1,072 people have been convicted under this law.
Those defendants may have grounds to fight their prior convictions.
Attorney Michael Komorn of the Komorn law firm specializes in cannabis defense and currently has several clients charged under felony marijuana possession laws.
In light of the Court of Appeals ruling, he plans to file motions requesting those charges be reduced to misdemeanors. Komorn said most prosecutors and police have already placed a low priority on marijuana enforcement, except for “certain pockets” of the state. “They’ll raid like the old days, come in with guns and masks and go through that whole process,” he said, “but their dilemma is, how do we charge somebody.
What, do you get charged with a misdemeanor? “I have a number of cases where they’ve seized property and not charged anybody. And you can only reap the benefits of forfeiture if you get a felony conviction.”
KOMORN LAW Michigan’s Top Cannabis Legal Defense
If you are facing any charges related to marijuana. Call us only if you want to fight them…that’s what we do
TIP: We get calls all the time with people who regret hiring a lawyer to represent them for cannabis related charges that didn’t know squat about the laws. One shouldn’t have to tell them about the law before they convince you to plea. Hire right the first time because you may not get a second chance to fix it! Ask the attorney questions.
The appellate court reviewed a case that arose from an August 2020 raid in Tuscola County. This raid was conducted by the state police-led Thumb Narcotics Unit, which operates across Huron, Tuscola, Sanilac, and Lapeer counties.
Tuscola County prosecutors have charged Kejbou with two crimes related to the 1978 drug law. This law stipulates that individuals found in possession of less than 20 marijuana plants may face a maximum sentence of four years in prison, while those possessing over 200 plants could face up to 15 years of imprisonment.
Based on the aforementioned felony charges, the Tuscola County Prosecutor’s Office further filed charges against Kejbou for the offense of possession of a firearm in connection with the commission of a felony.
Violations for exceeding allowed amounts range from civil infractions to misdemeanors.
As the act states,“subject to imprisonment unless the violation was habitual, willful, and for a commercial purpose or the violation involved violence,”
The panel determined that felony punishments were not applicable.
Officially, cannabis still remains federally prohibited under the Controlled Substances Act as a Schedule I substance. This classification is reserved for substances that are considered to lack any currently accepted medical use and have a high potential for abuse.
However, the U.S. Department of Health and Human Services recommended in August that cannabis be moved from Schedule I to Schedule III.
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When it rains down in legal problems it’s probably going to pour. So you better have an umbrella fund off to the side somewhere safe…hidden…out of reach…stashed.
If you don’t have the funds, you won’t get good representation…and then you’re easy prey for the prosecutors and law enforcement.
As the marijuana industry continues to grow and evolve in Michigan, it’s crucial for marijuana cultivators to understand the importance of having legal defense funds readily available.
Despite the legalization of marijuana in the state, there are still potential legal challenges and risks that growers may face.
Having legal funds at the ready applies to everyone from
state licensed entities
caregivers and patients
recreational growers and consumers
hemp cultivators.
Understanding the legal landscape for marijuana cultivation in Michigan
An overview of marijuana laws in Michigan
In recent years, Michigan has seen significant changes in its marijuana laws. In 2008, the state passed the Michigan Medical Marihuana Act, which allowed the use of medical marijuana for qualifying patients. Then, in 2018, Michigan voters approved the Michigan Regulation and Taxation of Marihuana Act, which legalized the recreational use of marijuana for adults.
Under these laws, individuals aged 21 and older can possess and cultivate marijuana in certain quantities. However, it’s important to understand the specific regulations and limitations that apply.
Recent developments and changes in marijuana legislation
The legislative landscape surrounding marijuana cultivation in Michigan is constantly evolving. It’s crucial for cultivators to stay informed about any new developments or changes in the law.
For example, in 2020, the Michigan Marijuana Regulatory Agency (MRA) issued emergency rules that introduced licensing requirements for commercial marijuana establishments, including cultivation facilities. These rules outline specific procedures and standards that growers must adhere to.
By keeping up with the latest legislation and regulations, marijuana cultivators can ensure they are operating within the bounds of the law and avoid potential legal complications.
Potential legal challenges faced by marijuana growers in Michigan
State and federal conflicts in marijuana regulations
One of the major challenges faced by marijuana growers in Michigan is the conflict between state and federal regulations. While marijuana cultivation may be legal under state law, it remains illegal at the federal level.
This discrepancy creates uncertainty and can expose growers to potential legal risks. Federal law enforcement agencies, such as the Drug Enforcement Administration (DEA), can still enforce federal marijuana laws, although they typically focus on larger operations and violations that involve other criminal activities.
Nevertheless, it’s important for marijuana cultivators to understand the potential consequences and navigate this legal gray area cautiously.
Risks associated with non-compliance in cultivation practices
Even within the framework of state laws, there are numerous regulations and requirements that marijuana cultivators must adhere to. Failure to comply with these rules can result in legal consequences, including fines, license revocation, and even criminal charges.
Common compliance issues include exceeding plant limits, improper labeling, inadequate security measures, and failure to follow proper cultivation and testing procedures. It’s crucial for cultivators to stay informed and ensure they are operating in accordance with all applicable laws and regulations.
The Importance of having legal defense funds for marijuana cultivators
The financial burden of legal defense in marijuana cultivation cases
Legal challenges can be financially draining, and marijuana cultivators are no exception. Defending oneself in a legal case can involve expensive legal fees, court costs, and potential fines or penalties. These financial burdens can quickly accumulate and become overwhelming.
Having legal defense funds set aside can help alleviate the strain and ensure that cultivators can afford proper legal representation when needed. It’s a proactive measure that cultivators should consider to protect themselves from unexpected legal challenges.
The benefits of proactive legal preparation
In the ever-changing world of marijuana legislation, being prepared is key. By setting aside legal defense funds, cultivators can take a proactive approach to potential legal challenges. This preparation allows cultivators to act swiftly when needed, securing legal representation and taking necessary steps to protect their interests.
Having legal defense funds in place also provides peace of mind. It allows cultivators to focus on their operations without constantly worrying about potential legal troubles, knowing they have the resources to defend themselves if the need arises.
Navigating the complexities of marijuana laws in Michigan
Understanding licensing and permitting requirements
Obtaining the necessary licenses and permits is crucial for marijuana cultivators in Michigan. The state has established a comprehensive licensing system to regulate commercial marijuana operations.
Understanding the specific requirements, application processes, and deadlines associated with licenses is essential. It’s advisable to seek legal counsel to ensure compliance with all licensing and permitting obligations.
Comprehending zoning restrictions and land use regulations
Zoning restrictions and land use regulations add another layer of complexity to marijuana cultivation in Michigan. Local municipalities have the authority to regulate the location and operation of marijuana establishments within their jurisdictions.
Cultivators must familiarize themselves with the zoning laws in their area and ensure their operations comply with the specified land use regulations. Failure to do so can result in costly legal disputes or even forced closure of the cultivation facility.
By staying informed and working within the boundaries of zoning and land use regulations, cultivators can avoid unnecessary legal complications and focus on their business objectives.
Securing legal representation: the role of a defense attorney in marijuana cultivation cases
When it comes to growing legal marijuana in Michigan, having a reliable and experienced defense attorney like Komorn Law by your side is crucial. While the state allows for the cultivation of recreational and medical marijuana, there may still be legal challenges that require professional legal assistance.
Qualifications and expertise to look for in a defense attorney
Finding the right defense attorney is essential to protect your rights and navigate the complexities of marijuana cultivation cases. Look for attorneys who specialize in cannabis law and have experience dealing with similar cases. They should have a deep understanding of the ever-changing marijuana regulations in Michigan and be familiar with the specific nuances of the industry.
The importance of attorney-client privilege and confidentiality
When discussing legal matters, confidentiality is key. Attorney-client privilege ensures that any information shared between you and your defense attorney remains confidential. This protection is crucial for open and honest communication, allowing you to provide your attorney with all relevant details without fear of it being used against you.
Costs and considerations of legal defense for marijuana growers in Michigan
While nobody likes to think about legal trouble, it’s essential to consider the potential costs associated with legal defense in the marijuana industry.
Evaluating the potential costs of legal defense
Legal defense can be expensive, and the cost will vary depending on the complexity of your case.
Factors such as the nature of the charges, the amount of evidence involved, and the length of the legal process can all impact the overall cost.
It’s wise to consult with prospective defense attorneys to get an estimate of the potential costs involved in your specific situation.
Factors to consider when budgeting for legal representation
When budgeting for legal representation, it’s crucial to assess your financial situation realistically. Consider factors such as attorney fees, court expenses, and any additional costs that may arise during the legal process. It’s wise to set aside a substantial amount or create a legal defense fund to ensure you have the necessary resources when they are needed most.
These funds should be stashed away somewhere to avoid being “confiscated” by law enforcement.
Preemptive measures: building a legal defense fund for marijuana cultivation
Being proactive and planning ahead can save you from unnecessary stress and financial strain in the event of legal disputes related to marijuana cultivation.
Strategies for setting aside funds for legal defense
One effective strategy is to establish a dedicated legal defense fund specifically for covering potential legal expenses. This fund should be separate from your regular business finances and set aside on a regular basis. By consistently contributing to this fund, you can accumulate the necessary resources over time, providing you with a safety net if legal issues arise.
Developing a comprehensive legal defense plan
Having a well-thought-out legal defense plan is essential. This includes not only financial preparations but also understanding the legal framework and regulations surrounding marijuana cultivation in Michigan. Stay abreast of any changes in the law and consult with your defense attorney to ensure you are always prepared to defend your rights.
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1. Is it necessary to have legal defense money if marijuana cultivation is legal in Michigan?
While marijuana cultivation may be legal in Michigan, there are still potential legal challenges and risks associated with the industry. Having legal defense funds readily available is crucial to navigate these complexities and protect your interests in case of any legal disputes or challenges that may arise.
2. How much should I budget for legal defense funds?
The amount to budget for legal defense funds may vary depending on various factors, such as the size of your operation, the level of risk involved, and the specific legal services you may require. It is recommended to consult with a legal professional to assess your unique situation and determine an appropriate budget for your legal defense funds.
3. Can I rely solely on compliance to avoid legal issues?
While compliance with marijuana laws and regulations is crucial, it is not a foolproof guarantee against legal issues. Laws and regulations can change, and misunderstandings or disputes may arise. Having legal defense funds in place ensures you are prepared to navigate any unforeseen legal challenges that may arise, even if you are operating in full compliance.
4. What steps can I take to minimize legal risks as a marijuana grower in Michigan?
To minimize legal risks as a marijuana grower in Michigan, it is important to stay informed about the latest laws, licensing requirements, and zoning regulations. Maintaining meticulous records and documentation, implementing robust compliance practices, and seeking legal counsel when needed are all proactive measures that can help mitigate legal risks associated with operating in the marijuana industry.
If you or someone you know has been accused of a crime or DUI. Call Komorn Law and turn the odds in your favor. Call Now 248-357-2550
DISCLAIMER This website and/or post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff, work related information, non work related information and general internet BS. Therefore…Before you believe anything on the internet regarding anything and everything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.
Michigan marijuana sales reached a record-breaking high in December, according to state data. While medical cannabis purchases have gradually decreased, the adult-use market has more than compensated for the drop, with total sales reaching an impressive $221.7 million – a staggering $9 million more than the previous record set in September.
The Cannabis Regulatory Agency (CRA) reported that December saw $208,318,037 in recreational cannabis sales and $13,419,377 from medical marijuana purchases, as first reported by New Cannabis Ventures. This remarkable surge in sales is indicative of the growing popularity of marijuana in Michigan and the potential of the industry to become a major economic driver in the state. With the legalization of recreational marijuana, Michigan is now one of the largest markets in the United States, and the industry is expected to continue to grow in the coming years.
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law and turn your defense into an offense. Call Now 248-357-2550
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.
