CLIO (WJRT) – (04/25/16) – A Mid-Michigan marihuana dispensary is fighting the Genesee County Prosecutor’s office in court after FANG shut them down.
The owner of the Clio dispensary says warrants weren’t valid and he wants his business back open.
Attorneys from both sides were in Judge Hayman’s court Monday afternoon. The raid happened in January when the Genesee County Prosecutor’s office filed an emergency injunction to close down a facility called Clio Caregiver Connection.
A counter claim was filed against the Prosecutor’s Office, saying the county failed to meet legal requirements to participate with FANG.
The defense also argues that the recent dispensary raids and padlocking efforts by FANG were and are illegal.
“I don’t write the laws. I just enforce them. Dispensaries are not allowed. The word dispensary does not even appear in the medical marihuana act,” said Prosecuting Attorney David Leyton.
“There’s never been any complaints from anyone. He’s loved by all of the patients that’ve gone in there. They’re all unhappy that this was forced down. And it’s just an overreach by FANG,” said Clio Caregiver Connection Attorney Michael Komorn.
The case is in its early stages. Both sides will return to court to discuss it again on May 16.
Ginnifer Hency says that police raid led investigators to seize a couple of guns, a small amount of cash and cell phones with a lot of medical marijuana.
And also something very personal…
Michigan’s NORML chapter awarded some of the state’s most prominent and outspoken advocates for marijuana law reform during the organization’s Quarterly Meeting held on April 1.
MINORML issues these awards annually, and some are named for activists who have passed away.
Legislator of the Year Award went to Rep. Jeff Irwin (D-Ann Arbor). Rep. Irwin has advocated on behalf of sensible policies and has authored bills on forfeiture reform and marijuana law reform. The Renee Emery Wolfe Activist Award was given to Kevin McCaffery, a Board member of the MILegalize group and a steadfast ally in legalizing cannabis.
A new award, the Gaitwood Galbraith Attorney of the Year Award, was given to criminal defense attorney Michael Komorn. In addition to numerous courtroom victories, Komorn Law uncovered a scandal with scientific reporting of cannabis evidence by the Michigan State Police Crime Lab. Also new: the John Dewitte Evans Veterans Award, given for the very first time to Dakota Serna. Serna has traveled the country advocating for veterans and the use of medical marijuana.
The difficulties of starting a chapter in Michigan’s Upper Peninsula have seemingly been overcome by a group of diehards called the Marquette Work Group, and they were awarded the Gregory Scott Piasecki Work-Group/Chapter Award.
Activist and all-around great guy, Archie Kiel, was given the 420 Award. Outstanding Achievement Awards were given to MILegalize Chair Jeff Hank, Robin Puckett of Jackson NORML, and rising star Colin MacDougall.
The meeting was held at the Eagles Club in Ypsilanti on the afternoon before the Hash Bash and Monroe Street Fairs. Approx. 100 people attended the meeting, where the NORML chapter announces finances and allows anyone to address the Board with suggestions, praise or grievances. An auction held afterward featured a signed Detroit Tigers baseball, a magazine autographed by Tommy Chong, posters and clothing and artwork.
The big winner of the evening was Tom Gillies. A member of the Deaf Power Cannabis group, he won the ultimate High Times Medical Cannabis Cup prize package. Tom and a guest will be given VIP passes and a two-night stay at an area hotel during the annual Cup event in Clio on June 11 and 12. Michigan NORML provided a sign language interpreter for the meeting.
MINORML’s entire release is reproduced below.
The National Organization for the Reform of Marijuana Laws
P.O. Box 2293 ~ Kalamazoo, MI 49003
Michigan NORML would like to take this opportunity to thank all the award winners for their outstanding service to the cannabis community in 2015!
We would also like to thank everyone who contributed or made extraordinary contributions to cannabis reform who were not recognized!
We could have given out a thousand awards this year because our community is very active and so many individuals have demonstrated dedication to this cause. We thank all of you and we hope that next year, one of our awards will have your name on it!
Rick Thompson was the Editor in Chief for the entire 2-year run of the Michigan Medical Marijuana Magazine, was the spokesman for the Michigan Association of Compassion Centers and is the current Editor and Lead Blogger for The Compassion Chronicles. Rick has addressed committees in both the House and Senate, has authored over 200 articles on marijuana and is a professional photographer. He can be reached at: 4mrick@gmail.com
“This is one of those cases in an attorney’s career that is not easily forgotten, and is a reminder to me of the reason I became an attorney.”
– Michael Komorn, attorney from Komorn Law and recipient of the Michigan Bar Association Right to Counsel Award for 2015.
SPRING LAKE- Max Lorincz and his wife will have custody of their six-year old son returned to them by court order in a Michigan case that made national headlines over a dispute with the State Police Crime Lab over marijuana testing.
Dante, the Lorincz’s son, was removed from his Spring Lake home after investigators charged Max with possession of synthetic marijuana- a felony in Michigan. Lorincz is a registered medical marijuana patient and has always claimed that the substance found by police during a search of his home- a “smear” of substance, so small it’s weight could not be quantified- was medicinal and derived from a natural plant source.
The case began not from an investigation into Lorincz, but with a 911 call from Max to get medical help for a family emergency not related to marijuana. While assisting with the emergency, police accidentally discovered the smear of suspicious substance and began criminal proceedings.
SUPPORT THE LORINCZ FAMILY: VISIT THEIR GOFUNDME PAGE AT https://www.gofundme.com/SVQ5W5W
In building a case, attorney Michael Komorn and investigators from his office probed the Crime Lab on the policies and procedures that lead to the determination of synthetic marijuana in this case. They discovered a hotbed of controversy, including prosecutors coaching scientists to produce results that favored the prosecution in court cases. Emails from representatives of the Prosecuting Attorneys Association of Michigan to heads of the Lab were revealed, as were protests from scientists forced to change how they report their science for political advantage- changes that brought dire criminal consequences for the citizens whose samples were being evaluated.
“The lab technician in Lorincz’s case testified that he has been testing tetrahydrocannabinol, or THC, for 25 years. THC is the main psychoactive ingredient in marijuana, also present in synthetics. However, a recent policy change means the technicians have to write “origin unknown” when testing this type of THC on lab reports,” reported Fox News in 2015.
The change in reporting was directly derived from the prosecutor-initiated procedures- and that was enough information to put doubt in the mind of the judge. The lab was not proving the substance was synthetic, they were inferring it, and that does not meet the standard of evidence for courtroom procedures.
Based in a large part on these revelations about evidence handling, Komorn Law secured a dismissal of felony charges in the Lorincz case on January 22. “The judge got it right: the law is very clear on this, and any prosecutor that proceeds under a theory (of synthetic THC), as this office did here, is flat-out wrong,” Komorn told Fox News at the time. “(Prosecutors) should be stopped from doing that… all defense lawyers should know that it’s an inappropriate charge.”
“The wheels of justice grind slowly but exceedingly fine,” said Jeff Frazier of Komorn Law, one of the people directly responsible for exposing the inappropriate influence used by prosecutors in the Crime Lab scientific method.
After the charge was dismissed Komorn Law fought to reunite the family. “Getting Max’s son back was the last and most difficult piece of the puzzle,” Komorn told The Compassion Chronicles. “To me the CPS case reflects an equally broken and corrupt agency within our government.”
Bethany Christian Services (BCS), who has been paid by the state’s Child Protective Services (CPS) to take over the foster care of the young Lorincx child, contested the boy’s return, saying the case had been going on for so long the familial bond had been broken and it was in Dante’s best interest to remain under their guidance.
“Even after we eradicated the allegations of the removal, and dispelled the myth that Max’s status as a medical marijuana patient was not evidence of harm to the child, the agency, prosecutor and guardian ad litem seemingly dug in deeper.”
Once the criminal charges were no longer justification for the continued removal of Dante from the Lorincz home, BCS made other ridiculous claims to explain why the child could not be returned to his parents: he plays lots of video games, his family is poor and his mother is ill.
Court hearings revealed that the behavior shown by Bethany Christian Services, including asking the child himself to choose between his parents and other living options, were contradictory to state procedure regarding foster care. BCS was removed as supervising agency of the Lorincx child by court order, which opened the door to having him returned home.
“It seemed as if every time we made some progress, the agency, the prosecutor came up with some other, unrelated complaint or reason to oppose reunification. We were fortunate that the Court agreed with us, and determined the ( say anything to win) allegations of being poor, his wife’s mental illness, and playing video games are not grounds for removal,” said Komorn.
Bernard Jocuns is a criminal defense attorney from Lapeer has been following the case. “It angers me that professionals that the public are supposed to trust are responsible for this miscarriage of justice. The Michigan Court Rules and Rules of Evidence are in place to provide parity to prosecution and defense (attorneys).”
“It is scary to think what would be happening to Max now, had he not caught the ear of a prominent criminal defense attorney who was willing to take his case pro-bono ,” said Jamie Lowell, a Board member of the MILegalize organization.
The decision was delivered on March 25; it could take several days before Max’s son is returned home to him.
“Yesterday’s ruling ended the 17 month nightmare for the Lorincz family, but it does not end this matter,” Komorn said today. “Komorn Law intends to pursue and exercise every single possible legal recourse available to us, to make this family whole again.”
A listing of Komorn Law Blog updates on the case can be found at:
After an incident involving my medical marihuana grow, I found myself being charged with 2 manufacturing felonies. Upon a recommendation from an associate, I retained Michael Komorn. It was the best decision I ever made. Most of the cards were stacked against me but Michael was brilliant. He was very knowledgeable with all the case law needed. He explained the process we would take in the beginning and he stuck to his plan. In the court room he stood up for me like I was his brother. He knew every avenue we could explore and he explored most of them. In the end I received a misdemeanor with a few months non reporting probation. I am confident that if I had fought this case until the end, Michael would have won. I would, without hesitation, recommend Michael to anyone for any defense. I know my family and myself greatly appreciate the work Michael has done for me and if I find myself in a similar position in the future, he will be the first call I make.
My name is Jim, Did not believe I would be in need of an attorney. Yet there I was ! Being a firm believer , that knowledge is power. Brought me to find an attorney that is at the forefront of Michigan marijuana laws. An advocate for all of us. Micheal Komorn ! Komorn is leading the way, demanding clarity and definition of the laws that are always changing. Mike Komorn is that guy that fights for us all. Knowledge is Power. My case was dismissed, I rest my case. Thanks Mike !
Hired Komorn for a medical marijuana debacle. Komorn never jumped ship when it came down to the battle. I gave up before he would. Highly recommended when you need an attorney not to abandon you.
I hired Michael at a very difficult and stressful time. I had two charges pending and was facing jail time. He handled them with great care and confidence and kept me in the loop during the whole process. He got my most serious charge (2nd OWI) dismissed because the officer did not go by the book and violated my rights. My other charge which was a VOP over six years old was handled very well and I had the best outcome possible. I would recommend Michael to anyone I know. He is a great attorney that will fight for you just like he did for me.
Mike Komorn is very thorough and understanding. He listens attentively, he explained the law thoroughly and he advised me on my options. He also referred me to substance abuse counselors who have helped me to get back on the right track and make permanent and positive changes in my life. If is wasn’t for Komorn Law, I’d be in jail right now, instead of on probation and getting the help I really needed.
I cannot say enough good things about Micheal and his team at Komorn Law. Micheal met with me and explained exactly what was going to happen throughout the legal process and what I could expect throughout my case. He was clear and concise and didnt sugar coat anything. He took the time to explain what defense options I had and recommended an aggressive coarse of action. He then started to work on my case. We pooled together all of the documentation and information about my case including all prosecutor information and created my defense. Micheal and his team constructed my defense and approached the court with so much information and documentation that they lessened the charges and I was given a minimal fine. It was Michaels diligent determination that made this happen. He was professional yet firm. His arguments were always well prepared and presented in a timely manner. I would highly recommend Michael and his team at Komorn Law. He has been the only attorney that I truly feel has represented me the way I would like to be represented. He was aggressive yet professional. His team was always responsive and timely. Michael is the only attorney I would ever use. His experience and dedication is absolutely the best.
The work ethic of Tom Brady and brains of Peyton Manning. It was definitely an unfair and lopsided playing field in favor of prosecutors, however, there was a since of confidence after seeing him in action the 1st day.
Most attorneys are a lot of bark and no bite when it comes to actually fighting in court if you need to battle he is your fighter.
When countless attorneys advised us we had no chance to fight our case in Oakland County and just to take a plea mainly because it was too much work we fired them and hired Komorn who took the lead and we WON and we WON big.
Without Komorn’s sincere dedication (we talked to midnight at times!) and relentless pursuit of justice we would all be felons with a bleak future. This review does not justify all he has done for us and the entire mmj community. Komorn for Governor!
Best attorney in the state in my opinion. Handled my case in BAd Axe.Took a couple yrs Case dismissed. Well publicized in Huron Daily Tribune.Medical Marijuana case.
Just a middle aged couple trying to follow the law
5.0 stars
Posted by a Criminal Defense client November 13, 2013
My husband has chronic pain and I am disabled. Both of us are in our sixties and we are medical marijuana patients/caregivers. We were diligent about strict adherence to the law. Despite that, we found ourselves fully involved in the criminal justice system – Yikes!
Michael Komorn was the right call to make…so current on every front and more than willing to “go the extra mile” for his clients. His understanding and compassion certainly helped ease our stress. Always respectful and never condescending he took the time to explain all proceedings and took our case to its happy conclusion. Nothing more rewarding than seeing a great attorney put an over-zealous prosecutor in his place. This is one great lawyer
