This registered nurse stood to lose their livelihood or were going to be quietly forced into rehabilitation.
Who Knew?
Who knew that LARA was punishing Registered Nurses merely because they are a medical cannabis patient?
Who knew that the same government agency (LARA) that regulates the licensing of the Physician (who recommended the use of medical cannabis,) and also regulates the licensing of Registered Nurses, punish those same Licensed Registered Nurses (by suspending and or attempting to revoke their Nursing Licenses) merely for following the medical advice and proscribed medical treatments made to them by their State Licensed Physician?
Who knew that “Cannabis Dependence” with “Cannabis use disorder,” “Mild” was a medical diagnosis?
Who knew that this so called disorder was categorized as “Mild” and or “Spicy”?
Who knew that the States protocol for this “diagnosis” , mandates that the registered nurse admit to this disorder, sign a contract to complete an unknown length and unknown terms of substance abuse treatment, as a condition of retaining that nursing license?
Who knew that this could be done without any evidence regarding the registered nurses performance at work?
Who knew this could be done with evidence that the registered nurses performance at work was impeccable?
Who knew that the Physicians contracted with the State (Health Professional Recovery Program -HPRP), and acting on behalf of LARA ( who diagnose medical cannabis patients with “Cannabis Dependence” with “Cannabis use disorder,” “Mild” ) and those that regulate nursing licenses don’t distinguish between active delta-9 THC, and any other cannabinoids, including the metabolite of THC, 11 Carboxy THC (which is not a controlled substance)?
See an important Michigan Supreme Court Opinion – People vs Feezel
Enter Komorn Law
All of the above are real, and circumstances that we encountered in this more than a year long battle, with the Michigan licensing agency. Because of my client’s relentless and passionate pursuit for justice in their case. This Licensed Nurse is no longer left .
Almost from day one, we were ready and looking forward to litigating this matter. My client, refused to settle, and there was no reason that they should.
Komorn Law PLLC, is proud to announce another huge win and a long hard fought victory.
Victory
This past week we received the final order dismissing the complaint, and re-activating their nursing license.
In light of the MMMA, the MMFLA and the MRTMA, this issue like many others remain overlooked, as unfinished business that the State of Michigan has failed to address.
For a full perspective of this issue, see the link to the complaint filed in Federal Court, relating to HPRP. HPRP-Class-Action-Complaint. Additional links on this topic. ( that nursing power point I sent earlier)
Huge Shout out to everyone at Komorn Law PLLC, specifically Ally McCormick, Steve Miller, Jenifer St. Amant, Jeff Frazier and Dan, nice job team!!
Why Are You Here?
Either you’re here just out of interest or you are searching for an attorney. If you need a law firm to protect and fight for your rights call our office 248-357-2550 or visit KomornLaw.com and do your research.
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 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.
The Marijuana Regulatory Agency (MRA) held its first public meeting on Thursday, June 13, 2019. The meeting took place at the Williams Building, 525 West Ottawa Street, Lansing, Michigan in the First Floor Auditorium at 9:30 A.M.
The MRA is required to hold at least four public meetings each calendar year for the purpose of hearing complaints and receiving the views of the public regarding the administration of the authorities, powers, duties, functions, and responsibilities vested in the Agency.
May 2, 2019 – As of April 30, 2019, the Marijuana Regulatory Agency (MRA) was established via Governor Whitmer’s Executive Order 2019-7. Over the next several weeks, the MRA, led by Executive Director Andrew Brisbo, will be implementing new practices to streamline the application process and ensure access to safe marijuana products.
Earlier this week, the Court of Claims issued several orders relative to the operation of unlicensed facilities and access to caregiver product. The MRA has reviewed the orders and is evaluating whether any further legal action is appropriate.
The agency will be reviewing applications for those that paid an application fee but never submitted a complete application and therefore never had it considered by the Medical Marihuana Licensing Board. This review will include applicants that never responded to notices of deficiency and/or failed to provide supplemental applications for owners, as required by the administrative rules. The MRA will swiftly provide these applicants – and others similarly situated – an approval or denial of their application.
As to caregiver product, until further notice, the MRA will not take disciplinary action against a licensee in the circumstances provided for in the Medical Marihuana Licensing Board’s March 21, 2019 resolution. The full resolution is available here.
Below is a summary of the provisions of the resolution regarding caregiver product that will remain in effect until the MRA publishes an advisory bulletin on this issue.
Licensed Provisioning Centers
Licensees may obtain marijuana products only from a licensed grower or licensed processor.
Licensees must obtain patient consent on a form provided by the MRA prior to selling any marijuana products obtained from a caregiver on or before April 30, 2019 that have not been tested in full compliance with the law and administrative rules.
Licensees must enter all inventory into the statewide monitoring system immediately upon receipt.
Licensees, before any sale or transfer, must verify – and confirm with government issued photo identification – with the statewide monitoring system that a patient or primary caregiver holds a valid registry identification card.
Licensees must enter all sales in the statewide monitoring system and must determine sales will not exceed daily purchasing limits.
Licensees must notify the MRA within one business day of becoming aware of any adverse reaction to a marijuana product sold or transferred.
Licensed Growers and Licensed Processors:
Licensees may obtain marijuana products from caregivers.
Licensees must enter all inventory into the statewide monitoring system immediately upon receipt.
Licensees may only transfer marijuana products that have been tested in full compliance with the law and administrative rules.
Licensees must tag or package all inventory that has been identified in the statewide monitoring system.
Licensees must transfer marijuana products by means of a secure transporter, except where exempted under law.
Licensees must notify the MRA within one business day of becoming aware of any adverse reaction to a marijuana product sold or transferred.
Medical Marijuana Now Available to Patients Immediately After Receiving Online Approval
May 1, 2019 – Effective today, medical marijuana patients in Michigan who apply for their marijuana registry card online may now use their approval email as a temporary substitute for a valid registry card in order to obtain their medication the same day they are approved.
The Marijuana Regulatory Agency (MRA) has implemented a change to the Michigan Medical Marijuana Program (MMMP) to ensure that patients with debilitating medical conditions are able to obtain marijuana for medical use as quickly as possible.
“A process that used to take several weeks now can be done in a single day,” said MRA Executive Director Andrew Brisbo. “We are excited to offer this new online approval option for the state’s medical marijuana patients.”
The email that patients receive after an online application has been approved may serve as a temporary substitute for a valid registry card. This approval email is valid until patients receive their card in the mail or for up to 10 days from the date of the approval email. As a result, patients will not have to wait to receive their registry cards in the mail and will be able to purchase or obtain medication the same day they are approved. A valid driver’s license or government-issued identification card with a photographic image is also required to purchase marijuana.
To utilize this online service please visit www.michigan.gov/mmp and note the following:
A patient’s certifying physician must have an online account with the MMMP.
A patient must register for an online account.
The patient must submit an online application.
In the past, registry cards could only be obtained through the traditional mail-in process, which took up to five weeks for patients to receive their card. The process was recently updated to allow for online processing – but a patient still had to wait for 7-10 business days to receive their registry card. This new process allows for medical marijuana patients to gain access to their medicine immediately after receiving approval.
Due to constantly evolving and changing regulations, rules, laws and other politics please consult an attorney and review the latest updates regarding these matters.
Accused of drugged driving, DUI, marijuana crime or other criminal charge?
For over 25 years Komorn Law has represented numerous clients accused of a variety of criminal charges. Contact our office to find out more information.
Michigan officials are informing citizens that food and drinks with CBD oil aren’t legal yet. CBD is the new thing in the health alternative market.
After Proposal 1 passed in Michigan which legalized adult-use marijuana and industrial hemp as well as the 2018 U.S. Farm Bill which legalized hemp nationwide there has been a rise of products made with CBD.
“The whole scheme is fascinating. It doesn’t make the subject matter into an illegality,” said Michael Komorn, a lawyer and president of the Michigan Medical Marijuana Association. “It’s a not a crime, it’s a regulatory fine. You won’t get arrested, but it may prevent you from getting a license to do that in the future.”
Michigan’s Department of Agriculture and Rural Development is waiting on the federal government to write its hemp program regulations before it comes up with its own rule set — and that won’t happen until 2020.
“It won’t be until 2020 until a state government can have a state plan for raising industrial hemp in their state,” said James Averill, deputy director for MDARD.
However, a mechanism in the 2014 Farm Bill that allows farmers to grow industrial hemp by working with universities or with state departments of agriculture — and Averill said Michigan is considering a way to help farmers plant hemp sooner rather than later.
“For putting seed in the ground this year — we have to work off the 2014 Farm Bill and that is a conversation that we’re continuing to have with the administration,” Averill said.
Previously, U.S. Drug Enforcement Administration requirements made the state’s direct involvement to authorize hemp farmers difficult. The 2018 Farm Bill changed that, Averill said.
LARA RELEASE 3/29/19
Michigan Offers Guidance on CBD and Industrial Hemp
March 29, 2019 – The Bureau of Marijuana Regulation (BMR) and the Michigan Dept of Agriculture & Rural Development (MDARD) issued joint guidance today regarding CBD (cannabidiol) and industrial hemp.
From the Bureau of Marijuana Regulation:
CBD products produced from marijuana will not be regulated as marijuana if the THC content is below 0.3%.
Edible marijuana products containing CBD made by licensed processors may only be produced using CBD obtained from regulated sources. Currently, these regulated sources include state of Michigan licensed growers or processors under the MMFLA.
BMR is in the process of writing administrative rules under the MMFLA and MRTMA to determine the methods for industrial hemp grown under the Industrial Hemp Research and Development Act to be transferred to licensed marijuana facilities. Until the administrative rules are written, there is no authorized method for licensed facilities to obtain industrial hemp.
Only facilities licensed by the Bureau of Marijuana Regulation (BMR) under the MMFLA can commercially grow, process, and sell marijuana and marijuana products.
BMR does not regulate marijuana or marijuana products grown or produced by registered qualifying patients or designated primary caregivers under the MMMA or individuals over 21 for personal use under the MRTMA.
From the Michigan Department of Agriculture and Rural Development:
Any product derived from industrial hemp with a THC concentration above 0.3% is classified as marijuana and regulated under the laws that apply to those products through the Michigan Department of Licensing and Regulatory Affairs.
Products derived from industrial hemp, including CBD oil, fall under several different categories. Any substances that will be added to food or drink or marketed as dietary supplements must first be approved by the U.S. Food and Drug Administration for that intended use. At this time, the FDA has not approved CBD for use in food or drink or as a dietary supplement. Therefore, it’s currently illegal to add CBD into food products or drinks or sell it as dietary supplements.
GRAS (Generally Regarded As Safe) is a list of substances that the FDA considers safe to add to food. Hulled hemp seeds, hemp seed protein and hemp seed oil are considered GRAS, as of 12/20/18. CBD is currently not considered GRAS, as of 3/29/19. In Michigan, any food production falls under the Michigan Food Law and the licensing requirements within the law.
Growing industrial hemp will require a license from the Michigan Department of Agriculture and Rural Development (MDARD). MDARD is in the process of developing a licensing program for growers to meet the requirements of both state and federal laws to allow interstate commerce of the plants.
Definitions
Marihuana (legal term) or Marijuana (common term): the plant Cannabis sativa L. with delta-9-THC concentrations above 0.3%. Includes products made from the marijuana plant, but excludes stalks, products made from the stalks, and some products made from seeds.
Industrial Hemp: the plant Cannabis sativa L. with delta-9-THC concentrations below 0.3%. Includes products made from the industrial hemp plant.
CBD (Cannabidiol): a substance derived from cannabis plants that does not have psychoactive effects.
