(WXYZ) — The Michigan State Police say more than three thousand cases involving alleged marijuana impairment could have been false positives. Last week, the MSP Forensic Science Division announced they were halting all testing of marijuana drug samples due to the possibility that the tests were positive for CBD, rather than just THC. The state police warned prosecutors not to rely on the THC toxicology results until they could learn more about the alleged problems in the testing.
THC is the psychoactive compound in marijuana. CBD is a chemical found in marijuana that does not produce a high, and CBD has not been considered a controlled substance in Michigan since March 28, 2019.
In a letter sent to prosecutors across the state today, MSP Forensic Science Division Director Jeffrey Nye said approximately 3,250 THC cases since March 28, 2019 could be impacted. The cases identified have an “alleged violation [that] is based on the finding of THC alone and there is insufficient evidence of impairment, intoxication or recent use of marihuana to otherwise support the charged offense.”
According to Nye’s letter, the identified 3,250 cases “did not have other drugs within the scope of analysis and/or alcohol detected above the 0.08% legal threshold.
Komorn Law has been the leading law firm bringing awareness to the public about alleged lab scandals they come across or uncover through client representation. If you need your case reviewed or you have a current charge regarding anything to do with marijuana there is no better versed or more knowledgeable than Attorney Michal Komorn.
From Michigan.gov
Official Statement: State Police Halts THC Toxicology Testing and Takes Steps to Ensure Transparency, Accuracy After Technical Issue with CBD
August 31, 2022
Statement by Col. Joe Gasper, Director
The Michigan State Police Forensic Science Division (MSP/FSD) is committed to providing the highest standard of forensic services to the criminal justice community. The MSP/FSD is accredited in toxicology and analyzes approximately 20,000 samples annually for the presence of alcohol and/or drugs pursuant to a forensic examination request. The men and women who work in the MSP/FSD strive to provide laboratory testing services that are timely, transparent, and scientifically accurate.
The MSP/FSD has halted all THC toxicology testing due to a technical issue in which samples containing Cannabidiol, commonly known as CBD, may be converted to Tetrahydrocannabinol, commonly known as THC, during the testing process, leading to potentially inaccurate test results.
CBD, which is structurally similar to THC, was illegal in Michigan until March 28, 2019. Since that date, however, CBD, which is reported to have no psychoactive properties, has been legal under Michigan law.
When the issue first came to our attention on August 19, 2022, the MSP/FSD immediately launched a significant evaluation of our testing process. The evaluation found the laboratory confirmatory method in use may cause 1) THC to be identified when the sample contains THC, 2) THC to be identified when the sample contains a combination of THC and CBD, or 3) THC to be identified when the sample contains CBD alone.
Upon this discovery, the MSP/FSD immediately halted the processing of samples using the current THC confirmation test. Notification was also made to the Prosecuting Attorneys Association of Michigan on August 25, 2022, for dissemination to prosecutors statewide to prevent these reports from being used in any current or pending court cases.
After further review, we now believe this discrepancy may impact cases that occurred on or after March 28, 2019, where the alleged violation is based on the finding of THC alone and there is insufficient evidence of impairment, intoxication, or recent use of marijuana to otherwise support the charged offense.
Laboratory data indicates there are approximately 3,250 laboratory reports that may be impacted. These are reports in which there was a THC-confirmed result without other drugs present or alcohol detected above the 0.08% blood alcohol content legal threshold. These individual cases are being identified and will be shared with the prosecuting attorney of record for further investigation as to any potential impact to the individual involved.
In addition to temporarily halting testing of THC samples and disclosing the issue to prosecutors, the MSP/FSD has taken the following action steps:
Reported the issue to our accrediting body, ANSI National Accreditation Board (ANAB), and requested they conduct an independent review.
Temporarily halted the disposal of blood samples to preserve this evidence should re-analysis be required.
Started validating a new cannabinoid confirmatory method that will be able to distinguish CBD from THC. This method will be validated before being put into use to ensure similar issues with drug interference will not happen in the future.
Started the process to establish a contract with a private, accredited laboratory for processing THC samples in the interim before the new method is validated.
The MSP/FSD remains committed to providing the highest standard of forensic services to the criminal justice community. We have demonstrated this commitment through accreditation to ISO/IEC 17025 International Standards and voluntarily incorporating forensic standards from the National Institute of Standards and Technology (NIST) Organization of Scientific Area Committees (OSAC) into our laboratory management system, among other efforts. The MSP/FSD continues to strive to be timely, transparent and ethical in our response to this emerging technical issue.
Letter To “Criminal Justice” Partners
Michigan-State-Police-Letter Release – Page 2
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law PLLC 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 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.
The Michigan State Police Crime lab on Thursday, Aug. 25, notified prosecutors across the state that there’s a problem with marijuana testing in blood.
“The MSP Forensic Science Division is examining a discrepancy discovered earlier this week in THC blood testing results in which the presence of CBD in a blood sample may have led to a positive result for THC,” MSP spokesperson Shanon Banner said in an email sent to MLive Friday. “Out of an abundance of caution (MSP) today notified the Prosecuting Attorney’s Association of Michigan that we are immediately halting the processing of all THC blood samples as we work to learn more and/or until we can institute another validated method of testing to ensure accuracy.”
The toxicology test confuses CBD, which does not induce a high, with THC, the psychoactive compound in marijuana, according to a verbal notice provided to the Prosecuting Attorneys Association of Michigan (PAAM), President and Eaton County Prosecutor Doug Lloyd said.
CBD is not a controlled substance.
Michael Komorn, a Farmington Hills-based attorney who also specializes in marijuana law and criminal defense, said the issue could call into questions thousands of convictions across the state, depending on how long the problem has continued.
He’s calling for a full independent investigation into the state police crime lab and the creation of a lab that operates independently from the police force.
Komorn said blood test findings for marijuana are frequently used as a basis to prosecute driving offenses, especially when alcohol isn’t detected, including crashes that result in serious injury or death.
“I think that it’s time to get a new lab,” Komorn said. “Because the procedures and protocols that are being used here, if they’re wrong and unscientific and they’ve been convicting people wrongly because their tests are wrong, I think a criminal investigation should be opened. I think people should be held accountable.”
Komorn Law has been the leading law firm bringing awareness to the public about alleged lab scandals they come across or uncover through client representation. If you need your case reviewed or you have a current charge regarding anything to do with marijuana there is no better versed or more knowledgeable than Attorney Michal Komorn.
Komorn Law PLLC is proud to announce a victory in a DHHS/CPS matter in Hillsdale County. These cases, involving the removal of children from parents are always the toughest.
This case received some notoriety in the press, because the incident that resulted in the removal of the child, involved allegations of Cannabis use/possession (by only one of the parents) – by a Michigan Medical Marihuana patient-parent.
The crime or incident that caused the removal one could say, was being in Alabama.
The legal basis of removal in Alabama was the arrest for possessing medical marihuana, and not having a safety plan in place, while in Alabama, when they were arrested. ( Despite having a relative available in Alabama available to take temporary custody of the child). Also, and contrary to Michigan Law, the removal proceeding occurred without either parent being present in Court (they were in custody for Marihiana Possession). There was never an opportunity to confront the allegations or the accusers and the Alabama Court made its findings based upon the Alabama police reports.
After 5 months of being run through the Alabama gauntlet of parenting classes and drug education and treatment classes, the Court in Alabama decided to return the child to Michigan. The court felt in Alabama recorded the child be returned to the parents and only if there was a reason otherwise, the child should be returned to the Grandparents. No investigation, home study or even a reason was given by the Michigan CPS why the child wasn’t returned to the parents. No one at CPS contemplated or even considered the basis of the removal from Alabama. The Court in Michigan gave “ Full Faith and Credit to the Alabama decision to remove the child”.
While attempting to argue my point to the court, I couldn’t help but refer to this situation as “Kafkaesque”. (Kafkaesque-characteristic or reminiscent of the oppressive or nightmarish qualities of Franz Kafka’s fictional world. “a Kafkaesque bureaucratic office” especially : having a nightmarishly complex, bizarre, or illogical quality.
The word Kafkaesque is characterized by nightmarish qualities, absurd bureaucracy, and unnecessary and illogical circular reasoning.
When You Need An Attorney – You Need An Attorney ! You can’t just hire anyone – because you only get one chance to get it right. Hire one that will step into the ring take one to the face from the justice system and bounce back up still ready to fight. Hire the team at Komorn Law … because to win… you have to surround yourself with winners.
The reason for the arrest was because a Michigan Medical Marihuana Patient was in Alabama and Cannabis is illegal, and he was arrested.
His wife was present and she also got arrested.
The State of Alabama removed the child because the parents didn’t have a plan in place for when they would be arrested and what to do with the child when they got arrested.
They never got notice of the allegations for the removal of the child
They never got a chance to confront there accusers.
They were never presented with a charging document or a petition setting forth the allegations.
They never were given an opportunity to appear in court to fight the allegations.
They were never provided counsel.
Despite the treatment of this matter by the State of Alabama, the State of Michigan, accepted the findings, holdings and orders of the Court.
No one in the Michigan CPS system or the Courts system questioned the Alabama removal which was based upon an arrest for possessing medical marihuana.
The Michigan Court it turned out is not a proponent of Medical Marihuana.
The Court made references to “studies” that showed “ Bad Parenting” associated with the use of cannabis.
When asked what studies was the court referring to, the Court could not name a study.
The court was adamant when it explained its position and belief that any ( even medical use of Marihiana) cannabis use by parents puts the child in danger.
When reminded that in 2008, more than 3 million Michiganders ( at the time, more votes cast for this issue than any other issue ever, in the history of the voting in the State of Michigan) passed the MMMA, which specifically sets forth protections for parents to use medical marijuana, and when in State Compliance, not be arrest, prosecuted or suffer penalty of any kind. (Section 33326424 (d) A person shall not be denied custody or visitation of a minor for acting in accordance with this act, unless the person’s behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated), the Court was unmoved.
There has never been a CPS case opened in the past regarding these parents.
They have 2 other children currently living in the home, CPS was unmoved or concerned.
The Guardian Ad Litem (GAL), the attorney appointed to represent the child in this matter, (assigned with the sole task of looking out for the best interest of the child) when asked by the Judge, what his recommendation was regarding the placement of the child, stated: I am still unsure why the State of Alabama removed the child, and I am even less clear as to why the State of Michigan continues to support that removal.
I can’t recall a time, in all my years of practicing law, that I was in a situation where the Court was operating under Alabama law while being in a Michigan Court. Worse yet, this Michigan Court was punishing or continuing to punish the parents and the child based upon Alabama law, which all parties and the courtly admitted they knew nothing about.
The Court’s opinion, while important ignored the existing law in Michigan and had personal concerns and beliefs that were contrary to the law in the Michigan.
At no time has there ever been an identified allegation that created an unreasonable danger to the mine or or that was clearly articulated and substantiated.
Despite all of the above, or maybe because of all of the above, today the Court agreed to return the child to the parents, by Wednesday of next week. The Court demanded that prior to returning the child, the Husband and father provide a safety plan for his use of low thc cannabis gummies, just to make sure that the child isn’t effected by his medical use. I am calling it a Victory, or maybe a Kafkaesq Victory. Big shout out to Aly, Steve, Jen, Dan and Jeff Frazier of Komorn Law PLLC, who contributed in this battle.
(6 Days until the Child is returned)
Michigan family fights to get custody of son after out-of-state arrest
RACHEL MCCRARY, ANNA MUCKENFUSS POSTED JUL 18, 2021 0
A Michigan family is fighting to get custody of their son after being arrested out of state for marijuana possession.
What started as a quick trip to pick up her husband, ended up being the court battle of a lifetime for Erika Prock.
Prock lost custody of their son and have yet to get it back.
“It’s been torture, literally torture,” Prock said. “There’s just no communication. It’s a mess.”
In March, Prock drove from her Hillsdale, Michigan residence to pick up her husband from her in-laws in Alabama with her 18-month-old son Braxton.
On the way home they were in Lawrence county, Alabama and were stopped by police.
They were searched and arrested when officers smelled weed and found Prock’s husbands’ pot in the trunk.
“It was four and half ounces, it was like this much, I don’t know if that’s a lot, I don’t smoke,” Prock said.
While marijuana is legal in Michigan, you may not carry more than 2.5 ounces of cannabis at a time, but in Alabama, recreational marijuana is illegal.
Prock said being from Michigan and not a smoker she had no idea on the severity of the crime.
The family said they instantly lost custody of their son and the process to get her son back has been slow.
“The children and parents are the ones suffering when this my son could have been back here in back in April when he was ordered to be transferred back here,” Prock said.
Instead of returning to Michigan, Prock and her husband moved into a tent behind her in-laws’ trailer while they fight allegations in criminal and family court.
“They took Braxton and put him into DHS care, they never asked if we had family. They never asked if there was anyone to come get him, they just took him away,” Prock said.
Prock said police took her to jail for failing a sobriety test, she said the only reason she failed was because she had a sprained ankle. Prock later passed the drug screening.
The good news is that Braxton is finally being transferred home to Michigan on Monday after months of confusion and court hearings.
Prock she wanted to share her story to warn others.
“Because I want to bring awareness to the laws when you cross a different line, how this could happen to anybody,” Prock said.
Alabama’s drug laws are some of the toughest in the nation. One of those laws is Alabama Code – Section 26-15-3.2: Chemical Endangerment of Exposing a Child to an Environment in Which Controlled Substances are Produced or Distributed.
As the name implies, the law was initially created to fight the growing meth problem in parts of Alabama. It was designed to be brought against parents and other parties who are caught operating meth labs in houses where children are present, exposing those children to dangerous chemicals., it is now also used in cases involving otherwise law-abiding parents who are caught in possession of very small amounts of drugs, including prescription drugs.
According to an article from AL.com, women have been more likely to be prosecuted under this law than men. Research also shows that a disproportionate number of the people prosecuted under this law have been pregnant mothers.
The chemical exposure law makes it a class c felony when a person “Knowingly, recklessly, or intentionally causes or permits a child to be exposed to, to ingest or inhale, or to have contact with a controlled substance, chemical substance, or drug paraphernalia.” As such, it carries a sentence of up to 10 years in prison. Note that there need be no evidence of any harm to the child in order to obtain a conviction.
If the child is harmed, the charge can escalate to a higher level felony and carry even more prison time upon conviction.
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 – Use Your Brain.
Four people charged with marijuana crimes by Republican former Attorney General Bill Schuette will have their charges dismissed by Democratic Attorney General Dana Nessel.
“Weak cases and changing laws” were cited as some of the reasons for the dismissals in two of the three marijuana cases pending in Nessel’s criminal division, according to a statement from her office. Those who had their charges dismissed were not “major players” in the cases or lacked sufficient evidence to prove their involvement, her office said.
Even remaining defendants in the three cases may be offered pleas to reduced charges so that Nessel’s office can focus on “truly bad actors,” Nessel said in a statement.
“Juries don’t want to convict people on charges concerning something that is now legal,” she said.
Nessel was a vocal advocate for marijuana legalization while on the campaign trail and received support from the cannabis community. After the November voter-approved legalization of marijuana, Nessel encouraged county prosecutors to stop pursuing misdemeanor possession cases.
After the election, then Gov.-elect Gretchen Whitmer said she would pursue executive action or legislation to free inmates and expunge criminal records for those convicted of marijuana crimes.
Among the charges dismissed were those against Mark and Terra Sochacki and Amanda Amsdill related to dispensaries James and Debra Amsdill ran in 2011 in St. Clair, Tuscola and Sanilac counties. The Sochackis were employees of the Amsdills.
The Sochackis had been charged with felony deliver/manufacture of marijuana, while Amanda Amsdill had been charged with conducting a criminal enterprise.
The charges against James and Debra Amsdill were not dismissed, but could be reduced in the future.
After eight years, two circuit court dismissals and two Court of Appeals dismissals, Amanda Amsdill was happy to hear charges against her were dropped but disappointed her parents weren’t also cleared, Amsdill’s lawyer Paul Tylenda said.
“This is certainly a step in the right direction for Michigan and for the Attorney General’s office in Michigan,” Tylenda said. “I don’t think there was any dispute that the previous attorney general loved to overcharge marijuana issues.”
The Sochackis also were relieved by the decision, but are in some ways “broken” by the long legal process, said the couple’s lawyer Michael Komorn.
“Its been devastating to them,” Komorn said. “They’ve gone through a lot.”
Mark Sochacki currently is serving a prison sentence for 2017 assault and robbery charges in St. Clair County, according to online Michigan Department of Corrections records.
Noelle Lathers, who had been charged with delivery/manufacture of marijuana, also had her charges dismissed from circuit courts in Hillsdale and Jackson counties.
Defendants in a third case involving charges in circuit courts in Genesee and Livingston counties may be offered a plea deal to reduced charges.
“State authorities believe the officer skipped a step in the test meant to ensure the readings are accurate.”
Before you read the article below think of this…
Note: The time you can never get back, money you will never get back, opportunities you should have had and you will still be on the s-list for insurance carriers to scam you out of more money.
If you sue… the taxpayers will get bill once again and the cop will blame it on lack of training, no manual enclosed or the equipment and take several people down with him or her.
One would assume this police officer testified in court or in an affidavit countless times that they were an expert and had specialized training for this “public service”. You can be assured the tax payers covered this training. This cop will move on to other things and probably become a high paid political consultant and news caster. Ahhh Politics…the new career path for those with no real skills except selling snake oil.
Nov. 13, 2018 / 4:10 PM EST
By Associated Press
TRENTON, N.J. — A ruling issued Tuesday by the New Jersey Supreme Court could cause more than 20,000 drunken driving convictions to be vacated.
The justices unanimously found that criminal charges pending against a state police sergeant made breath-testing device test results from five counties inadmissible as evidence.
Sgt. Marc Dennis was in charge of calibrating the devices, and authorities have alleged that he skipped a required step in the calibration process. Dennis has denied any wrongdoing and has pleaded not guilty to records tampering and other charges.
If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, or any other crimes. Contact Komorn Law at 800-656-3557 to ensure you’re defended by experienced lawyers.
The court’s decision means that as many as 20,667 DWI convictions could now be challenged, according to state authorities and the lawyer for the now-dead plaintiff who brought the case that the court ruled on.
The accusations against Dennis called into question any test result involving a machine he handled, including devices used by local police in Middlesex, Monmouth, Ocean, Somerset, and Union counties between 2008 and 2016.
State authorities have maintained that the step Dennis allegedly skipped was one of several redundancies and fail-safes meant to ensure the readings are accurate. They claim that omitting that one step didn’t invalidate the results, noting New Jersey is the only state that requires the step.
The Supreme Court, though, sided with Judge Joseph Lisa, who was appointed as a special master to handle the issue. He found the step omission raised substantial doubts about the reliability of the machines.
As part of their decision, the justices ordered state authorities to notify anyone whose case involved results from machines Dennis calibrated. They must tell them that those results were not scientifically sound, so they can decide whether they want to go to court and seek to have their convictions vacated.
Attorney Michael Komorn is recognized as a leader in community and legal defense in cases involving the Michigan Medical Marihuana Act and . He is also the President of the Michigan Medical Marijuana Association (MMMA), a non-profit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
