Marijuana advocates say legal businesses and caregivers are being targeted for military-style drug raids in spite of attempts to obey the law in good faith.
For owners of mainstream businesses, a minor lapse in regulatory compliance could mean receiving a warning and reinspection later. But for medical marijuana businesses, minor lapses in compliance can put them outside the protection of the law.
Even the suspicion of a regulatory violation, or, in some cases, false accusations, can result in seizure of assets and prolonged court battles.
Darryl Berry studied Michigan’s Medical Marihuana Act in detail before he started growing marijuana for his mother-in-law, who was dying of cancer at the time. He researched the medical benefits of marijuana as well as the regulations, and became a registered caregiver, meaning he was legally allowed to grow up to 12 plants for each patient in his care.
He began growing for her and several other patients — all legally. Berry had relationships with local law enforcement, and even invited them to inspect his operation. He thought he was following the law to the letter. That didn’t protect him from being raided in September of 2015.
Have you been charged with a drug crime or violation of the Michigan Medical Marijuana Act? Remain Silent and Contact Komorn Law Immediately to protect your rights and freedom 800-656-3557.
Berry says police ransacked his home and seized all of his assets. That included two houses, five vehicles, televisions, computers, cash, and many personal belongings. Liens were placed on both houses, preventing him from selling or taking out loans on them. Altogether, the value of the assets seized was over a million dollars.
“I was robbed. It was armed robbery that they did. And it really makes me mad because I am a staunch conservative. I always trusted the police and thought if the police arrest someone, most likely they are guilty. That’s what I thought,” said Berry.
Michigan’s civil asset forfeiture law allows police to seize property based on suspicion that it is used for illegal drug activity.
Berry’s attorney Michael Komorn said police are profiting by targeting legal marijuana businesses.
“It’s a financial incentive. The officers themselves are getting to decide whether an individual is in compliance or not. That decision is also about whether they are going to take every piece of value that exists in the house or not. This is way too much unchecked authority, with too much incentive,” Komorn said.
Amanda Joslin owned a marijuana business in Canton. She opened her business in compliance with state and local regulations.
“It was like if your grandma was going to go obtain some medicine, where would you feel comfortable letting her go? Make it safe, make it clean, make it affordable, and accessible. That’s where we found we could fill that niche,” said Joslin.
Police raided her business in 2015, arrested her and her adult son, and seized their assets including a house, cars, computers, and savings account. Her business had been open for nine months before the raid. Search warrants were executed at the Canton business and at her home in Ypsilanti. Those search warrants were later found by the Washtenaw County Circuit court to be invalid and unconstitutional, according to Komorn, who also represents Joslin.
Joslin said the police knew about her business from the beginning, but allowed it to operate for months.
“It’s like a savings account. They watch, for nine months, until they decide to collect. And that’s when they decided to raid,” said Joslin. The case against Joslin relied on testimony from a police informant who was later determined to have committed perjury, according to Komorn.
Many counts against Joslin were thrown out. She was found guilty on one count of possession with intent to deliver, and is now appealing that conviction.
Voting for Marijuana legalization is coming to the Michigan electoral ballot this Tuesday, November 6, 2018. Here is information regarding the Taxation and Distribution of collected taxes in the Proposed Michigan Regulation and Taxation of Marihuana Act
About Komorn LawKomorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry.
If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, etc. Please contact our office and ensure you’re defended by an experienced lawyer in the evolving laws.
Lead attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Contact us for a free no-obligation case evaluation 800-656-3557.
Laws change – so please consult an attorney before taking any legal action or doing anything you may have the slightest feeling is illegal when it comes to marijuana / cannabis personal or commercial use.
Komorn Law clients speak about their experience with the legal system
Several of Komorn Law client’s as well as other individuals have chosen to speak about their encounter with law enforcement, the legal system and how it has affected their lives, families and future. Their encounters with law enforcement vary as well as the end results.
Here are some of their stories captured on video.
Note: In the upper left corner of the video there is a menu which gives you access to a playlist of numerous videos
Don’t Forget
The Police may legally lie, bluff, mislead and intimidate you.
Most “avoidable arrests” occur from trickery and intimidation and failing to understand your rights and when to assert them.
Refusing to answer questions is not an admission of guilt
Asserting your right to remain silent is not an admission of guilt
Demanding to have your lawyer present during any questioning is not an admission of guilt
Refusing a search is not an admission of guilt.
Be aware of Police Questions:
“Have you had anything to drink tonight?”
Best response: is no
Where are you coming from? It is best to have this answer pre-prepared so as to not raise suspicion.Or answer the Officers questions by stating “Respectfully officer, I don’t have to answer that.”
“Not answering is suspicious, why are you not answering my question, clearly you are doing something wrong?” Best Answer: “Officer, respectfully I am aware of my rights, and constitutional protections, and I know I have no legal obligation to answer your questions.
“Not answering is resisting me in this investigation” Best Answer: “I’m not resisting, respectfully, I don’t have to answer anything.”
“If you have nothing to hide, you don’t mind if I look around.” Best response: “I’m sorry Officer, but I don’t consent to searches.”
“If you refuse a search, I’ll have to call a K-9 unit.” Best response: “Officer, are you detaining me, or am I free to go?”
Officers cannot detain you past the purpose of the traffic stop and detaining you beyond this purpose is constitutionally illegal. Specifically officers cannot detain you beyond the traffic stop for the purpose of calling for a k-9 unit or drug sniffing dog.
If you or someone you know has been charged with a crime you should have an attorney representing your interests. Contact Komorn Law Immediately to protect your rights 800-656-3557.
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry as well as consulting and legal representation for Medical Maruhuana Patients and Caregivers.
If you or someone you know has been arrested as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise or any other criminal charges please contact our office and ensure you’re defended by an experienced lawyer.
Attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Contact us for a free no-obligation case evaluation 800-656-3557.
This page is for informational purposes only. Laws, regulations and the world changes routinely therefore we insist you consult an attorney for the most current legal information.
Michigan 2017 House Bill 4158 – Require conviction for property forfeiture
To establish that property seized from a person because it may be associated with a suspected drug crime is not subject to forfeiture unless the individual is actually convicted. The bill would also prohibit officials from requiring a person to negotiate for return of their property.
However, the conviction requirement would only apply to forfeitures of less than $50,000 (meaning police and prosecutors could still take and keep those assets using a lower burden of proof).
Introduced by Rep. Peter Lucido (R) on February 2, 2017
Passed 83 to 26 in the House on May 8, 2018.
See Who Voted – Yes / No – below to establish that property seized from a person because it may be associated with a suspected drug crime is not subject to forfeiture unless an individual is actually convicted.
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry.
If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, etc. Please contact our office and ensure you’re defended by an experienced lawyer in the evolving laws.
Lead attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Contact us for a free no-obligation case evaluation 800-656-3557.
THETFORD TOWNSHIP (WJRT) – Thetford Township Police Chief Robert Kenny was arrested this week in connection with an investigation into surplus military equipment his department received.
Genesee County Sheriff Robert Pickell scheduled a press conference for Thursday morning to discuss “the arrest and charges” Kenny is facing.
Court records show Kenny is charged with embezzlement and obstruction of justice dating back to 2012.
The sheriff’s office has been investigating Thetford Township’s use of more than $1 million worth of surplus military equipment obtained through the Law Enforcement Supports Office over the past decade.
Kenny obtained the equipment, including a large forklift down to several used sleeping bags, on behalf of the township’s two-person police department.
Thetford Township Supervisor Gary Stevens has challenged Kenny for months to account for the whereabouts of the equipment. Much of it had been stored on private property inside and outside the township.
Earlier this year, a resident dropped off a large forklift and other equipment at the township hall after storing it on his land for years. The forklift then ended up in Stevens’ driveway a few weeks later, leading to a $1,300 towing bill to remove it.
Kenny also turned in an envelope this spring containing nearly $5,000, which he told officials was the proceeds from selling some of the equipment for scrap metal.
In April, the sheriff’s office raided the Thetford Township offices and seized several boxes of evidence.
The Thetford Township Board had planned to seek a public vote in November on whether residents wanted to continue the police department, but those plans were nixed when board members learned it was too late to get a question on the ballot.
Thetford Township will have to return its federal military surplus – if it can locate it – to the government, if there are no other police departments that want it.
That’s after Thetford Township police chief Robert Kenny was arrested for allegedly embezzling from the program.
Kenny acquired a large amount of federal military surplus since 2012 – nearly 4,000 items, with a retail value of $2.7 million.
He was arrested in late August for allegedly pocketing the proceeds from selling some of it.
Larry Goerge is the state coordinator for the surplus program. He says today, it’s unlikely Kenny would have been able to get so much.
“There’s been a lot of changes in the program since he was originally participating,” says Goerge. “We’ve covered a lot of those little loopholes that departments would have in the past.”
Kenny faces up to five years in prison for the embezzlement. He was also charged with obstruction of justice after he staged a fake “discovery” of missing money.
Yet another problem came to light after Kenny’s arrest. The police department wasn’t paying back a loan on a truck it purchased. The loan came from the township’s sewerage department.
Township supervisor Gary Stevens says he may have to reduce the hours of one of the police department’s two remaining employees, in order to fix the budgets for the police department and the sewerage department.
There are some other consequences from Kenny’s arrest. A day after the arrest, the township’s clerk, a Kenny supporter, resigned.
There may have to be a special election to replace her, because township trustees who supported Kenny wanted to hire one person and trustees who were instrumental in exposing Kenny’s alleged crimes wanted another.
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry.
If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, etc. Please contact our office and ensure you’re defended by an experienced lawyer in the evolving laws.
Lead attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Contact us for a free no-obligation case evaluation 800-656-3557.
In late May, Detroit police, along with federal law enforcement agencies, raided what the media described as a “massive marijuana grow operation.”
It turned out to be Viola Brands a temporary licensed medical marijuana and cannabis company in Detroit that was founded by former NBA player Al Harrington.
It was raided even though they should have known it was legal.
Six people were arrested and charged with felonies. The crop — more than 1,000 plants valued at several million of dollars, 100 pounds of marijuana along with lights, fans and testing equipment, were seized.
U.S. Border Patrol was credited with an assist. A Border Patrol agent who works in “gang intel” and was “embedded” with the Detroit Police Department conducted a “thorough investigation,” and obtained a search warrant, Detroit police Sgt. Gerry Johnson told a local television station.
“This is one of the most sophisticated operations I’ve seen in a long time,” Johnson said.
Viola Brands had a state permit as well as local building permits.
Case Dismissed
On July 31, Komorn Law as well as other defense attorneys got Judge Kenneth King of 36th District Court to dismissed the case “in the interest of fairness.”
According to a defense attorney involved in the case
The Detroit Police apparently forgot — or did not bother — to secure the door to the facility after the raid, allowing burglars to enter and make off with expensive equipment the police did not seize
How did Detroit Police manage to “investigate” and “raid” a “marijuana operation” without figuring out that it was licensed by the city?
Detroit’s building inspection department is owed at least some of the blame. When police called to see if the operation was legitimate — the “investigation” referred to above — Detroit building inspectors gave the wrong answer and said that there shouldn’t have been a grow there.
Detroit building inspectors are digging in their heels, insisting that the grow at Viola Brands was illegal.
In court, prosecutors argued that Viola Brands was licensed only to “sell” at the facility, and not to grow.
“That’s absurd,” said medical marijuana defense attorney Michael Komorn in an interview with the Detroit News. “It’s a semantic issue because I would say everyone would understand that if they’ve been given permission to sell it, of course a medical marijuana caregivers center includes growing and cultivating marijuana.”
Komorn’s question — as well as the many other questions of who might be liable to damages done to Viola Brands during the raid now appears headed to a courtroom.
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry.
If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, etc. Please contact our office and ensure you’re defended by an experienced lawyer in the evolving laws.
Lead attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Contact us for a free no-obligation case evaluation 800-656-3557.
