DECEMBER 6, 2018 – A Date Which Will Change The Past

DECEMBER 6, 2018 – A Date Which Will Change The Past

Prosecutors are beginning to drop marijuana cases since the legalization of adult use marijuana and many around the state are starting to follow.

The Governor’s office is starting to review the expungement process for those with past convictions.

“Now is the time to talk to an attorney and prepare the process by taking a look at your options for expungement” said Michael Komorn who has been an advocate and community leader for medical marihuana and legalization for many years. Michael can be reached at 800-656-3557

A prosecutor’s office in west Michigan is dropping some pending marijuana cases after voters in the state approved recreational use of the drug for people 21 and older.

Federal prosecutors have said no one should expect immunity under federal law simply because Michigan voters approved the legal use of marijuana.

See some stories here

Free Press

https://www.freep.com/videos/news/local/michigan/2018/11/07/gov-elect-whitmer-talks-possible-clemency-marijuana-convictions/1919597002/

 

Prosecutor to drop pending marijuana related cases | WEYI


nbc25news.com/news/local/prosecutor-to-drop-pending-marijuana-related-case
Nov 9, 2018 – FLINT, Mich. — Tuesday’s vote on Proposition 1 did not come as a surprise to Genesee County Prosecutor David Leyton. “It passed …

Prosecutor Dropping Some Marijuana Cases After Michigan Vote …


https://www.usnews.com/…/prosecutor-dropping-some-marijuana-cases-after-michiga…
Nov 15, 2018 – MUSKEGON, Mich. (AP) — A prosecutor’s office in western Michigan is dropping some pending marijuana cases after voters in the state …

Prosecutors might drop some marijuana possession cases


https://www.thetimesherald.com/…/prosecutors…drop…marijuana…cases/1933084002/
Nov 8, 2018 – St. Clair County law enforcement officials will be reviewing current marijuana possessioncases to determine how they want to proceed with …

Marijuana cases being dismissed by Muskegon County prosecutor …


https://www.mlive.com/news/muskegon/index…/marijuana_cases_being_dismisse.htm
Nov 15, 2018 – MUSKEGON COUNTY, MI – The Muskegon County Prosecutor’s Office is dropping some pending marijuana cases following the vote to legalize …

Muskegon Co. prosecutor dropping pot cases – WOODTV.com


https://www.woodtv.com/news/muskegon…prosecutor-dropping…cases/1597286434
Nov 14, 2018 – The Muskegon County Prosecutor’s Office says it’s going to drop pending marijuana cases after Michigan voted to legalize recreational use.
Michigan Senator Arlan Meekoff – Attempt to Repeal Prop 1 Sections and Ban Home Grow

Michigan Senator Arlan Meekoff – Attempt to Repeal Prop 1 Sections and Ban Home Grow

Michigan Senator Arlan Meekoff – Repeal Prop 1 Sections and Ban Home Grow

Michigan Regulation and Taxation of Marihuana Act, by amending the title and sections 1, 2, 3, 4, 5, and 15 (MCL 333.28101, 333.28102, 333.28103, 333.28104, 333.28105, and 333.28115), and by adding sections 201, 205, 206, 207, 208, 301, 302, 303, 305, 401, 402, 403, 404, 405, 406, 407, 408, 409, 501,502, 503, 504, 505, 601, 602, 603, 604, 701, 702, and 801; and to repeal acts and parts of acts.
 
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 An initiation of legislation to allow under state law the personal possession and use of marihuana by persons 21 years of age or older; to provide for the lawful cultivation and sale of marihuana and industrial hemp by persons 21 years of age or older; 

 

Read more of what’s crossed out here 2018-SIB-1243 after you finish reading below. 
 

Arrested for or Charged with DUI or driving under the influence of “drugs”?… Contact Komorn Law  800-656-3557.

 

Note: Most likely this will not happen (now) because it would need a large percentage of the vote and I would assume that many of our still being paid politicians are too busy looking for a new job during the lame duck layover to really care.  One would think Arlan Meekhof had this ready to throw into the arena some time before the election.

 

Read more bills that will save the earth sponsored by Meekhof

Document Type Description
SB 0001 of 2017 Senate Bill Labor; hours and wages; reference to repealed law; eliminate in school code. Amends secs. 503, 523, 553 & 1311e of 1976 PA 451 (MCL 380.503 et seq.). TIE BAR WITH: SB 0003’17
Last Action: 01/18/2017 – REFERRED TO COMMITTEE ON MICHIGAN COMPETITIVENESS
SR 0003 of 2017 Senate Resolution A resolution to amend the Standing Rules of the Senate.
Last Action: 01/18/2017 – ADOPTED
SCR 0011 of 2017 Senate Concurrent Resolution A concurrent resolution of tribute offered as a memorial for Stephen V. Monsma, former member of the Michigan House of Representatives and the Michigan Senate. 
Last Action: 03/22/2017 – REFERRED TO SECRETARY FOR RECORD
SCR 0016 of 2017 Senate Concurrent Resolution A concurrent resolution of tribute offered as a memorial for John D. Pridnia, former member of the House of Representatives and Senate. 
Last Action: 04/20/2017 – REFERRED TO SECRETARY FOR RECORD
SCR 0023 of 2017 Senate Concurrent Resolution A concurrent resolution of tribute offered as a memorial for Vernon J. Ehlers, former member of the Michigan House of Representatives and Senate and the United States House of Representatives. 
Last Action: 09/26/2017 – REFERRED TO SECRETARY FOR RECORD
SR 0055 of 2017 Senate Resolution A resolution recognizing the ongoing contributions of the Arab American, Chaldean and Jewish communities to the state of Michigan.
Last Action: 05/03/2017 – ADOPTED
SR 0061 of 2017 Senate Resolution A resolution to commemorate May 16, 2017, as Chaldean American Day.
Last Action: 05/16/2017 – ADOPTED
SR 0070 of 2017 Senate Resolution A resolution to urge and request the Congress of the United States to develop and improve trade relations with Cuba. 
Last Action: 06/06/2017 – ADOPTED
SR 0091 of 2017 Senate Resolution A resolution to declare September 2017, as Suicide Awareness and Prevention Month.
Last Action: 09/19/2017 – ADOPTED
SR 0095 of 2017 Senate Resolution A resolution to commemorate September 24-30, 2017, as Arteriovenous Malformation Awareness Week. 
Last Action: 09/26/2017 – ADOPTED
SR 0103 of 2017 Senate Resolution A resolution to congratulate the government and people of the Republic of China (Taiwan) on the celebration of their 106th National Day on October 10, 2017. 
Last Action: 10/10/2017 – ADOPTED
SR 0106 of 2017 Senate Resolution A resolution recognizing October 15, 2017, as the Ronald McDonald House Charities Global Day of Change. 
Last Action: 10/12/2017 – ADOPTED
SB 0490 of 2017 Senate Bill Children; other; delegation of parent’s or guardian’s powers separate from foster care; clarify. Amends sec. 2 of 1994 PA 203 (MCL 722.952) TIE BAR WITH: SB 0488’17, SB 0489’17, SB 0491’17
Last Action: 11/29/2018 – referred to second reading
SB 0584 of 2017 Senate Bill Weapons; concealed; carrying a pistol concealed in pistol-free zones by certain individuals; allow. Amends secs. 5a, 5b, 5d & 5o of 1927 PA 372 (MCL 28.425a et seq.).
Last Action: 11/09/2017 – referred to Committee on Judiciary
SB 0594 of 2017 Senate Bill Law enforcement; other; special police agency act; create. Creates new act.
Last Action: 09/27/2017 – REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS
SB 0595 of 2017 Senate Bill Criminal procedure; sentencing guidelines; penalty for violation of special police agency act; create. Amends sec. 11b, ch. XVII of 1927 PA 175 (MCL 777.11b). TIE BAR WITH: SB 0594’17
Last Action: 09/27/2017 – REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS
SB 0660 of 2017 Senate Bill Agriculture; other; animal care standards for egg-laying hens; delay effective date and provide for enforcement. Amends sec. 46 of 1988 PA 466 (MCL 287.746) & adds sec. 47.
Last Action: 01/31/2018 – referred to Committee on Government Operations
SB 0700 of 2017 Senate Bill State financing and management; bonds; issuance of certain bonds after a certain date; prohibit. Amends sec. 518 of 2001 PA 34 (MCL 141.2518).
Last Action: 06/12/2018 – REASSIGNED TO COMMITTEE ON GOVERNMENT OPERATIONS
SB 0701 of 2017 Senate Bill Civil rights; open meetings; financial management teams and the local government retirement stability board; exempt from the open meetings act. Amends sec. 3 of 1976 PA 267 (MCL 15.263).
Last Action: 06/12/2018 – REASSIGNED TO COMMITTEE ON GOVERNMENT OPERATIONS
SCR 0032 of 2018 Senate Concurrent Resolution A concurrent resolution of tribute offered as a memorial for Burton Leland, former member of the House of Representatives and the Senate. 
Last Action: 04/12/2018 – REFERRED TO SECRETARY FOR RECORD
SCR 0034 of 2018 Senate Concurrent Resolution A concurrent resolution of tribute offered as a memorial for Raymond D. Dzendzel, former member of the House of Representatives and the Senate. 
Last Action: 06/12/2018 – REFERRED TO SECRETARY FOR RECORD
SCR 0036 of 2018 Senate Concurrent Resolution A concurrent resolution of tribute offered as a memorial for Patricia L. Birkholz, former member of the House of Representatives and the Senate. 
Last Action: 09/25/2018 – REFERRED TO SECRETARY FOR RECORD
SR 0154 of 2018 Senate Resolution A resolution to recognize the 70th anniversary of Israel’s establishment and reaffirm the bonds of friendship and cooperation between the United States, Michigan, and Israel.
Last Action: 04/19/2018 – ADOPTED
SR 0169 of 2018 Senate Resolution A resolution to declare May 15, 2018, as Chaldean American Day.
Last Action: 05/15/2018 – ADOPTED
SR 0191 of 2018 Senate Resolution A resolution of tribute for the Honorable Tory Rocca. 
Last Action: 11/27/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS
SR 0192 of 2018 Senate Resolution A resolution of tribute for the Honorable Patrick Colbeck. 
Last Action: 11/27/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS
SR 0193 of 2018 Senate Resolution A resolution of tribute offered as a memorial for John F. Kelly, former member of the Senate. 
Last Action: 11/28/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS
SR 0194 of 2018 Senate Resolution A resolution of tribute for the Honorable Coleman Young II. 
Last Action: 11/28/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS
SR 0195 of 2018 Senate Resolution A resolution of tribute for the Honorable Jim Marleau. 
Last Action: 11/28/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS
SR 0196 of 2018 Senate Resolution A resolution of tribute for the Honorable Mike Green. 
Last Action: 11/29/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS
SR 0197 of 2018 Senate Resolution A resolution of tribute for the Honorable Judy K. Emmons. 
Last Action: 11/29/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS
SR 0198 of 2018 Senate Resolution A resolution of tribute for the Honorable Rebekah Warren. 
Last Action: 11/29/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS
SR 0199 of 2018 Senate Resolution A resolution of tribute for the Honorable Hoon-Yung Hopgood. 
Last Action: 11/29/2018 – ENTIRE MEMBERSHIP OF THE SENATE AND LIEUTENANT GOVERNOR NAMED CO-SPONSORS
SB 1132 of 2018 Senate Bill Highways; name; portion of I-196 in Holland; designate as the “Marine Daniel Price Memorial Highway”. Amends 2001 PA 142 (MCL 250.1001 – 250.2080) by adding sec. 29a.
Last Action: 09/26/2018 – REFERRED TO COMMITTEE ON TRANSPORTATION
SB 1243 of 2018 Senate Bill Marihuana; other; regulation of recreational marihuana; provide for, and prohibit home-grow. Amends secs. 1, 2, 3, 4, 5 & 15 of 2018 IL 1 (MCL 333.28101 et seq.) & repeals secs. 6, 7, 8, 9, 10, 11, 12, 13, 14 & 16 of 2018 IL 1 (MCL 333.28106 et seq.).
Last Action: 11/29/2018 – REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS

Recreational marijuana will become legal in Michigan on Dec 6 2018

Recreational marijuana will become legal in Michigan on Dec 6 2018

Voted In and Certified

If you were born yesterday you may not know that voters approved the legalization proposal in the November 2018 election. So… recreational use of marijuana will become “legal” before the end of the year in the state of Michigan on.

December 6, 2018

A date which some of us never thought would happen in our lifetime.  It has been a long struggle and many have suffered life altering encounters with the powers at be that abuse those powers for self gain and probably self pleasure.

You Can – But You Can’t.

One must remember that there are laws regulating the use and distribution of “legal” marijuana and you can still be arrested and prosecuted for not following the laws to a T.

The Board of State Canvassers certified the election, meaning recreational cannabis will become legal in Michigan according to the Secretary of State on Dec. 6, 2018.

Marijuana will be decriminalized in the state, but you won’t be able to purchase it just yet. It could take up to a year for state legislators and businesses to figure out the licensing aspect.

Adults over the age of 21 will be allowed to cultivate, possess and consume marijuana on Dec. 6. An adult over the age of 21 will be allowed to grow no more than 12 plants at your home.

Don’t forget – It is still a CSA schedule 1 drug according to the state and the feds.

The Gray Areas

This is going to be a whole topic in itself and will addressed in a different article later.  But as it is written currently there are gray areas in the act that can be interpeted several ways and taken advantage of by all law enforcement and the private citizen.

Can you say these two words…Case Law.  There will be many new ones.  Just like the MMMA sprouted.

So prosecutors, law enforcement, judges, court reporters and all those who job depends on the enforcement of marijuana fret not… there is still plenty of punishment to go around and plenty of money to be made.  Cause real crime does not pay.

How would you get marijuana?

According to the act… one can not sell marijuana unless you are licensed. You can not make any private monetary transaction to obtain marijuana unless the state gets to scoop a handful of frosting off the cake.

Let the creative ways of pushing the threshold begin…

One CAN give it away.  Don’t carry more than you’re allowed.  Don’t have more at your house than you’re allowed. This leaves more gray areas than the original MMMA and will certainly trigger a number of case laws.  Private citizens who voted it into law will be at risk and law enforcement will take advantage of this for a generation or two.

It’s not the marijuana charge prosecutors will throw at you.  It’s all the other charges that will get you. Here is Section 4 of the act for you to read.

How would you buy marijuana?

Businesses would be licensed by the state. The initiative allows cities to decide if they want to allow these businesses in their municipality. The time frame for when businesses could obtain such a license is unclear. It sounds like 2019 but it took other states a couple years to figure it out.  Hopefully Michigan can learn from them and improve upon it.

Can you grow your own marijuana?

Yes, you will be allowed to grow NO MORE than 12 plants at your home. If you have a license you will be allowed to legally grow more.

Here are the license types that would be offered:

  • Marijuana retailer
  • Marijuana safety compliance facility
  • Marijuana secure transporter
  • Marijuana processor
  • Marijuana microbusiness
  • Class A marijuana grower authorizing cultivation of not more than 100 marijuana plants
  • Class B marijuana grower authorizing cultivation of not more than 500 marijuana plants
  • Class C marijuana grower authorizing cultivation of not more than 2,000 marijuana plants
Arrested for or Charged with DUI or driving under the influence of “drugs”?… Contact Komorn Law  800-656-3557.

Visit the MMMA Forum to learn more and open discussions

More information

 

About Komorn Law

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.

Follow Komorn Law

 

This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information.
West Michigan communities move forward with ban on recreational pot businesses

West Michigan communities move forward with ban on recreational pot businesses

In just a few weeks, recreational marijuana will be legal in Michigan and many cities are anxious to get plans in place.

On Tuesday, Portage city leaders voted to ban recreational marijuana businesses from operating in the city for the time being.

City leaders in Battle Creek have no plans to ban anything just yet, but if you live there that doesn’t mean you’ll be able to go out and buy recreational marijuana come December 6, the day the new law goes into effect.

Battle Creek City Manager Rebecca Fleury said voting to legalize recreational pot is just the beginning of a very long process that could take years.

“We’re getting a lot of questions here from our neighbors about how we are and how we aren’t going to be moving forward,” she said.

 

 

Arrested for or Charged with DUI or driving under the influence of “drugs”?… Contact Komorn Law  800-656-3557.

 

Battle Creek and other communities have until December 2019 to figure out how to regulate the sale of recreational marijuana. Fleury plans to proceed with caution.

“We have to realize that we do get a lot of federal funding and marijuana is still illegal at the federal level. We don’t want to put any federal funding in jeopardy,” she said.

Next week Ross Township will consider passing an ordinance that prohibits recreational marijuana businesses from operating there. This comes after a heated battle over medical marijuana grow facilities earlier this year. The township ended up repealing ordinances that allowed medical marijuana grow faculties.

Medical marijuana facilities are legal in Battle Creek, but none are currently operating. Fleury believes regulations already in place for the medical industry will help with the recreational

“I think it does help us it gives us some kind of workable framework but there’s still a lot we need to work out with the state and specifics for our community,” Fleury said.

Beginning December 6, you have to be at least 21 to smoke recreational marijuana. Selling recreational marijuana is illegal until there is a regulatory process in place.

Visit the MMMA Forum to learn more and open discussions

 

Visit the Michigan State Licensing site for more information

 

About Komorn Law

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.

Follow Komorn Law

 

This page is for informational purposes only. Laws, regulations and the world change routinely, therefore we insist you consult an attorney for the most current legal information.