Compounding Charges Laws in Michigan

Compounding Charges Laws in Michigan

Understanding Compounding Charges Laws in Michigan

Compounding charges refer to the illegal act of accepting or agreeing to accept a benefit in exchange for not prosecuting a crime. In Michigan, this is considered a serious offense, and the law specifically prohibits it under Michigan Laws.

What is Compounding?

Compounding occurs when a person involved in or aware of a crime chooses not to report it or prosecute it in exchange for something valuable. Essentially, it’s a way of “settling” the matter privately instead of going through the legal system, often through money, services, or other forms of compensation.

The Michigan Law (MCL 750.122)

According to MCL 750.122, it is illegal for someone to:

  • Accept money, property, or any advantage in exchange for agreeing not to pursue charges or report a crime.
  • Offer money or benefits to someone else to prevent them from prosecuting or reporting a crime.

This law applies to both the person who might report the crime (such as the victim) and the person who offers the benefit (such as the offender). The law makes it clear that the proper way to handle any crime is through the court system, not private arrangements.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Penalties

The penalties for compounding can vary based on the severity of the underlying crime. Under MCL 750.122(7), if the crime being “settled” is a felony, then compounding the charge is also treated as a felony. If the crime is a misdemeanor, compounding becomes a misdemeanor. This ensures that compounding is not an easy way out of legal consequences.

Why This Matters

The reason compounding charges are treated so seriously is to ensure justice. When someone allows a crime to be hidden in exchange for personal gain, it undermines the justice system and can allow criminals to avoid punishment.

In Michigan, the law against compounding charges is clear and strict. It is never legal to accept or offer benefits in exchange for not prosecuting or reporting a crime. The courts are the proper avenue for handling all criminal matters.

For more details, you can view the specific law on the Michigan Legislature website (MCL) Section 750.122.

Any Exceptions?

In Michigan, there are no exceptions that allow for compounding charges under MCL 750.122.

The law is strict in prohibiting any agreement to accept compensation in exchange for not reporting or prosecuting a crime.

This means that regardless of the circumstances, a person cannot legally accept money, services, or other benefits to refrain from involving the legal system in a crime.

Unless you are rich and famous or a politician.

However, while MCL 750.122 prohibits private settlements or agreements to avoid prosecution, there are legal alternatives within the justice system itself, such as plea bargains and restitution agreements.

These are formal processes, overseen by courts or prosecutors, where a defendant may agree to plead guilty to a lesser charge or make amends to the victim. Importantly, these arrangements are part of the legal system and are monitored to ensure fairness and justice.

Exactly how many people are locked up for weed?

“The best we can do is an educated guess.”

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Harris unveils new proposals targeting black men with cannabis legalization

Harris unveils new proposals targeting black men with cannabis legalization

“Harris unveils new proposals targeting Black men as she looks to shore up Democratic coalition” CNN

Amid the ongoing national issues, Vice President Kamala Harris introduced new initiatives on Monday aimed at addressing the needs of Black men as she works to bolster her coalition in anticipation of the upcoming Election Day.

Legalizing Cannabis

The proposal aims to provide Black men “with the tools to achieve financial freedom, lower costs to better provide for themselves and their families, and protect their rights,” according to a release by the campaign.

Part of the proposal includes providing one million loans that are fully forgivable up to $20,000 to Black entrepreneurs and others to start a business. According to the campaign, the loans would be provided through a new partnership between the Small Business Administration and some lenders and banks.

Harris is also calling for creating and investing in programs that help expand pathways for job opportunities for Black men, including promoting apprenticeships, strengthening the Public Service Loan Forgiveness program and investing in more Black male teachers.

On the campaign trail, Harris has said she will cut college degree requirements for certain federal jobs if elected president.

Read the rest here at CNN

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Think National Legalization Will Save You?

No soup for you says the Michigan Court of Appeals. Back to the public health code you go.

Court of Appeals Opinion

Because we conclude the MRTMA provides no such proscription,we affirm the trial court’s denial of the motion to dismiss, and the case is remanded to the circuit court for trial on felony charges.

If you want to know more read the opinion here, otherwise just call our office if you get in the same sticky situation.

STATE OF MICHIGAN v JULIA KATHLEEN SOTO – MRTMA – COA 20241007_c370138_23_370138.opn

Exactly how many people are locked up for weed?

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The Last Prisonor Project

Here is some interesting related info

The report entitled Weighing the Impact of Simple Possession of Marijuana: Trends and Sentencing in the Federal System updates a 2016. As of January 2022, no offenders sentenced solely for simple possession of marijuana remained in the custody of the Federal Bureau of Prisons.”

(One might assume not many people get arrested for “Simple Posession” by the Feds).

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A Victory for Cannabis Farming as Agriculture in Michigan

A Victory for Cannabis Farming as Agriculture in Michigan

A Victory for Cannabis Farming as Agriculture in Michigan

In a landmark case that underscores the evolving landscape of cannabis regulation and taxation in agricultural contexts, HRP Cassopolis, LLC v LaGrange Township Assessor in Cass County, Michigan, has set a precedent that significantly benefits cannabis farming operations.

The case not only highlights the challenges faced by cannabis cultivators but also emphasizes the importance of legal clarity in defining cannabis cultivation as an agricultural activity.

At the heart of the matter is the interpretation of Michigan’s tax laws, particularly MCL 211.34c(2)(a), which outlines the criteria for classifying a property as an agricultural operation for property tax purposes.

Cannabis Legal Defense

Commercial – Private – Criminal Charges

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The statute defines an agricultural operation as land “used for agricultural purposes, including, but not limited to, the production of field crops, livestock, poultry, fruit, and nursery stock.”

Historically, the Michigan State Tax Commission has argued that growing cannabis does not fall within the scope of agricultural operations under this statute.

HRP Cassopolis, LLC, a cannabis cultivation facility, challenged this interpretation, asserting that their activities align with the definition of agriculture outlined in MCL 211.34c(2)(a). The crux of their argument rested on the premise that cannabis cultivation involves the production of a crop, akin to other agricultural endeavors like growing fruits or vegetables.

In the initial proceedings, the Michigan State Tax Commission contended that cannabis cultivation should not be considered agricultural because it is federally illegal and does not have the same historical precedent as traditional agricultural practices. However, HRP Cassopolis, LLC countered by highlighting the state’s legalization of medical and recreational cannabis, arguing that its cultivation should be treated similarly to other lawful agricultural activities.

The case went through several stages of appeals, with each level of the judicial system scrutinizing the interpretation of Michigan’s tax laws in the context of cannabis cultivation.

Ultimately, the Michigan Court of Appeals ruled in favor of HRP Cassopolis, LLC, asserting that cannabis farming qualifies as an agricultural operation under MCL 211.34c(2)(a).

The court’s decision represents a significant victory for cannabis farmers in Michigan. By officially recognizing cannabis cultivation as agriculture, the ruling provides these businesses with access to important tax benefits and protections afforded to traditional agricultural operations. This includes favorable property tax assessments, which are crucial for the economic viability of cannabis farms in the state.

Moreover, the ruling brings much-needed clarity to the legal status of cannabis farming in Michigan. As the cannabis industry continues to grow and evolve, establishing clear guidelines for regulatory and tax purposes is essential for ensuring compliance and facilitating the industry’s responsible expansion.

HRP Cassopolis, LLC v LaGrange Township Assessor marks a pivotal moment for cannabis farming in Michigan. By affirming that cannabis cultivation qualifies as agriculture under state tax laws, the ruling not only benefits cannabis businesses but also contributes to the normalization and legitimization of the cannabis industry as a whole.

Moving forward, it is essential for policymakers to continue refining and updating regulations to support the growth of this burgeoning sector while ensuring accountability and responsible stewardship of agricultural resources.

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FAQs About Restoring Your Drivers License in Michigan

FAQs About Restoring Your Drivers License in Michigan

Frequently Asked Questions about Restoring Your Driver’s License in Michigan

Here’s what you need to know

What are the steps to restore my driver’s license in Michigan?

The steps to restore your driver’s license in Michigan vary depending on the reason your license was revoked or suspended. However, there are some general steps that apply to all cases:

 

  1. Pay all outstanding fines and fees. You can check your driving record online to see how much you owe.
  2. Complete any required driver improvement courses. This may include a substance abuse assessment and treatment program, if your license was revoked or suspended due to a DUI.
  3. Schedule a hearing with the Michigan Secretary of State (SOS). You can do this online or by calling the SOS at 517-335-1946.
  4. Attend your hearing and present your case to the SOS hearing officer. The hearing officer will review your driving record and any evidence you provide to determine whether or not to reinstate your license.

How much does it cost to restore my driver’s license in Michigan?

The cost to restore your driver’s license in Michigan varies depending on the reason your license was revoked or suspended.  It may be harder to get it back if you have numerous or other charges linked to the supension. You will most likely need an Attorney to fight for you.

There is a standard reinstatement fee of $125. You may also have to pay additional fees, such as the cost of any required driver improvement courses.

Have your rights been violated?
Have your driving priviledges been revoked?
Has your professional license been suspended?
Second Amendment rights taken away?
Have you been charged with a crime?

Call our office to see if we can help
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Do I need a lawyer to restore my driver’s license in Michigan?

It is not required to have a lawyer to restore your driver’s license in Michigan. However, a lawyer can help you understand the process and prepare for your hearing. If you have a complex case, or if you are not sure how to proceed, it is a good idea to consult with an attorney.

How long does it take to restore my driver’s license in Michigan?

The amount of time it takes to restore your driver’s license in Michigan varies depending on the reason your license was revoked or suspended. If you have all of the required documentation and you are able to present a strong case to the SOS hearing officer, your license may be reinstated relatively quickly.

However, if your case is complex or if you have a history of driving offenses, it may take longer to get your license back.

Where can I get more information about restoring my driver’s license in Michigan?

You can find more information about restoring your driver’s license in Michigan on the Michigan Secretary of State website:

  • License Restoration – Michigan Secretary of State: https://www.michigan.gov/sos/license-id/license-restoration
  • Road to Restoration – Michigan Secretary of State: https://www.michigan.gov/sos/license-id/road-to-restoration

You can also contact the SOS Driver’s License Restoration Division at 517-322-1946 for more information.

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Cannabis Tax Payments Being Distributed in Michigan

Cannabis Tax Payments Being Distributed in Michigan

Adult-Use Marijuana Tax Payments Being Distributed In Michigan

Here’s what they say…

Treasury: Adult-Use Marijuana Payments Being Distributed to Michigan Municipalities and Counties; More Than $59.5 Million Going to 224 Municipalities and Counties.

Sales of “legal” marijuana in Michigan contributed $266.2 million in tax revenue to the government during the most recent fiscal year, according to a new report from the legislature’s nonpartisan House Fiscal Agency.

That’s more than the state made from the sale of beer, wine and liquor combined. 

February 28, 2023

The Michigan Department of Treasury today announced that more than $59.5 million is being distributed among 224 municipalities and counties as a part of the Michigan Regulation and Taxation of Marijuana Act.

Over the next few days, 81 cities, 26 villages, 53 townships and 64 counties will receive payments from the Marihuana Regulation Fund. For the state of Michigan’s 2022 fiscal year, this means each eligible municipality and county will receive more than $51,800 for every licensed retail store and microbusiness located within its jurisdiction.

“Municipalities and counties will begin seeing these payments appear in their banking accounts,” State Treasurer Rachael Eubanks said. “Through a partnership, the dollars received from the adult-use marijuana taxes and fees are distributed to our participating communities.”

Revenue was collected from 574 licensees among the state’s cities, villages and townships during the 2022 fiscal year. Some of these municipalities host more than one licensed retail store and microbusiness.

For the 2022 state fiscal year, there was $198.4 million available for distribution from the Marihuana Regulation Fund.

State law outlines how much is distributed from the Marihuana Regulation Fund.

Aside from the more than $59.5 million in disbursements to municipalities and counties, $69.4 million was sent to the School Aid Fund for K-12 education and another $69.4 million to the Michigan Transportation Fund.

In total, more than $1.8 billion in adult-use marijuana sales was reported for Fiscal Year 2022.

“The team at the CRA does an amazing job and our effective regulatory approach allows our licensees to provide Michigan’s cannabis consumers the safest possible product,” said CRA Executive Director Brian Hanna. “The funding that makes its way to local governments through the excise tax collected by licensed retailers is an important benefit of the regulated cannabis industry and the CRA is committed to doing our part in supporting our law-abiding licensees.”

 

Where they say the money goes…

Adult-Use (Recreational) Marijuana

Adult Use Break Downs
$226m – $59m = $167m (left over after distribution…nice haul)

Marijuana funds collected under the Michigan Regulation and Taxation of Marihuana Act (Initiated Law 1 of 2018) are distributed, upon appropriation, as follows:

  • 15% to municipalities in which a marijuana retail store or a marijuana microbusiness is located, allocated in proportion to the number of marijuana retail stores and marijuana microbusinesses within the municipality.
  • 15% to counties in which a marijuana retail store or a marijuana microbusiness is located, allocated in proportion to the number of marijuana retail stores and marijuana microbusinesses within the county.
  • 35% to the School Aid Fund to be used for K-12 education.
  • 35% to the Michigan Transportation Fund to be used for the repair and maintenance of roads and bridges.

Links

For more information about adult-use marijuana tax distributions – including a breakdown of how much municipalities and counties received – go to Michigan.gov/RevenueSharing. To learn more about Michigan’s adult-use marijuana industry, go to Michigan.gov/cra.

Source: https://www.michigan.gov/treasury/news/2023/02/28/adult-use-marijuana-payments-being–distributed-to-michigan-municipalities-and-counties

Have your rights been violated?
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Call our office to see if we can help
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More is always better for the Government

Legislative Update 12-9-22

Liquor tax funding change means $25 million boost to counties

A two-bill package designed to extend the capture of liquor tax revenue that counties use for substance abuse programs passed during the last days of the legislative session this week and will soon mean a $25 million boost to counties.

Senate Bills 1222-23, by Sen Wayne Schmidt (R-Grand Traverse), amend the State Convention Facilities Authority Act to extend the sunset on the capture of liquor tax revenue for improvements to the convention facility in Detroit and therefore extend the sunset on the collection of liquor tax revenue for counties.

The issues were tied together when the act was created. Under current law, the collection and allocation of the liquor tax revenue expires once the bonds for the convention facility are paid off. Due to recent increases in liquor tax revenue, those bonds are scheduled to be paid off 13 years early, which would eliminate the future collection of revenue and deplete the allocation to counties. This two-bill package does not extend the 2039 deadline for the bonds to be paid off, but it does allow the facility authority to issue additional bonds for improvements.  

MAC has been working with representatives from the authority to address our need to have counties’ annual allocation reflective of the collection of the liquor tax revenue. Current law states counties receive an increase in their allocation based on a percentage above the previous year’s allocation, not on a percentage of the total tax collected. The excess tax collected is instead allocated to the reduction of the bond debt of the authority. (Again, due to the increase in liquor tax revenue, those bonds are scheduled to be paid off early.)

By allowing the authority to issue additional debt for improvements, the bills do something significant for counties. Beginning in 2023, the baseline allocation in liquor tax dollars for counties will increase by approximately 48 percent — or $25 million. (See county-by-county estimates.) The annual increase will remain the same as current law of 1 percent additional each year, but the baseline will be reset every three years to reflect the increase in revenue from the liquor tax.

Also, current law states 50 percent of the liquor tax revenue received by counties must be allocated to substance abuse programs. SBs 1222-23 will change that requirement to 40 percent (though no less than the amount allocated in FY22). In short, this will be a significant increase in funds toward substance abuse programs and an increase in the amount counties can allocate to their general funds. 

The bills are now headed to the governor for her expected signature.

For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.

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