Sep 29, 2015 | News
September 28, 2015
An recent article in the Washington Post about the arrest rate for marijuana possession is alarming. It goes on to read.
Every minute, someone gets arrested for marijuana possession in the U.S.
“The nation’s law enforcement agencies are still arresting people for marijuana possession at near record-high rates, according to the latest national data released today by the FBI.”
“In 2014, at least 620,000 people were arrested for simple pot possession — that’s 1,700 people per day, or more than 1 per minute. ”
“And that number is an undercount, because a handful of states either don’t report arrest numbers to the FBI, or do so only on a limited basis.”
“Nationwide, more than 1 in 20 arrests were for simple marijuana possession. Twenty years ago, near the dawn of the drug war, fewer than 2 percent of arrests were for pot possession. But that rate rose steadily throughout the 1990s and 2000s, even as those years saw a shift toward less-restrictive marijuana laws at the state level.”
“2014 saw the first year of fully legal recreational marijuana markets in Washington state and Colorado. But even as marijuana arrests plunged in those states, they crept upward at the national level.”
“It’s unacceptable that police still put this many people in handcuffs for something that a growing majority of Americans think should be legal,” said Tom Angell of the Marijuana Majority, a pro-legalization group, in a statement. “There’s just no good reason that so much police time and taxpayer money is spent punishing people for marijuana when so many murders, rapes and robberies go unsolved.” The FBI’s figures show that over half of the nation’s violent crimes, like murder, rape and assault, went unsolved in 2014.
“At 620,000 arrests, that means that states spent nearly half a billion dollars in 2014 just to arrest people for marijuana possession.”
“These numbers refute the myth that nobody actually gets arrested for using marijuana,” Mason Tvert of the Marijuana Policy Project, a pro-legalization group, said in a statement. “It’s hard to imagine why more people were arrested for marijuana possession when fewer people than ever believe it should be a crime.”
“And the consequences of an arrest, even if it doesn’t result in charges or jail time, can be devastating. An arrest can mean missing a day of work and getting fired. It can lead to a record that prevents a person from finding work in the future. If a person is detained and unable to post bail, an arrest can mean weeks in jail waiting for trial. In extreme cases, an arrest can end in death.”
“If more states legalize and eliminate penalties for marijuana possession, the disparities in state-level marijuana enforcement may draw even more notice, given an activity that’s legal in one state can lead to life-ruining consequences for somebody just across the state line. ”
Read the entire article here
Aug 17, 2015 | Blog, Komorn Law In The News
Local Attorney Michael Komorn, got the news that the marijuana case against his client was dropped and her property seized would be returned.
Ginnifer Hency and her lawyer, Michael Komorn, got the news early Wednesday morning that the marijuana case against her was dropped, and her property seized through civil forfeiture would be returned.
The Kimball Township woman’s case is one of at least five marijuana cases in St. Clair County that will be dismissed after a state Supreme Court decision last week.
“I’m elated that this part is over,” Hency said. “It’s been a long year.”
St. Clair County Prosecutor Michael Wendling said about 18 cases were on hold while prosecution and defense waited on the Supreme Court decision.
“We reevaluated the files that we had pending and at least five were no longer viable in light of the Supreme Court decision,” Wendling said.
“I think that’s an analysis that prosecutors across the state are undertaking.”
The Michigan Supreme Court ruling last week — its ninth medical marijuana ruling since voters approved the Michigan Medical Marihuana Act in 2008 — clarified when caregivers and users can use their medical marijuana certification as a defense or immunity if charged with a marijuana-related crime.
“We would have to have specific evidence on those items in order to overcome that burden now that we did not have to show before,” Wendling said.
“Several of those cases the evidence isn’t there to do that.”
Wendling said any unresolved civil forfeiture cases connected to those five dismissed cases also will be dismissed, and items seized will be returned.
The four other marijuana cases dismissed include ones against Austin Ray, Ryan Jackson, Thomas Cook and Kevin Lindke, Wendling said.
Komorn said Hency was arrested and her home raided in July 2014. The medical marijuana caregiver was charged in December 2014 with possession with intent to deliver marijuana.
According to appeal documents from the prosecution, Hency was charged after she allegedly told a Drug Task Force member she had six ounces of marijuana in a locked bag that she intended to exchange for a different strain with another caregiver and give the marijuana to her patients.
Her case was dismissed by visiting District Judge David Nicholson in May after Nicholson found that no crime had occurred after a preliminary examination.
The prosecutor’s office appealed Nicholson’s decision in circuit court. Oral arguments on the appeal were supposed to be heard by Circuit Judge Michael West Wednesday.
“We still feel that that appeal is justified because it was on a different issue,” Wendling said. “But, at the end of the day, if we win that appeal and that case gets refiled, we still have that Supreme Court decision to deal with.”
Komorn said he, co-counsel Shyler Engel and Hency were happy with the dismissal.
“But that does not eliminate the horror of what they’ve had to deal with the last year,” Komorn said.
“It didn’t come easy. We’ve had to fight for a year.”
Komorn said Hency’s family was devastated by the July 2014 raid on their home and Hency has had trouble finding employment because of the pending narcotics charge.
“We’re interested in pursuing damages,” Komorn said.
“This shouldn’t have happened. There shouldn’t have been criminal charges and there certainly shouldn’t have been a forfeiture.”
Hency said authorities seized several items, including a Chevy Impala, two iPhones, an iPad and a ladder, when they raided her home in 2014.
Hency’s case gained national attention when she said the Drug Task Force also seized a sex toy.
Sheriff Tim Donnellon said that was investigated and was unfounded.
“It’s absolutely not true,” Donnellon said. “There’s no reason for us to do any such thing, it never happened.”
The sex toy wasn’t listed on the forfeiture seizure list.
Hency said she appreciated the prosecutor’s decision to dismiss the case “in the interest of justice.” But she said she feels her case isn’t completely finished.
“When I get my stuff back I will consider it over,” Hency said. “There are a whole lot of other cases in St. Clair County that I hope they revisit in light of the (Supreme Court) decision.”
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law and turn your defense into an offense.
Call Now 248-357-2550
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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.
Apr 9, 2015 | News
April 6, 2015 – A former Grand Rapids Michigan doctor identified as Gregory Kuldanek who certified some patients and caregivers for medical marijuana cards without in-person evaluations will be sentenced Monday, April 6, in federal court.
Kuldanek pled guilty to conspiracy to manufacture fewer than fifty marijuana plants.
Some excerpts from the article state…
“As part of a plea deal, “at great risk to himself,” he provided testimony against the leaders of an organization that was growing marijuana at various places in West Michigan, his attorney, Kelly Lambert III, said in a sentencing memorandum. Kuladanek testified against Betty Jenkins and Phillip Walsh and his cooperation likely led others to enter pleas.” “Assistant U.S. Attorney Mark Courtade asked that U.S. District Judge Paul Maloney depart from sentencing guidelines because Kuldanek provided substantial assistance to the prosecution.”
“Kuldanek, 58, who had no prior criminal history, has moved to Palm Springs, Calif., with his life partner, a medical assistant. Kuldanek had focused on treating patients with HIV and AIDS. He is unemployed, and is uncertain if his medical license will be taken. He met patients through Jenkins and “actually believed that the patients were in need of medical marijuana for pain relief related to the various medical conditions that they presented with,” Lambert wrote. After a while, Dr. Kuldanek began to rely upon Ms. Jenkins’s word that a particular individual was in need of medical marijuana and that the patient, for whatever reason, was unable to make it to Dr. Kuldanek’s office for an examination,” Lambert wrote.”
Kuldanek began meeting prospective patients at restaurants and other places. Kuldanek admitted he knew that an in-person exam was required.
Police claimed 467 plants and 18 pounds of processed marijuana were seized from the case.
The original article was written by John Agar who covers crime for MLive/Grand Rapids Press. Grand Rapids Doctor Sentencing-orig
Apr 7, 2015 | Criminal Defense Attorney Michael Komorn, Komorn Law Blog, Michigan Medical Marijuana Criminal Defense Attorney Michael Komorn
I wanted to give a huge thanks to University of Michigan Law School Professors Howard Bromberg, Mark Osbeck and Law School class.
This past Thursday I had the honor of being asked to speak about my favorite topics, the Michigan Medical Marihuana Act and the practice of Law. The discussion and questions were lively and I appreciate the interest the class had in this developing area of law in Michigan.
Thank you so much for the opportunity and the very enjoyable afternoon.
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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.
Aug 11, 2014 | Medical Marijuana, Michigan Medical Marhuana Regulation, Services
Patient Rights Under the Michigan Medical Marihuana Act
Your Rights as a Qualified Patient
When a person qualifies under the current Michigan Medical Marihuana Act (MMMA), they have certain rights as a patient.
1. They can possess up to 2.5 ounces of usable marijuana.
2. They can grow up to 12 marijuana plants so long as they keep them in a secure, locked facility.
3. If a person is growing the plants outdoors, they cannot be visible from outside of their property and should be within an enclosed locked structure.
4. They can have THC in their blood if accussed of driving under the influence. A recreational user is subject to Michigan’s zero tolerance level which means if you consumed marijuana 4 days ago it is still in your system even if it is not affecting your behavior or judgement.
Note: Cannabis can stay in your system for 30 days or longer after one use. A law firm such as Komorn Law should be able to get you through this.
As a patient or caregiver, they also need to register with the Cannabis Regulatory Agency
Current Michigan Medical Marihuana Act (MMMA) Laws and Updates
See the current laws and updates here as they are constantly evolving into a regulated government business.
A Law Firm focused on the Rights of Patients and Caregivers
Since 1993, the Law Office of Michael Komorn has provided outstanding, results-focused legal counsel to its clients in all areas of criminal defense – in state and federal courts – including medical marijuana law. We are advocates of our clients’ rights. Our mission is to provide the highest standards of legal advice and expertise with an emphasis on client satisfaction and exceptional results.
Attorney Michael Komorn is president of the Michigan Medical Marijuana Association In his role as president, Komorn has worked to organize patient/caregiver rally events, taken on several pro bono cases and fought to maintain the innocence of his clients using Michigan’s Medical Marihuana Act.
Charged with a Marijuana or other Crime?
If you or someone you know is facing charges as a result of Medical Marijuana recommended to you as a medical marijuana patient under the Michigan Medical Marijuana Act, contact Komorn Law and ensure your rights are protected.
Contact us for a case evaluation at 248-357-2550
Attorney Michael Komorn is recognized as a leading expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group with over 26,000 members, which advocates for the rights of medical marijuana patients and their caregivers.
Michael is also the host of the Planet Green Trees Radio Podcast and Planet Green Trees TV, a marijuana reform based show, which was broadcast every Thursday night 8-10 pm EST for over 525 episodes.
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