The Case of Cannarbor -v- The Michigan Dept of Treasury

The Case of Cannarbor -v- The Michigan Dept of Treasury

Nice Try…

This case centered on the disagreement between Cannarbor, Inc., a medical marijuana provisioning center operating in Michigan, and the Michigan Department of Treasury concerning the obligation to collect sales tax on the retail sale of medical marijuana. Cannarbor contended that its sales should be exempt from sales tax, pointing to a 2011 communication from a Deputy Treasurer which indicated that transactions between registered caregivers and patients were not considered taxable sales. Conversely, the Department of Treasury maintained that the state’s General Sales Tax Act (GSTA), alongside the Medical Marihuana Act (MMMA) and the more recent Medical Marihuana Facilities Licensing Act (MMFLA), clearly established that retail sales by licensed provisioning centers were subject to sales tax, a distinction from the non-taxable services offered by individual primary caregivers.

The Michigan Court of Claims ruled in favor of the Department of Treasury, a decision that was subsequently affirmed upon appeal. The appellate court underscored that the MMFLA, enacted after the issuance of the 2011 letter, drew a distinct line between primary caregivers, who offer non-taxable support to qualifying patients, and licensed provisioning centers, which conduct taxable retail transactions. The court highlighted the Legislature’s deliberate omission of a sales tax exemption for provisioning centers, in contrast to the explicit exemption provided to primary caregivers for the reimbursement of their costs. Furthermore, the court dismissed Cannarbor’s assertion that its activities were equivalent to those of primary caregivers, emphasizing that the legislative framework itself differentiated these entities.

Finally, the court rejected Cannarbor’s arguments regarding detrimental reliance on the 2011 letter and alleged violations of equal protection and the principle of uniform taxation. The court reasoned that the 2011 letter, predating the MMFLA, was not applicable to the operations of licensed provisioning centers established under the new regulatory framework. Moreover, the court concluded that provisioning centers and primary caregivers were not similarly situated for taxation purposes, as the Legislature had a rational basis for establishing different tax treatments for these distinct categories of actors within the medical marijuana system.

Komorn Law

TIP: When you’re in trouble – Better Call Komorn

Komorn Law
Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Legal Tip – Driving High on Cannabis in Michigan

Legal Tip – Driving High on Cannabis in Michigan

Driving under the influence of cannabis is illegal and carries serious consequences in Michigan.

We have fought and won many cases from the District Courts, Circuit Courts, Court of Appeals and the Supreme Court through out the State of Michigan. We have also fought and influenced laws and regulations regarding cannabis over the past 15 years+.

Go ahead Google Us – Search Komorn Law

If you are stopped and suspected of driving high:

  • Remain Calm and Polite: Cooperate with the officer’s requests (e.g., providing your license and registration).
  • You Have the Right to Remain Silent: You are not obligated to answer questions beyond basic identification. Politely state that you wish to remain silent.
  • Field Sobriety Tests (FSTs) are Voluntary: You can refuse to participate in roadside field sobriety tests. This refusal cannot be used against you in court, although the initial stop and observations can still be factors.
  • Implied Consent: Michigan has an implied consent law, meaning by driving on public roads, you’ve consented to chemical tests (blood, breath, or urine) if lawfully arrested for a suspected OWI. Refusal to submit to a chemical test after a lawful arrest can lead to immediate driver’s license suspension, even if you are not ultimately convicted of OWI.
  • Document Everything: If possible, note the time, location, officers involved, and any details about the stop.
  • If Arrested, Do Not Resist: Comply with the arrest procedures. If you do resist you need to call us ASAP.

If you need to hire one of the best legal firms in Michigan

If you are arrested for driving under the influence of cannabis, it is crucial to seek experienced legal counsel as soon as possible.

Call Komorn Law to understand your rights and options and to build a strong defense. We specialize in Michigan marijuana laws and can provide the expert representation you need.

When you’re in trouble
Better Call Komorn

Komorn Law
Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

And more

THC Associated with Increase of Survival Time in Palliative Cancer

THC Associated with Increase of Survival Time in Palliative Cancer

Summary from the official government website (Link Below)

The Use of Tetrahydrocannabinol Is Associated with an Increase in Survival Time in Palliative Cancer Patients: A Retrospective Multicenter Cohort Study

The study, conducted by researchers in Germany, analyzed data from the palliative treatment documentation of over 9,000 patients from five ambulatory palliative care teams. The researchers divided the patients into three groups: those who did not receive THC, those who received a low dose of THC (less than or equal to 4.7mg per day), and those who received a higher dose of THC (greater than or equal to 4.7mg per day). They then compared survival rates between the groups.

The analysis revealed that THC use was associated with a statistically significant increase in survival time, but only for patients who received a daily dose exceeding the median amount of 4.7mg. In this group, patients lived an average of 15 days longer compared to those who did not receive THC.

APPEALS in STATE or FEDERAL COURT
When you need to appeal a decision you feel is wrong.
Call Komorn Law
 (248) 357-2550

Key takeaway: This study suggests that THC may offer a survival benefit for ambulatory palliative care patients, but only at higher doses. More research is needed to confirm these findings and to explore the underlying mechanisms.

Additional considerations:

  • The study was observational and cannot definitively prove that THC caused the observed increase in survival time. Other factors may have played a role.
  • The optimal dosage of THC for palliative care patients is still being investigated.
  • THC use can have side effects, and it is important to weigh the potential risks and benefits when considering it as a treatment option.

Further readings:

Source: NIH

In the FEDERAL COURT SYSTEM
When you need to go on the offense – to put the prosecution on defense
Komorn Law (248) 357-2550.

Michigan wants to study marijuana’s health benefits

Michigan wants to study marijuana’s health benefits

MICHIGAN WANTS TO STUDY MARIJUANA’S HEALTH BENEFITS

When Michigan voters approved recreational marijuana six years ago, they also allocated cannabis tax revenue for research into the health benefits of the drug specifically for military veterans. In a remarkable commitment, state officials dedicated a substantial $40 million to this cause.

Not a single veteran has received marijuana in a trial.

Critics argue that federal restrictions are to blame for the delays in marijuana research. A Michigan study on post-traumatic stress disorder faced obstacles from the Food and Drug Administration, which opposed participants inhaling marijuana, despite it being the primary method of consumption for many veterans.

Additionally, researchers faced significant challenges in acquiring a federally approved marijuana supply for their proposed studies, enduring a time-consuming process spanning nearly two years. Due to legal constraints, they are unable to utilize readily available cannabis from dispensaries.

Consequently, these studies are still several months away from commencing.

In Michigan, veterans like Anton Harb said they believe marijuana holds promise for PTSD treatment and staves off suicidal impulses. He’s a former Army artilleryman who served in Iraq and says marijuana helped ease nightmares, anxiety and depression caused by PTSD.

“Cannabis set me on a path of healing,” said Harb, 41. “I want other veterans to be able to at least make an informed decision.”

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

Harb has voiced concerns about the slow progress of research. The 2018 legalization of recreational marijuana in Michigan enforced a requirement that generated tax revenue from sales be designated for FDA-approved research.

Since 2021, the Cannabis Regulatory Agency of Michigan has bestowed $40 million in grants upon the University of Michigan, Wayne State University, and the Multidisciplinary Association for Psychedelic Studies (MAPS), a reputable nonprofit organization.

Researchers say the larger trial in Michigan, paid for with a $12.9 million state grant, will study 320 veterans.

The FDA held up the second trial over concerns about inhalation and danger to the lungs in smoking pre-rolled marijuana cigarettes and vaping, as well as THC dosing. In a Dec. 28 letter, an FDA official said the hold would be lifted if the “drug delivery method” changes. MAPS plans to appeal the ruling. The FDA declined to comment, saying the agency’s “ability to discuss pending [applications] is strictly limited by federal law.”

Some experts, including a prominent pulmonologist who has studied the effects of marijuana smoking, say there is no evidence marijuana smokers are at significant risk of developing lung cancer or pulmonary disease like tobacco smokers. But a study published Wednesday found that frequent cannabis smoking may significantly increase a person’s risk for heart attack and stroke.

There is much more to the story —> Read More here at the Midland Daily News

DUI for Alcohol or Marijuana or Prescription Drugs - Fight it

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Feds Clarify Doctor Prescribed Medical Cannabis Is No Excuse

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The revised federal workplace drug testing guidelines, issued by the Substance Abuse and Mental Health Services Administration (SAMHSA), Department of Health and Human Services (HHS), are intended to provide clarity. These guidelines emphasize that individuals who use medical marijuana under a doctor’s recommendation in a legal state cannot use it as a valid justification for a positive THC test.

In notices published in the Federal Register, SAMHSA announced that it had amended guidance of saliva and urine testing to include the cannabis policy clarification, despite receiving comments opposing the proposal after they were first announced last year.

In the new notices, SAMHSA acknowledges receiving numerous comments advocating for reconsideration of the marijuana testing policy, with many individuals seizing the opportunity to advocate for federal cannabis legalization. Nevertheless, SAMHSA maintains that the current law justifies the revised guidance.

Mandatory Guidelines for Federal Workplace Drug Testing Programs

A Rule by the Health and Human Services Department on 10/12/2023

AGENCY:

Substance Abuse and Mental Health Services Administration (SAMHSA), Department of Health and Human Services (HHS).

ACTION:

Issuance of mandatory guidelines.

SUMMARY:

The Department of Health and Human Services (“HHS” or “Department”) has revised the Mandatory Guidelines for Federal Workplace Drug Testing Programs using Oral Fluid (OFMG) which published in the Federal Register of October 25, 2019.

DATES:

The mandatory guidelines are effective October 10, 2023.

FOR FURTHER INFORMATION CONTACT:

Eugene D. Hayes, Ph.D., MBA, SAMHSA, CSAP, DWP; 5600 Fishers Lane, Room 16N02, Rockville, MD 20857, by telephone (240) 276–1459 or by email at .

SUPPLEMENTARY INFORMATION:

Executive Summary

These revised Mandatory Guidelines for Federal Workplace Drug Testing Programs using Oral Fluid (OFMG) establish a process whereby the Department annually publishes the authorized drug testing panel ( i.e., drugs, analytes, or cutoffs) to be used for Federal workplace drug testing programs; revise the definition of a substituted specimen to include specimens with a biomarker concentration inconsistent with that established for a human specimen, establish a process whereby the Department publishes an authorized biomarker testing panel ( i.e., biomarker analytes and cutoffs) for Federal workplace drug testing programs; update and clarify the oral fluid collection procedures; revise the Medical Review Officer (MRO) verification process for positive codeine and morphine specimens; and require MROs to submit semiannual reports to the Secretary or designated HHS representative on Federal agency specimens that were reported as positive for a drug or drug metabolite by a laboratory and verified as negative by the MRO. In addition, some wording changes have been made for clarity and for consistency with the Mandatory Guidelines for Federal Workplace Drug Testing Programs using Urine (UrMG) or to apply to any authorized specimen type.

The Department is publishing a separate Federal Register Notification (FRN) elsewhere in this issue of the Federal Register with the revised UrMG, which include the same or similar revisions as the OFMG, where appropriate.

Background

Pursuant to its authority under section 503 of Public Law 100–71, 5 U.S.C. 7301, and Executive Order 12564, HHS establishes the scientific and technical guidelines for Federal workplace drug testing programs and establishes standards for certification of laboratories engaged in drug testing for Federal agencies.

Using data obtained from the Federal Workplace Drug Testing Programs and HHS-certified laboratories, the Department estimates that 275,000 urine specimens are tested annually by Federal agencies. No Federal agencies are testing hair or oral fluid specimens at this time.

HHS originally published the Mandatory Guidelines for Federal Workplace Drug Testing Programs (hereinafter referred to as Guidelines or Mandatory Guidelines) in the Federal Register (FR) on April 11, 1988 (53 FR 11979). The Substance Abuse and Mental Health Services Administration (SAMHSA) subsequently revised the Guidelines on June 9, 1994 (59 FR 29908), September 30, 1997 (62 FR 51118), November 13, 1998 (63 FR 63483), April 13, 2004 (69 FR 19644), and November 25, 2008 (73 FR 71858). SAMHSA published the current Mandatory Guidelines for Federal Workplace Drug Testing Programs using Urine (UrMG) on January 23, 2017 (82 FR 7920) and published the current Mandatory Guidelines for Federal Workplace Drug Testing Programs using Oral Fluid (OFMG) on October 25, 2019 (84 FR 57554). SAMHSA published proposed Mandatory Guidelines for Federal Workplace Drug Testing Programs using Hair (HMG) on September 10, 2020 (85 FR 56108) and proposed revisions to the UrMG (87 FR 20560) and OFMG (87 FR 20522) on April 7, 2022.

There was a 60-day public comment period following publication of the proposed OFMG, during which 53 commenters submitted 204 comments on the OFMG. These commenters were comprised of individuals, organizations, and private sector companies. The comments are available for public view at https://www.regulations.gov/​. All comments were reviewed and taken into consideration in the preparation of the Guidelines. The issues and concerns raised in the public comments for the OFMG are set forth below. Similar comments are considered together in the discussion.

Summary of Public Comments and HHS’s Response

The following comments were directed to the information and questions in the preamble.

Some submitted comments were specific to transportation industry drug testing which is regulated by the Department of Transportation (DOT). The Department has noted these comments below, but responded only to comments that are relevant to these Guidelines. DOT issued a notice of proposed rulemaking (NPRM) on February 28, 2022 (87 FR 11156). Subsequently, DOT extended the comment period to April 29, 2022 (87 FR 16160), and published the final rule on May 2, 2023 (88 FR 27596).

Authorized Drug Testing Panel

The Department requested comments on its proposal to publish the drug testing panel separately from the OFMG in a Federal Register\[[[[p Notification (FRN) each year. Fifteen commenters submitted a total of 40 comments on this topic for the OFMG.

Nine commenters disagreed with publishing a revised drug testing panel without a public comment period, expressing concerns that stakeholders including individuals subject to federally regulated drug testing would not be given the opportunity to provide comment and that the Department would miss valuable input including information on costs and burden. Some of these commenters suggested alternate ways to permit public comment while enabling a quicker response to testing panel changes ( e.g., setting a shorter comment period, publishing the Guidelines as an interim final rule or issuing an advance notice of proposed rulemaking). The Department has reviewed these comments and suggestions and determined that no changes to the proposed Guidelines are needed. The Department has developed procedures which will allow review and comment before testing panel changes are published, as described below.

Consistent with current procedures, prior to making a change to the drug or biomarker testing panel, the Department will conduct a thorough review of the scientific and medical literature, and will solicit review and input from subject matter experts such as Responsible Persons (RPs) of HHS-certified laboratories, Medical Review Officers (MROs), research scientists, manufacturers of collection devices and/or immunoassay kits, as well as Federal partners such as DOT, the Food and Drug Administration (FDA), and the Drug Enforcement Administration (DEA). Further, the Department plans to provide notice and opportunity for public comment regarding any proposed changes to the drug and biomarker testing panels as part of Drug Testing Advisory Board (DTAB) meetings and procedures.

Information regarding any proposed changes to the drug and biomarker testing panels and a request for public comment will be included in an advance notice of the DTAB meeting published in the Federal Register , along with the timeframe and method(s) for comment submission. During the meeting, the Department will present the basis for adding or removing analytes ( i.e., including technical and scientific support for the proposed changes), as well as a discussion of related costs and benefits. This information will be provided in advance to DTAB members. The Department will review all submitted public comments and will share information during a DTAB session prior to DTAB’s review of SAMHSA’s recommendation to the Secretary regarding each proposed change.

The Department will make the final decision on any panel changes and include the effective date(s) in the annual Notice, to allow time for drug testing service providers ( e.g., immunoassay kit manufacturers, oral fluid collection device manufacturers) to develop or revise their products, and for HHS-certified laboratories to develop or revise assays, complete validation studies, and revise procedures.

Three commenters specifically agreed with the need to streamline and improve processes for making changes to the testing panels, but expressed concern over the process for testing panel review and who would be involved. These commenters suggested involving other stakeholders ( e.g., HHS-certified laboratories, DTAB, FDA). As noted above, the Department will use multiple methods and involve subject matter experts from various stakeholder groups to determine testing panel changes, and will provide opportunity for public review and comment before changes are made. FDA, DOT, and other Federal partners will have opportunities to review and provide input.

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