“Allowing medical marijuana for those with autism was supposed to be the clinical trial,” Komorn said. “Instead, we’re going to have criminal trials.”
Lawyer slams decision to deny cannabis to autistic kids
The Detroit News Article
August 28, 2015 – Lansing — Michigan’s regulatory director on Thursday rejected the use of medical marijuana for the treatment of children with severe autism.
Michigan was poised to possibly become the first state to allow medical cannabis consumption for children with severe autism when the state’s Medical Marijuana Review Panel voted 4-2 earlier this month to recommend autism as a condition that qualifies for the drug.
Mike Zimmer, director of the Michigan Department of Licensing and Regulatory Affairs, said he rejected the request because of the lack of medical evidence showing marijuana helps with treating autism. He cited the opposition from the state’s chief medical examiner, Dr. Eden Wells.
“This lack of scientific evidence is more concerning when considering the broad scope of the petition, which does not limit medical marijuana treatment to overly severe cases of autism,” Zimmer said in his four-page letter.
Michael Komorn, a lawyer who filed the petition on behalf of a mother in southeast Michigan, called the decision disappointing and misguided. He said he’s considering seeking judicial review of the decision in Ingham County Circuit Court, where a judge’s prior ruling led to the review panel decision.
“He calls out the 55 parents and calls them all criminals. How dare you?” Komorn said of the impact of Zimmer’s decision on families seeking legalization of marijuana for autism treatment. “These parents are all in because their children are sick.”
Komorn said Zimmer’s concerns about a lack of controlled trials “is the red herring we’ve been fighting for a long time.”
Parents, he said, “are coming forward with anecdotal evidence” their children are being helped. The proper starting point for a clinical trial would be allowing them to continue, Komorn said.
Dr. David Crocker, a Kalamazoo physician who recommends cannabis use for patients with chronic pain, serves on the state’s medical marijuana board and questions its purpose if Zimmer can overrule Michigan’s marijuana “experts.”
“If you’re going to assemble a panel of experts for the purposes of determining this, why wouldn’t you go with their recommendation?” Crocker said. “I thought that our advice would be heeded in this case.”
“While I fully support finding new treatment options, there are neither sufficient studies nor scientific trials demonstrating its clinical impact to justify approval at this time,” Calley said in a statement.
Paul Welday, head of a marijuana advocacy group seeking reforms of Michigan’s medical marijuana law, said Zimmer’s decision “has met with universal disdain by virtually everyone who has been watching this issue.”
Welday said his organization, the Michigan Responsibility Council, “will be talking with our attorneys/drafters to include both autism and Parkinson’s as eligible conditions” for medical marijuana in reforms it is proposing lawmakers adopt this fall. The organization wants to work with lawmakers on pending legislation that also would set up a regulatory regime governing medical marijuana policies.”
State law doesn’t appear to allow the use of marijuana oil or juice — two methods that advocates described as ways children could take medical marijuana, Zimmer said.
He also worried that allowing autistic children to use medical marijuana could cause an explosion of use with unknown health consequences, considering the prevalence of autism in Michigan.
The director added that autistic children who experience seizures because of their condition may already be eligible to use medical marijuana as a treatment under state law.
Supporters argued oil extracted from marijuana and swallowed has been effective in controlling extreme physical behavior by kids with severe autism.
But Michigan’s 2008 voter-initiated law did not explicitly legalize oil-based cannabis products. Supporters of marijuana for children with autism said the drug could be ingested orally instead.
“The reality is there are other ways of ingesting it besides the oil form that can be just as effective,” Crocker said. “I don’t think that the fact the oils are illegal should preclude autism from being a qualifying condition.”
The panel that initially approved the use of marijuana for autistic children was influenced by comments from some Detroit-area doctors, especially the head of pediatric neurology at Children’s Hospital of Michigan, and from parents desperate for relief.
The state panel in 2012 and 2014 rejected allowing medical marijuana for autism. It led to a court battle and a challenge by Attorney General Bill Schuette before the panel accepted the latest formal request in the spring.
Article by
Gary Heinlein and Chad Livengood, Detroit News Lansing Bureau August 28, 2015
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.
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 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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Michael Komorn, a Michigan attorney who specializes in medical marijuana laws and is also the president of the Michigan Medical Marijuana Association, who filed a petition on behalf of a mother with a child who has Autism in southeastern Michigan spawned a flurry of articles through out the media world.
Please watch the video from the meeting and Michael Komorn’s comments
State officials on Monday acknowledged they’d omitted hundreds of pages of medical studies from packets supplied to a state review panel slated to consider medical marijuana for treating autism according to the Detroit Free Press.
The panel will reconvene July 31 to reconsider autism, officials said.
LANSING (AP) – Michigan would become the first state to allow medical marijuana for children with severe autism if a senior official follows the recommendation made Friday by an advisory panel. The state’s Medical Marijuana Review Panel voted 4-2 to …
LANSING, MI — The Michigan Medical Marijuana Law Review Panel voted Friday to recommend adding autism as a qualifying condition fit for treatment under the state law. That recommendation now heads to Mike Zimmer, director of the Michigan …
LANSING – Michigan would become the first state to allow medical marijuana for children with severe autism if an official follows the recommendation of a state panel. The Michigan Medical Marijuana Review Panel voted, 4-2, Friday to recommend autism as …
LANSING (AP) – A state panel is meeting again to consider whether to add extreme forms of autism to the conditions that qualify for medical marijuana in Michigan. Supporters say oil extracted from marijuana has been effective in controlling severe …
A state board has approved adding autism to the list of conditions that can be treated with medical marijuana. The Michigan Medical Marihuana Review Panel voted 4-2 on Friday to make the recommendation. The final decision will be made by Michigan …
The Michigan Medical Marijuana Review Panel has recommended to include autism as one of the health conditions that the state approves for medical marijuana treatment. The recommendation, which the panel released on July 31, is one step closer to …
Supporters of medical marijuana in Michigan received some surprising and hopeful news. On Friday, the Michigan Medical Marijuana Review Panel voted to recommend that autism be added to the list of conditions that doctors can prescribe medical …
LANSING, Mich. (AP) — Michigan would develop into the primary state to permit medical marijuana for youngsters with extreme autism if a senior official follows the advice made Friday by an advisory panel. The state’s Medical Marijuana Evaluation Panel …
Fathers high-fived with their children. Old men shed tears. Strangers embraced as if friends. Autism was recommended to be included in the list of illnesses covered under the protections of the Michigan Medical Marihuana Act. Although there still …
In this photo taken on June 26, Ida Chinonis helps her daughter, Bella, take her cannabis based medication at their home in Grand Blanc. Bella, 6, suffers from seizures, and her mother says the only medication that helps her is a cannabis oil. (Photo …
(WLNS) – According to the Centers for Disease Control and Prevention one in every 68 American children have some form of autism. On Friday families directly affected by autism are one step closer toward being able to use marijuana as a form of treatment.
LANSING, Mich. (AP) — A state panel has recommended that severe forms of autism be added as a condition that qualifies for medical marijuana in Michigan. The Michigan Medical Marijuana Review Panel voted 4-2 Friday to recommend its use. The group’s …
“We’ve been doing all of the regular gammits of everything that doctors recommend for us to do – advanced behavioral analysis therapy, occupational therapy, speech therapy. We have him maxed out,” explained Bruno’s Father, Dwight Zahringer.
A state panel met on Friday to consider adding extreme forms of autism to the list of conditions that qualify for the use of medical marijuana in Michigan. In a 4-2 vote, the Michigan Medical Marijuana Review Panel is recommending the approval of a …
A state panel is recommending Michigan add extreme forms of autism to the conditions that qualify for medical marijuana. In a 4-2 decision, the Michigan Medical Marijuana Review Panel voted to recommend allowing medical marijuana for children with …
The state’s Department of Licensing and Regulatory Affairs Marijuana Review Panel is expected to vote today on whether or not medical marijuana can be used as treatment for people with autism. The panel has held a public hearing and reviewed several …
A regulatory panel will consider is autism will be included on the list of things medical marijuana can legally treat. Show Transcript Hide Transcript. THEY JUST DID WHAT THEY HOPED EVERYONE WOULD DO IN THAT SITUATION. Karen: SOME SAY IT’S …
Parents who are in favor of the proposal say medical marijuana in small doses works wonders with kids who have autism, and that it helps with behavioral issues. Opponents say there is no strong evidence the drug is very helpful. LANSING A state panel …
autism cannabis marijuana Multi-talented Michigan attorney Michael Komorn is calling on families of children with autism to attend a crucial vote of the Medical Marihuana Review Panel on July 31st. The Panel is considering whether to recommend approval …
April 23, 2015 – In Western Michigan yet another Michigan Medical Marijuana patient is fighting for his freedom in a system of confusing laws. He is also fighting for the right to see his child all while the State of Michigan possibly destroys his family and financial future. Max Lorincz -unlike most who plead to the sometimes bullying tactics of the court system – is standing up for his right use the medicine recommended by a doctor.
The fly in the ointment in this case is that the marijuana was a concentrate and not what is described as usable in the Michigan Medical Marihuana Act.
The story has been covered by the Fox 17 News program. Below is some further information from the online website.
GRAND RAPIDS, Mich. – A Spring Lake father already served jail time and is due back in court for another felony charge of medical marijuana concentrates possession, despite having a medical marijuana card.
Max Lorincz told FOX 17 has suffered years of pain from a long list of ailments, including herniated back discs and severe celiac disease. Yet when he started to use prescribed medical marijuana edibles and concentrates, his pain faded.
Here’s the hook: even though Lorincz has a medical marijuana card and thought he was following the law, marijuana concentrates are not necessarily protected under the Michigan Medical Marijuana Act.
“When I got on the edibles, it was able to calm my stomach down enough and get things under control better than any medications they’d prescribe me,” said Lorincz.
Recently Lorincz was charged with felony marijuana concentrates possession. As he awaits court, the judge ordered him to be drug tested. Now he said he is forced back on powerful painkillers; pills Lorincz said make him feel like a zombie.
Under the current Michigan Medical Marijuana Act, “usable marijuana” is defined only as the dry leaves or dry flowers of the plant. Under its section four, users are protected to have up to 2.5 ounces of “usable marijuana,” Concentrates are not and according to the People v. Carruthers, don’t qualify for section 4 immunity.
Medical marijuana users can find defenses under section 8 of the act when they meet certain criteria. Prosecuting status quo tactics are usually stripping a defendant of their section 4 and section 8 immunity by any means therefore disallowing any reference of medical marijuana in a trial to a jury.
There is legislation pending that would amend the Michigan Medical Marijuana Act to include perhaps a more specific definition of “usable marijuana.” However, this House Bill 5104 has been hung up for months, after the Michigan Senate referred it to a committee last August.
Since seeing FOX 17’s coverage of Lorincz’s case back in February, Defense Attorney and President of the Michigan Medical Marijuana AssociationMichael Komorn took on Lorincz’s case pro bono. For the last six years, Komorn said he’s dedicated his practice exclusively to medical marijuana patient and caregiver representation.
But his case has come with some devastating consequences. In February Lorincz was charged with a two-year felony: possession of a schedule 1, controlled, synthetic substance. Schedule 1 is defined as a controlled substance that has no medical use.
Now his five-year-old son is taken away, and he is left with only supervised visits. All of this because Lorincz called 911 in September for a family medical emergency. The deputy who responded to the call found a smear of butane hash oil in his home. It’s a substance Lorincz ingests for what he called “deep pain relief,” and is something he obtained with his medical marijuana card.
“I’m outraged by it, it shouldn’t have happened,” said Komorn.
Komorn said medical marijuana is not a controlled substance. In fact, Michigan law states marijuana is a schedule 2 drug. Yet because Lorincz is charged with having a schedule 1 drug, and not specifically marijuana, Komorn said it is difficult to protect Lorincz under section 8 immunity of the Michigan Medical Marijuana Act.
Komorn believed part of the issue is a recent policy change in Michigan State Police Lab reporting.
“They had a policy change by why?” asked Komorn. “The policy changed. The motivation for it was if they report it this way, people like Max won’t be able to claim a medical marijuana defense.”
The lab technician in Lorincz’s case testified that he has been testing tetrahydrocannabinol, or THC, for 25 years. THC is the main psychoactive ingredient in marijuana, also present in synthetics. However, a recent policy change means the technicians have to write “origin unknown” when testing this type of THC on lab reports. The technician said he could not tell if the sample was synthetic or natural.
The prosecution argued Lorincz’s residue was not “usable marijuana,” as defined in the previous court case, People versus Carruthers; therefore, Lorincz should be bound over for trial. However, Komorn argued that a hash extraction comes directly from the resin of the plant.
Komorn said this lab policy change is the difference between a felony and no charge at all for Lorincz, stating he should be protected under the Michigan Medical Marijuana Act. Komorn asked the judge to dismiss it.
“(The lab technician) admitted that on the stand,” said Komorn. “That is very, very, very disturbing to me, because it means that the politics in the law are affecting the truth. That’s not how it’s supposed to be. We’re supposed to rely on science to make the case.”
For now Lorincz said he is following court’s orders and is back to taking what he calls debilitating prescription pain-killers.
Michael Komorn, a Michigan attorney who specializes in medical marijuana laws and is also the president of the Michigan Medical Marijuana Association, who filed a petition on behalf of a mother in southeastern Michigan, said no other state allows medical marijuana for severe autism.
This inspired several posts including MLive and the Washington Times. The post stated Michigan would become the first state to allow medical marijuana for children with severe autism if a senior official follows the recommendation made Friday by an advisory panel.
The state’s Medical Marijuana Review Panel voted 4-2 to recommend autism as a condition that qualifies for the drug.
Supporters say the extracted oil from marijuana when swallowed has been effective in controlling extreme physical behavior by kids with severe autism. It wouldn’t be smoked.
The panel was influenced by comments from some Detroit-area doctors, especially the head of pediatric neurology at Children’s Hospital of Michigan, and parents desperate for relief.
Now the recommendation go before Mike Zimmer, who is the director of the Department of Licensing and Regulatory Affairs. He has until late October to make a final decision.
Voting in favor of allowing it, Dr. David Crocker, a panel member noted that two doctors need to give their approval for a child to get a medical marijuana card from the state.
“We have a pretty good checks-and-balances system,” he said.
Michigan’s chief medical executive, Dr. Eden Wells, serves on the panel and voted no. She’s not convinced that there’s enough research on the topic, especially the long-term effects of marijuana on children.
The same panel rejected an autism petition in 2013 in what had been called a final decision. Smith’s petition was initially denied by LARA, but she successfully sued to force reconsideration.
The review panel voted 4-2 in favor of a petition submitted by Lisa Smith, a Michigan mother who has said cannabis oil has helped improve her severely autistic 6-year-old son’s behavior, sleep patterns and eating schedule.
Attorney Michael Komorn, who represents Smith, said her petition included hundreds of pages of research on autism and medical marijuana that was not included in the 2013 debate.
Smith’s son was certified to use medical marijuana because he also has epilepsy, which is already a treatable medical condition under the law.
“Otherwise, she would not have been able to get a recommendation from her doctor to see the benefits that it had on autism,” Komorn said. “She’s heroic in that she came forward and was able to tell her story so that this could happen.”
“These things are things we do not know until we have enough experience with these medications in a controlled trial. … I don’t think we have those checks and balances,” Wells said.
Experts writing in the February edition of the Journal of Developmental & Behavioral Pediatrics cautioned that marijuana for kids with severe autism might serve only as a “last-line therapy.”
Only one condition, post-traumatic stress disorder, has been added to those that qualify since Michigan voters approved marijuana for the side effects of cancer and a few other illnesses in 2008.
