GRAND RAPIDS, Mich. – Big questions are still looming over the controversial Michigan State Police Forensic Science Division marijuana reporting policy change: it’s accused of ambiguous crime lab reporting leading to misdemeanor pot charges trumped for synthetic-THC felonies.
Tuesday MSP-FSD officials responded to FOX 17’s investigation: officials stated they stand by their policy change, but they failed to address some of our biggest questions.
Last month, FOX 17 was the first to show you emails accusing the crime labs of falsely reporting marijuana extracts, leading to trumped up felony charges of synthetic pot possession. Tuesday, state police officials released a seven-paragraph statement which explains their 2013 policy change to write “origin unknown” on lab reports where they said they cannot determine if samples are marijuana or man-made THC (mainly in the case where pot plant material is not present).
However, their statement does not address the concerns FOX 17 revealed in uncovered emails from MSP-FSD’s own crime lab employees who wrote to their peers that they do have the science to prove where pot extracts, like edibles and hash, come from.
Here is the MSP statement in full released to FOX 17 on Nov. 17:
“In 2013, the Michigan State Police Forensic Science Division (MSP-FSD) changed its policy regarding how marihuana and THC are reported in an effort to standardize reporting practices among our laboratories and to ensure laboratory reports only include findings that can be proved scientifically.
With the influx of synthetic drugs into our laboratory system it became necessary to ensure reporting standards were in place across all labs. As is common practice in this division, involved laboratory managers were given the opportunity to discuss the proposed changes and provide their insight before a final decision was made by laboratory command.
After this discussion period, the decision was made to begin using the phrase “origin unknown” for samples in which it is not possible to determine if THC originates from a plant (marihuana) or synthetic means. It should be pointed out that “origin unknown” does not mean the sample is synthetic THC; it only means the lab did not determine the origin and the source of the THC should not be assumed from the lab results.
For example, if a sample is submitted to the lab that is clearly from a plant-based source, the results will indicate the sample is marihuana. If it is not clear that the submitted sample is from a plant-based source because it is an extract, residue or another compound with no visible plant matter, then the report will indicate whether or not THC — the illegal component of the sample — is present, but the source of the THC will not be identified (“origin unknown”) because the source cannot be scientifically established.
This reporting procedure was further clarified in July 2015 with the amended phrase of “The origin of delta-1-tetrahydrocannabinol may be from a plant (marihuana) or a synthetic source.”
The MSP-FSD takes full responsibility for this policy change and stands behind its decision, as being in the best interest of science. The allegation that politics or other influence played a role in this policy change is wholly untrue.
As is the circumstance in all criminal cases, the ultimate charging decision rests with the prosecuting authority that makes their decision based upon all the relevant evidence in a case, of which the laboratory report is but one factor.”
Note that in the first paragraph, state police officials write that their 2013 marijuana and THC reporting change was made in an effort to “standardize reporting practices among our laboratories and to ensure laboratory reports only include findings that can be proved scientifically.”
Officials explain that the crime lab was testing an influx of synthetic drugs. Then, as FOX 17 has been reporting, after a discussion, MSP officials changed policy to write “origin unknown” on lab reports for samples officials said are impossible for their lab employees to determine where the THC originates.
Yet again, writing “origin unknown” on lab reports is a resonating point of contention, attorney Michael Komorn, medical marijuana activists, and even crime lab scientists themselves disagree. This is even evidenced within months of uncovered email chains between MSP-FSD employees where crime lab scientists and directors wrote they can prove where marijuana extracts come from based on science and tests available in the crime labs.
But MSP’s argument appears to remain that because there is no pot plant visible in samples like hash and edibles, their labs cannot determine if the THC is natural or man-made: again, the difference between a misdemeanor and felony.
Ultimately MSP officials wrote, “MSP-FSD takes full responsibility for this policy change and stands behind its decision, as being in the best interest of science.”
As of Tuesday, MSP officials decline on-camera interviews with FOX 17, including an interview with MSP-FSD Director, Captain Greg Michaud.
Although it is up to the prosecutor to file charges, this crime lab reporting change has severely affected people’s lives, including the father in Spring Lake Max Lorincz who is charged with felony possession of synthetic-THC for having butane hash oil.
Lorincz has lost custody of his son since September 2014 as a result, and he is due back in Ottawa County Court Friday. Lorincz and his family have started a GoFundMe page to raise money to continue fighting their case and comply with court’s orders: including money for transportation to drive to drug tests and counseling all because he is a medical marijuana card-carrying patient.
Stay with FOX 17 for the latest on this investigation.
POSTED 6:03 PM, NOVEMBER 17, 2015, BY DANA CHICKLAS
DETROIT (AP) >> People fired in Michigan for using medical marijuana can collect unemployment benefits after the state Supreme Court turned down appeals in two cases.
The court declined to hear appeals that could have overturned a 2014 state appeals court decision.
A brief order was released Thursday. The Michigan Chamber of Commerce and Attorney General Bill Schuette’s office had urged the state’s top court to intervene.
It’s a victory for a hospital employee and a furniture repairman who had medical marijuana cards but lost their jobs. The appeals court said there was no evidence they worked under the influence of pot or used marijuana at work.
Michigan employers still can fire workers who use marijuana, even if they have a card. That was settled by a federal court in 2011.
MIRS-Michigan Independent Source Of News and Information Friday Nov 6, 2015
Maxwell LORINCZ, of Spring Lake, says a fingerprint of oil on an empty plastic container led to his arrest on a drug charge on Sept. 24, 2014. Now, a year later, the case that might have started with a fingerprint has spurred a defense attorney to question the state’s protocol for handling some marijuana-related crimes. The attorney is also alleging that the current system allows some cases to incorrectly be heightened to felonies when they should be misdemeanors.
Lorincz says that because of what happened to him, the lives of he and his wife have been destroyed and his 6-year-old son has been in foster care for a year.
“There couldn’t have been a more terrible thing to happen in my life,” Lorincz said in an interview this week.
Lorincz’s attorney is Michael KOMORN, who specializes in medical marijuana cases. Through investigating Lorincz’s case, Komorn has called in laboratory experts and obtained internal Michigan State Police (MSP) emails between laboratory workers and an employee of the Prosecuting Attorneys Association of Michigan (PAAM).
The debate focuses on THC, the chemical responsible for many of marijuana’s psychological effects.
The documents show an internal debate between MSP employees about how cases involving THC extracts that contain no visible marijuana plant matter should be handled. And they show a PAAM employee providing guidance to MSP workers on the subject.
The findings, Lorincz’s legal team alleges, show that law enforcement authorities have made a concerted effort to “bend the science.”
The way the science has been bent, the team says, allows THC oils or solids where no plant matter is visible to be considered synthetic, meaning they could bring a felony charge under Michigan law.
Normally, if the THC clearly came from a plant, it would bring a misdemeanor charge.
The allegation is that in some instances where law enforcement isn’t certain whether the THC came from a plant, authorities have been able to use the MSP protocol, which some outside forces had input on, to go ahead and pursue the synthetic felony crime. That’s what Komorn says happened to Lorincz.
But both the MSP and the Prosecuting Attorneys Association of Michigan (PAAM) deny any concerted effort to heighten criminal penalties has taken place.
Shanon BANNER, spokesperson for MSP, said in a statement that the department “wholly refutes” the claims being made by Komorn.
“Turning an internal debate among colleagues into a multi-level conspiracy is a diversionary tactic used to distract from the facts of the case,” Banner said. “The bottom line is the professionals of MSP-FSD (Forensic Science Division) would never allow politics to trump science.”
Some medical marijuana users prefer to consume marijuana in oil form or in solid foods, involving THC extracts. However, the items aren’t considered usable drugs under the Michigan Medical Marijuana Act.
The question that Komorn is focused on is how the MSP crime lab and prosecutors decide whether the THC in those forms is synthetic or from a plant.
In some cases, no plant matter is visible, and, according to emails obtained by Komorn, there’s been a disagreement among MSP lab workers about how to define the drugs in reports in those instances.
In an October court filing, Kormon pointed to an email from Ken STECKER, an employee of PAAM. Stecker advised MSP workers, “That in my opinion, THC is a schedule 1 drug regardless of where it comes from.”
However, one MSP worker, Bradley CHOATE, wrote in 2014 that simply saying that THC was found “without any other statement” would lead a prosecutor to the synthetic portion of state law because that’s the place where THC is listed in state law.
“This could lead to the wrong charge of possession of synthetic THC and the ultimate wrongful conviction of an individual,” Choate wrote. “For the laboratory to contribute to this possible miscarriage of justice would be a huge black eye for the division and the department.”
Eventually, after the internal debate, the department settled on the idea of listing the origin as unknown in situations where no plant matter was visible and the origin couldn’t proven.
That has essentially left the decision up to prosecutors to draw their own conclusions, according to lawyers.
“The new reporting procedures implemented in 2013 ensure that MSP-FSP is only reporting what it can scientifically prove,” Banner said in a statement.
According to a statement from Michael WENDLING, president of PAAM and St. Clair County’s prosecutor, PAAM has already met with staff from the Senate Judiciary Committee to request changes to a medical marijuana bill in the Legislature.
“The change requested by PAAM would decrease the penalty for synthetic marijuana to equal that for plant marijuana,” the statement said. “This request was made prior to recent press coverage on this issue.”
That change would likely settle the dispute.
Wendling also stated that PAAM didn’t direct MSP to change its policy to increase potential charges, as some have alleged.
On why Stecker was emailing MSP workers about the issue in the first place, Wendling said Stecker, a marijuana expert, was simply responding to requests about his opinion.
“It is common practice to consult with prosecuting attorneys to ensure compliance with state law,” Banner said.
Stecker did email from what was apparently an Attorney General (AG)-based email address, according to the documents. But according to the AG’s office, he’s never worked there.
Questions about why he had the email address were referred by the AG’s office to the Department of Technology, Management and Budget.
Komorn himself has questioned why Stecker advised MSP on the subject.
“I’m a lawyer. He’s lawyer. I want to talk to the lab. I want to tell them how I want the results reported,” Komorn said.
As the debate continues, other prosecutors have taken note of what’s happening with the ongoing Lorincz case.
Chris BECKER, chief assistant prosecutor in Kent County, said his county has decided to treat oil cases where there is no plant material visible as plant marijuana, not synthetic.
Counties that see it differently aren’t necessarily doing anything wrong, Becker said.
“There’s different ways to interpret it,” he said. “Different counties can interpret it differently.”
As for the allegation that PAAM was working with MSP to change the policy, Becker said nothing could be further from the truth.
“The state lab is its own entity,” he said. “There is no grand conspiracy.”
OTTAWA COUNTY, Mich. – The evidentiary hearing originally set for Nov. 5 has been dropped in the case involving a medical marijuana patient charged with a disputed felony for synthetic THC, the psychoactive ingredient in marijuana.
The Ottawa County Assistant Prosecutor filed motions to quash, or suppress, the defense’s subpoenas, and adjourned the Nov. 5 hearing until a later date. Essentially this move buys the prosecution more time before explaining this issue of possible politicking in Michigan State Police Forensic Science crime labs’ marijuana reporting.
Since February, FOX 17 has covered this case involving the defendant, Max Lorincz, a Spring Lake father charged with a felony for having medical marijuana. His attorneys with Komorn Law PLLC argue Lorincz’s “smear” amount of butane hash oil is covered under the Michigan Medical Marijuana Act as “usable marijuana,” or specifically the “mixture of preparation” of the marijuana plant.
Since last week FOX 17 is leading statewide coverage of a major development in the case: the defense’s claim that state police crime labs are misreporting marijuana test results. This results in ambiguous crime lab reports leading to felonies charged, despite no credible proof beyond a reasonable doubt of what the substance actually is.
The prosecution filed a motion to quash the defense subpoenas in rebuttal to the defense’s motion to quash Lorincz’s bindover and well as their motion to show cause to produce evidence and testify against incriminating emails that spell out a debate among law enforcement, scientists, and prosecutors associated with the Attorney General’s office in reporting marijuana forensically.
Earlier, the defense’s motion to show cause subpoenaed 13 people to appear in court this Thursday: 11 MSP crime lab employees, one West Michigan Enforcement Team member, and the one prosecutor with the AG’s office. The defense had ordered the named people to show lab reports, communications, and marijuana related forfeitures, all of which would produce important testimony.
However, Assistant Prosecutor Karen Miedema in her motion to quash subpoenas argued whether these people should even testify, and wrote that this would take too much time: citing Lorincz’s preliminary exam last spring, which took three hours to hear two witnesses.
Although Miedema filed this motion Oct. 30, the defense told FOX 17 they just received a phone call Tuesday adjourning Thursday’s evidentiary hearing. The defense plans to file further motions and call for a hearing likely in December.
FOX 17 reached out to the Ottawa County Prosecutor’s office and has not heard back.
Tune into FOX 17 News at 10 p.m. Thursday for an in-depth story into the developing allegations in this case.
Michigan Panel Votes 4-2 In Support Of Cannabis Use For Children With Autism, LARA Director Denies Petition.
Mike Zimmer, the Director of LARA in Michigan, has taken the futures of children and their families into his hands, only to crush them, insult them, and put all of their lives in danger. I was in attendance on July 31st 2015 at the last autism hearing in Lansing when the panel was finally given the chance to make an informed vote of 4-2 in favor of Autism being added to the list of qualifying conditions for medical marijuana.
I held our 4-year-old son Emery affectionately in my arms as I spoke in front of the panel of our experience over the last year and how it has changed us. We are able to give Emery cannabis because of his epilepsy diagnosis. I explained what it has done to reverse his autism impairment, to help him grow and to be happy, and for us to be able to live together in the same home. Before cannabis, we were going to have to live in separate homes on the same farmland together. Emery could not help but attack everyone around him constantly, including his younger siblings. Now, we happily spend entire days together and can hardly imagine the road we were headed down before Emery’s brain was allowed to work the way it is meant to because of cannabis.
We were at the hearing with other friends as well. These friends have been fighting this for over two years. They are parents, family, friends, attorneys, doctors, experts, and other activists. Parents with adult autistic children spoke to the panel as well. These parents have spent decades watching their children suffer as they refill endless bottles of dangerous pharmaceutical medications. They explained that from all of their research and everything they have seen, they believe that cannabis will work. They want to try it.
Parents like Dwight Zahringer have seen that other children using cannabis are not only experiencing changes in behavior and sleep patterns, but are also becoming verbal for the first time. Like every parent, these are things that he wants deeply for his own son, who is mostly non-verbal at the age of three. The original petitioner Lisa Smith’s son Noah, who has been non-verbal his whole life, has just recently started talking at the age of six because of cannabis. Parents caring for children with an autism diagnosis shouldn’t have to wait another day to try a proven safe and effective medicine that is non-toxic and has never caused a death. This is especially true when it’s helping so many people already.
Mike Zimmer denied the petition despite the panel’s recommendation to add it to the qualifying list of conditions.
The panel is specifically designated by LARA to make the decisions regarding new conditions that should qualify for protection under the MMMA. They reviewed over seventy-five peer-reviewed articles with over eight hundred pages of scientific information relating to the paediatric use of cannabis for autism. Parents should be able to choose this medicine for their autistic children. Adults who are suffering should be able to qualify as well. But instead of passing this decision through so that families can finally find relief, healing, and new positive experiences, Mike Zimmer denied it. From the decision:
“This lack of scientific evidence is concerning … the petition fails to acknowledge the direct impact on children… .”
And Lt. Governor Brian Calley, who has an autistic child of his own, weighed in by saying “there are neither sufficient studies nor scientific trials demonstrating its clinical impact to justify approval at this time.”
Maybe what these guys need is over eight hundred pages of information on the dangers of using anti-psychotics, anti-depressants, anti-insomnia, and anti-anxiety medications on children just to help them cope or to control dangerous behaviors.
Zimmer writes that children with autism “without associated seizure disorders” are already eligible under the language of the MMMA. He implies that if there are no seizures, then the autism is not severe, with no clear definition for what severe autism is.
Let’s help him with that: autism is a word with six letters. That’s it. But children with an autism diagnosis, whether it is considered severe or not, have to see doctors to get that diagnosis. And there are reasons for seeing the doctors. Parents can’t just walk into a dispensary and get an autism diagnosis and a medical card. Children with these conditions have a neurologist and sometimes many other doctors that they see regularly to monitor their growth, behaviors, and intelligence. It feels like what Mike Zimmer is really saying is that he doesn’t trust the many compassionate doctors, attorneys, parents, experts, social workers and other professionals who work in this field. These are the people who spend time with autistic children and their families.
They support this petition. Yet, he feels he has the right to make this decision for all of us.
He does not have that right.
He does not have the right to put a time limit on the lives of people or to force parents to separate siblings from each other when they can grow up together as friends, happily and peacefully. He doesn’t have the right to choose the number of children that are allowed to thrive and succeed in this world. In his Final Determination letter, he even makes it a point to rebut the claims that adding autism would cause a minimal increase in participation among minors.
This guy is the head of LARA, the agency that licenses these physicians, and he relies upon the argument that the doctors that we license can’t be trusted and will abuse the system. To follow his logic, his licensed physicians will treat autistic patients who they are not qualified to treat … The solution is that he can regulate this through the physicians and lay down rules and regulations. Instead he shuts it down.
None of this matters, of course. Every child with an autism diagnosis will benefit from using cannabis. This is clearly outlined in all of the peer-reviewed information that was included with the petition even aside from the hundreds, if not thousands, of miraculous stories from all across the country. These are stories of autism impairment being reversed, sometimes seemingly overnight, just from using low doses of cannabis oil or other forms of cannabis. Let’s make sure these people have all the information they need to make this right for us!
THIS IS A CALL FOR ACTION!
California and D.C parents can already treat their children with cannabis for autism. This fight has been going on in Michigan for long enough now that a lot of people far and away are paying attention. When autism is added to the list of qualifying conditions in Michigan, our children will literally become the long-term studies that Mike Zimmer and other opponents of the petition claim that we need to have first.
Please take a few minutes out of your day and call LARA and the Governor’s office, or send out some emails or faxes. It really does mean a lot to everyone who works hard on this. It could make a huge difference in the outcome and aftermath of Zimmer’s final determination letter, which is included in the article. If you have any creative ideas or information that you feel could help, please tell us about it. Some websites that you can contact are listed below. If you have a success story you want to share, feel free to share in the comments below as well. This might be a game to these politicians and profiteers, but these are our lives! We deserve to create them ourselves!
Here is the contact information for Mike Zimmer, Brian Calley, and the Governor’s Office. Please help these guys understand!
Brian Calley
https://www.facebook.com/briancalley
Mike Zimmer
Phone: (517) 373-3286
Email: zimmerm@michigan.gov
Licensing and Regulatory Affairs
P.O. Box 30004
Lansing, MI 48909
Phone: (517) 373-1820
Fax: (517) 373-2129
This is a link to “The Endocannabinoid System as it Relates to Autism” – Joe Stone; Christian Bogner, M.D. Its references list the peer-reviewed scientific articles relating to cannabis in the treatment of autism that were included in the petition to add autism to the list of qualifying conditions to use cannabis in Michigan:
