Aug 1, 2015 | Health Benefits of Marijuana, Medical Marijuana, Medical Marijuana Attorney Michael Komorn, Michigan Medical Marijuana Act, Michigan Medical Marijuana Association, News
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.
Aug 1, 2015 | Blog, News
7/31/15 – This month there was a full moon on July 1 and tonight, the last day of July, there’s another.
A blue moon occurs roughly once every 2.7 years,” according to Space.com
A blue moon, at least according to the modern definition of the term, has nothing to do with color. It simply means a second full moon in the same calendar month.
As NASA explains “Most blue moons appear pale gray and white, just like the moon you’ve seen on any other night.”
A blue moon doesn’t happen very often. The last time was in August 2012 and the next time will be January 2018, so “once in a blue moon” is a phrase still worthy of a rare occurrence..
Even so, “on rare occasions, the moon can turn [the color] blue,” according to NASA . “A truly blue moon usually requires a volcanic eruption. Back in 1883, for example, people saw blue moons almost every night after the Indonesian volcano Krakatoa exploded with a force of a 100-megaton nuclear bomb.”
Photo by DW 7/31/15 10:27pm
Jul 30, 2015 | Michigan Supreme Court
LANSING, MI 7/30/15 — In a decision that could have a far-reaching impact on current and future cases going through the court system, the Michigan Supreme Court ruled Wednesday that the state’s sentencing guidelines that mandate prison terms are unconstitutional, and that judges should use them only in an advisory capacity.
In a 5-2 decision, the court struck down parts of Michigan law around sentencing guidelines and made sentencing guidelines advisory rather than mandatory.
One of the biggest aspects of Wednesday’s ruling is the elimination of mandatory minimum sentencing as determined by sentencing guidelines. Instead of sentencing guidelines determining a minimum length of how long a defendant must stay in prison, it will be up to Michigan judges to decide the minimum amount of a prison sentence range.
“A scheme of mandatory minimum sentencing violates the Sixth Amendment if it constrains the discretion of the sentencing court by compelling an increase in the mandatory minimum sentence beyond that authorized by the jury’s verdict alone,” wrote Justice Bridget Mary McCormack in the majority’s opinion.
The ruling set off a range of reactions, with many prosecutors expressing outrage, while many judges hailed the decision as long overdue.
Oakland County Prosecutor Jessica Cooper predicted the ruling would throw the judicial system into chaos for a while.
“This is going to result in a great deal of disparity in sentencing,” Cooper said. “It’s going to make a mess on both sides of the aisle and that’s not fair to anyone.”
But Oakland County Judge Jim Alexander said that guidelines are supposed to be a road map and not a hard and fast mandate.
“We’re going to have to get used to it. We’re going to have more discretion,” he said. “You can’t get total consistency when you’re dealing with human beings.”
There are more people incarcerated than our neighboring states and it’s costing $2 billion a year.
“Michigan’s sentencing guidelines do so to the extent that the floor of the guidelines range compels a court to impose a mandatory minimum sentence beyond that authorized by the jury’s verdict.”
Sentencing guidelines are a series of variables — made up of the offense for which a defendant is found guilty and the defendant’s past — that help determine the range of time a defendant could serve in prison.
McCormack was joined by Chief Justice Robert P. Young Jr. and Justices Mary Beth Kelly, David Viviano and Richard Bernstein in the majority opinion. Justices Brian Zahra and Stephen J, Markman dissented.
Read the Michigan Supreme Court Opinion
Jul 28, 2015 | Blog, Michigan Medical Marijuana Act, Michigan Medical Marijuana Association, Michigan Medical Marijuana Criminal Defense Attorney Michael Komorn, News
Medical Cannabis Crackdown in Michigan?
7/20/15 – Michigan law enforcement has thrown down the legal gauntlet against at least three medical cannabis dispensaries this month, including two in the Detroit metro area and one in a small town several hours northwest of the city.
In Detroit proper, the dispensary Detroit Medz was raided on July 14, with police seizing a gun and “drugs” and making an arrest, according to Mlive.com.
In Canton, a suburb west of Detroit, three residents who operate a dispensary that was raided in March were charged with felony crimes last week, including conspiracy to deliver marijuana.
In Shelby Township, far to the northwest of Detroit, local and federal law enforcement agents raided the dispensary Advance Medical Supply on July 10. Police conducted at least four searches and seized three vehicles and at least 10 pounds of cannabis.
The raids and criminal charges come just a few months after eight other dispensaries were raided in northern Michigan. They could be a response by the law enforcement community to a resurgence in the state’s MMJ industry.
Some of the raids may have been sparked by dispensaries not verifying the Michigan residency of customers, Mlive.com reported. But given the gray legal area that dispensaries operate in, how law enforcement deals with such businesses is often left to local discretion.
State police raided eight medical cannabis dispensaries in northern Michigan this week, serving 16 search warrants and seizing an untold number of cannabis plants.
Not a single arrest was made, however, even though law enforcement officials said the eight dispensaries are “suspected of selling marijuana illegally.” Police also seized processed marijuana products and “other evidence” from the homes and businesses that were searched.
The dispensaries were all in Otsego County, some in the town of Gaylord, which is more than three hours north of Detroit. Whether or not any criminal charges will be filed will be up to the county prosecutor.
The medical cannabis industry in Michigan has long been in limbo. The state’s Supreme Court ruled two years ago that dispensaries are illegal, but as many as 250 dispensaries still exist in a quasi-legal status, with some getting protection from local communities that approve of MMJ.
It remains to be seen if the eight dispensaries that were raided will reopen. In some other states that have experienced similar raids, targeted dispensaries actually were able to open their doors again.
Jul 26, 2015 | Blog, Criminal Defense Attorney Michael Komorn, News, Uncategorized
July 24, 2015
Dashcam video released this week from a traffic stop shows how a confrontation between a Texas woman and the arresting officer escalated.
Given the circumstances in the aforementioned Sandra Bland case, we wanted to find out what is allowed and not allowed during a traffic stop in Michigan.
Civil rights attorney Julia Kelly says the first thing is to have a valid license, registration, and proof of insurance in your car. “Are you required to give it to them? Yes, no questions asked. Driving in Michigan is a privilege, not a right.”
The officer will likely leave you in your car and check your ID. But, if he or she asks you to get out of the car, Kelly says, you should comply. “If he asks you a lawful command to get out, you should obey those commands to get out of vehicle.”
We also asked former Flint police officer and Grand Rapids Community College assistant professor Jermaine Reese what’s expected of an officer. The driver might be smoking a cigarette, angry that they got a ticket, or using profanity.
“They can do that. They can. The biggest thing is to remain professional. No matter what they choose to call you. I’ve been called everything but a child of God, but your responsibility is that you remain professional.”
In the end, most would agree that there is a level of respect expected from both the driver and the officer. It’s better to argue the legality of the situation in court, rather than have it escalate at the scene.
Question: Do I have to comply if ordered to leave a public area by a police officer?
Answer: If you disobey a police officer’s order to leave, you may be arrested. But is the order legal? It depends on why the officer is asking. If you are disrupting traffic, on private property without permission, or otherwise breaking the law, then the order is legal. But if the officer is requesting that you leave a public space because he or she disagrees with your message, the order is not legal.
There are a multitude of laws regulating public roadways that ensure pedestrian safety and the free flow of traffic. If you break those, police can order you to leave the roadway, but you can congregate legally on the sidewalk.
Q: Can I record video of police?
A: It is legal to openly record on-duty police officers in public spaces. Some state laws may prohibit filming anyone in a public space without their consent, but there is doubt about whether those laws are constitutional. However, an officer may arrest you if you are obstructing an investigation.
Q: Can an officer search me on the street with no warrant when I am not under arrest?
A: There are limited circumstances under which an officer can search someone without a warrant who is not under arrest. They are:
- Voluntary consent. If an officer asks you for permission to search you or your possessions and you voluntarily say yes, the officer has the right to do so.
- Reasonable suspicion. If police have reasonable suspicion that you are engaged in criminal activity, they may stop you briefly. If they have reasonable suspicion that you may be carrying a weapon, they may pat you down for weapons. However, they may not conduct a full search unless they have probable cause to arrest you.
There are other exceptions for when police can search a home or a car and its passengers.
Q: How can a curfew trump my right to assemble and protest?
A: The government has the right to impose curfews in certain emergency situations to protect the lives, safety and property of citizens. However, it is unconstitutional if the curfew is imposed only to prevent a peaceable assembly.
Q: If I’m walking in public and an officer asks to speak to me, do I have to stop?
A: This is considered a voluntary encounter. The officer has the same right to request that you speak to him as any other person would, but you do not have to answer, nor do you have to stop. Ask the officer if you are free to go. If police have reasonable suspicion to believe you are engaged in a crime, they may detain you briefly to investigate.
Sources: Paul D. Butler, professor at Georgetown Law; Daniel J. Haus, attorney; Roger Goldman, professor emeritus at Saint Louis University School of Law; Orin S. Kerr, professor at the George Washington University Law School; Kenneth White, attorney
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