New Michigan marijuana director hints at plans to go after black market marijuana

New Michigan marijuana director hints at plans to go after black market marijuana

One thing is clear: Michigan marijuana regulators intend to increase enforcement to eradicate black-market marijuana making its way to the licensed commercial market and the new Michigan marijuana director hints at plans to go after black market marijuana

Gov. Gretchen Whitmer’s placement of Brian Hanna, a former Cannabis Regulatory Agency (CRA) inspector and Michigan state police analyst, as the agency’s “acting” director, hints at a new, stricter approach by the agency.

Hanna confirmed that during a meeting with members of the media at a roundtable in Lansing on Tuesday, Oct. 25, although he was at times vague.

“I can’t talk about open investigations,” Hanna said when asked about the size of the illicit market that’s infiltrating the licensed industry and for examples. “I would say, stay tuned.”

Brian Hanna

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Super potent weed spurs distrust in Michigan marijuana industry

Super potent weed spurs distrust in Michigan marijuana industry

In case you missed it…

The validity of results issued by marijuana safety labs in Michigan and across the nation have been called into question. There are allegations of labs intentionally issuing higher THC potency test results — which makes the marijuana more valuable to retailers — and passing product that should have failed for reasons, such as, over-limit amounts of yeast and mold or the presence of potentially dangerous pathogens. like aspergillus.

Marijuana producers are the labs’ customers, so issuing low THC results or failing product may result in the loss of revenue for the lab.

The CRA is currently tied up in litigation with one of the state’s largest lab operators, Viridis Laboratories, which is founded by former state police and operates locations in Bay City and Lansing.

The CRA on Nov. 17, 2021, issued a recall on any product tested by Viridis. A state Court of Claims judge subsequently overturned a large portion of the recall that Viridis CEO Greg Michaud called “baseless, meritless and totally detached from science, facts and data.”

Public complaints issued against Viridis by the CRA called into question the validity of Viridis THC tests results and accused the lab of using testing techniques that have never been approved by the CRA.

When asked how the lab is allowed to use unapproved tests, Hanna said: “It’s a good question. We have pending litigation, so we can’t comment on pending litigation that’s in process right now. We’re aware of the concerns.”

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More than 3,000 cases may have been impacted by inaccuracy of MSP’s marijuana testing

More than 3,000 cases may have been impacted by inaccuracy of MSP’s marijuana testing

WXYZ ABC Report 8/31/22

(WXYZ)  — The Michigan State Police say more than three thousand cases involving alleged marijuana impairment could have been false positives. Last week, the MSP Forensic Science Division announced they were halting all testing of marijuana drug samples due to the possibility that the tests were positive for CBD, rather than just THC. The state police warned prosecutors not to rely on the THC toxicology results until they could learn more about the alleged problems in the testing.

THC is the psychoactive compound in marijuana. CBD is a chemical found in marijuana that does not produce a high, and CBD has not been considered a controlled substance in Michigan since March 28, 2019.

In a letter sent to prosecutors across the state today, MSP Forensic Science Division Director Jeffrey Nye said approximately 3,250 THC cases since March 28, 2019 could be impacted. The cases identified have an “alleged violation [that] is based on the finding of THC alone and there is insufficient evidence of impairment, intoxication or recent use of marihuana to otherwise support the charged offense.”

According to Nye’s letter, the identified 3,250 cases “did not have other drugs within the scope of analysis and/or alcohol detected above the 0.08% legal threshold.

Read The Rest Here at WXYZ

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Komorn Law has been the leading law firm bringing awareness to the public about alleged lab scandals they come across or uncover through client representation. If you need your case reviewed or you have a current charge regarding anything to do with marijuana there is no better versed or more knowledgeable than Attorney Michal Komorn.

From Michigan.gov

Official Statement: State Police Halts THC Toxicology Testing and Takes Steps to Ensure Transparency, Accuracy After Technical Issue with CBD

August 31, 2022

Statement by Col. Joe Gasper, Director

The Michigan State Police Forensic Science Division (MSP/FSD) is committed to providing the highest standard of forensic services to the criminal justice community. The MSP/FSD is accredited in toxicology and analyzes approximately 20,000 samples annually for the presence of alcohol and/or drugs pursuant to a forensic examination request. The men and women who work in the MSP/FSD strive to provide laboratory testing services that are timely, transparent, and scientifically accurate.  

The MSP/FSD has halted all THC toxicology testing due to a technical issue in which samples containing Cannabidiol, commonly known as CBD, may be converted to Tetrahydrocannabinol, commonly known as THC, during the testing process, leading to potentially inaccurate test results. 

CBD, which is structurally similar to THC, was illegal in Michigan until March 28, 2019. Since that date, however, CBD, which is reported to have no psychoactive properties, has been legal under Michigan law.

When the issue first came to our attention on August 19, 2022, the MSP/FSD immediately launched a significant evaluation of our testing process. The evaluation found the laboratory confirmatory method in use may cause 1) THC to be identified when the sample contains THC, 2) THC to be identified when the sample contains a combination of THC and CBD, or 3) THC to be identified when the sample contains CBD alone.  

Upon this discovery, the MSP/FSD immediately halted the processing of samples using the current THC confirmation test. Notification was also made to the Prosecuting Attorneys Association of Michigan on August 25, 2022, for dissemination to prosecutors statewide to prevent these reports from being used in any current or pending court cases. 

After further review, we now believe this discrepancy may impact cases that occurred on or after March 28, 2019, where the alleged violation is based on the finding of THC alone and there is insufficient evidence of impairment, intoxication, or recent use of marijuana to otherwise support the charged offense. 

Laboratory data indicates there are approximately 3,250 laboratory reports that may be impacted. These are reports in which there was a THC-confirmed result without other drugs present or alcohol detected above the 0.08% blood alcohol content legal threshold. These individual cases are being identified and will be shared with the prosecuting attorney of record for further investigation as to any potential impact to the individual involved.

In addition to temporarily halting testing of THC samples and disclosing the issue to prosecutors, the MSP/FSD has taken the following action steps:

  • Reported the issue to our accrediting body, ANSI National Accreditation Board (ANAB), and requested they conduct an independent review.
  • Temporarily halted the disposal of blood samples to preserve this evidence should re-analysis be required.
  • Started validating a new cannabinoid confirmatory method that will be able to distinguish CBD from THC. This method will be validated before being put into use to ensure similar issues with drug interference will not happen in the future.
  • Started the process to establish a contract with a private, accredited laboratory for processing THC samples in the interim before the new method is validated.

The MSP/FSD remains committed to providing the highest standard of forensic services to the criminal justice community. We have demonstrated this commitment through accreditation to ISO/IEC 17025 International Standards and voluntarily incorporating forensic standards from the National Institute of Standards and Technology (NIST) Organization of Scientific Area Committees (OSAC) into our laboratory management system, among other efforts. The MSP/FSD continues to strive to be timely, transparent and ethical in our response to this emerging technical issue.

Letter To “Criminal Justice” Partners

Michigan-State-Police-Letter Release
Michigan-State-Police-Letter Release
Michigan-State-Police-Letter Release – Page 2

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Roe v. Wade overturned

Roe v. Wade overturned

Supreme Court overturns Roe v. Wade, leaving abortion questions for millions in Michigan

June 24, 2022

Millions of Michiganders lost the national right to legal abortions Friday after the U.S. Supreme Court overruled Roe v. Wade, upending nearly 50 years of judicial precedent and changing the dynamics of reproductive health in the country for years to come.  

While abortions are still legal in Michigan, that could change any moment if a temporary injunction blocking the enforcement of a state ban is lifted or otherwise removed.

The 6-3 decision in Dobbs v. Jackson Women’s Health obliterates the seminal case that legalized abortion nationally in 1973, Roe v. Wade. In theory, that would mean Michigan’s law criminalizing most abortions is again enforceable: a 1931 statute only allows abortions “necessary to preserve the life of such woman,” a vague standard left untested by doctors and the courts for decades. The law on Michigan’s books does not allow exceptions for cases of rape or incest.  

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Michigan AG Dana Nessel calls overturning Roe v. Wade ‘dangerous precedent”

Michigan Attorney General Dana Nessel on Friday slammed the U.S. Supreme Court’s choice to overturn Roe v. Wade, saying it creates “extraordinary upheaval in the American legal system” and puts other rights at risk. 

A temporary injunction is all that keeps abortion legal in the state of Michigan after the U.S. Supreme Court on Friday overruled the nearly 50-year-old landmark Roe v. Wade decision that affirmed a constitutional right to abortion. 

The court, in a 6-3 decision in Dobbs v. Jackson Women’s Health, threw the decision of abortion’s legality back to the states. In the Great Lakes state, that means a fierce battle, as an anti-abortion law is already on the books in the form of a 1931 statute that only allows abortions “necessary to preserve the life of such woman.” It does not allow exceptions for cases of rape or incest.  

Lawsuits filed before the ruling by Gov. Gretchen Whitmer and Planned Parenthood have sought to keep the statute from being enforced and ask courts to find the right to abortion in Michigan’s Constitution. 

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Whitmer speaks out on Roe’s demise 

Savit wasn’t the only one to offer thoughts on the ruling Friday. 

Whitmer, on her personal and professional Twitter accounts, said she will continue to fight the 1931 ban. She called the news Friday “devastating.”

“Women and families should be the ones making decisions about if and when they want to become parents,” she said. “Not politicians. End of story.”

She also issued a statement saying the ruling was made by “an unelected group of conservative judges” and that it doesn’t follow medical expertise. 

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Roe v. Wade ruling: Biden calls abortion decision ‘an extreme and dangerous path’

WASHINGTON – President (I did that) Joe Biden said Friday that “it’s a sad day for the court and the country” after the Supreme Court overturned Roe v. Wade, the landmark 1973 decision that legalized abortion nationwide. But it’s a great day for November?

“Now with Roe gone, let’s be very clear, the health and life of women across this nation are now at risk,” he said from the White House.

He added that “the court has done what it’s never done before — expressly taking away a constitution right that is so fundamental to so many Americans,” he said.

“It just stuns me,” Biden said. “This is a sad day for the country in my view, but it does not mean the fight is over.”

Biden called on Congress to make abortion protections federal law and told voters that “this fall, Roe is on the ballot.”

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Supreme Court overturns Roe v. Wade; abortion bans anticipated in several states

WASHINGTON – The U.S. Supreme Court has overturned the landmark 1973 Roe v. Wade case that legalized abortion nationwide, letting the states have the final say, according to the final opinion that was previously leaked but finally issued Friday.

The ruling on a case known as Dobbs v. Jackson Women’s Health Organization sets in motion a series of events that will likely lead to abortion being banned or severely restricted in roughly half of the 50 states. 

Dobbs v. Jackson Women’s Health Organization challenged the constitutionality of a Mississippi bill that banned abortion after 15 weeks. 

Conservative justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett agreed with the opinion’s author, Samuel Alito, to overturn both Roe v. Wade and a 1992 decision, Planned Parenthood v. Casey, that affirmed Roe’s finding of a constitutional right to abortions.

“We therefore hold that the Constitution does not confer a right to abortion. Roe and Casey must be overruled, and the authority to regulate abortion must be returned to the people and their elected representatives,” Alito wrote, in an opinion that was very similar to the leaked draft.

Authority to regulate abortion rests with the political branches, not the courts, Alito wrote.

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What Supreme Court’s Abortion Ruling Means For Michigan

Abortions remain legal in Michigan following a Friday U.S. Supreme Court decision striking down Roe v. Wade, but the future is uncertain.

A court injuction prevents a dormant abortion ban from 1931 from going into effect and Attorney General Dana Nessel and prosecutors in the state’s most populous counties have said they have no plans to enforce a potential ban. Nessel reiterated that intention in a Friday statement issued following the ruling.

A petition drive is underway for a November ballot measure that would enshrine a right to abortion in the state constitution.

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Biden vows abortion fight, assails ‘extreme’ court ruling

WASHINGTON (AP) — President Joe Biden said Friday he would try to preserve access to abortion after the Supreme Court overturned Roe v. Wade, and he called on Americans to elect more Democrats who would safeguard rights upended by the court’s decision. “This is not over,” he declared.

“Let’s be very clear, the health and life of women across this nation are now at risk,” he said from the White House on what he called “a sad day for the court and the country.”

Biden added that “the court has done what it’s never done before — expressly taking away a constitutional right that is so fundamental to so many Americans.”

Republicans and conservative leaders celebrated the culmination of a decades-long campaign to undo the nationwide legalization of abortion that began with Roe v. Wade in 1973.

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CBP Enforcement Statistics Fiscal Year 2022

U.S. Customs and Border Protection is the nation’s largest federal law enforcement agency charged with securing the nation’s borders and facilitating international travel and trade. Our top priority is to keep terrorists and their weapons from entering the United States.

Read The Report

Fentanyl Seizures in First Five Months of 2022 Surpass all of 2021

Law enforcement partners across Colorado announced they have already seized more illicit fentanyl in the first five months of 2022 than they did in all of last year.  In a press conference at the headquarters for the Colorado State Patrol in Golden, law enforcement officials presented data from the Rocky Mountain High Intensity Drug Trafficking Area showing that more than 2 million dosage units of fentanyl were removed from Colorado communities so far this year. 

“We appreciate the work law enforcement is doing to take this deadly poison off our streets. We also need the help of the public in ending the demand for it. It is risky to take any drug not prescribed by a doctor and obtained from a pharmacy,” warned U.S. Attorney Cole Finegan.

“Presently the Patrol’s Interdiction Section has seized more fentanyl in the first five months of 2022 than all of 2021,” stated Col. Matthew C. Packard, chief of the Colorado State Patrol. “While I would love to tell you that our troopers have eliminated the threat of this deadly drug, what we remove is a drop in the ocean. It’s cheap, it’s everywhere, including a strong counterfeit market where people think they are taking other forms of pills. If you have a loved one struggling with any form of drug abuse, get them help.”  

One Pill Can Kill

  • DEA Reveals Criminal Drug Networks Are Flooding the U.S. with Deadly Fentanyl
  • Drug overdose deaths top 100,000 annually for the first time, driven by fentanyl, CDC data show
  • Fentanyl is now the leading cause of death for Americans between the ages of 18 and 45.
  • Our border with Mexico is a wide-open thoroughfare, with the CCP and drug cartels bringing across.

13-year-old overdosing and dying recently in Hartford, after bringing 40 bags of fentanyl into school. 

As he lay dying in a hospital, police required all his classmates to walk through a solution of bleach and OxyClean—before they could leave school—to neutralize potential exposure and ensure they weren’t transferring deadly traces outside. School remained closed for a week to cleanse the remaining remnants of the fentanyl stash found in multiple classrooms and the gymnasium. 

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Michigan blocks sale of marijuana products worth millions without explanation

Michigan blocks sale of marijuana products worth millions without explanation

Troy Boquette, the general manager of Freddie’s Joint, a marijuana shop in Clio, arrived to work Friday, April 15, to learn the THC-infused blue-raspberry gummies his store bought the day prior were placed on hold by the state licensing agency.

By noon, other flavors were added to the list. The gummies came from a licensed marijuana processor named Sky Labs in Mount Morris, a company that specializes in making edibles. As he was speaking to an MLive reporter, Boquette noticed additional vaping products sold under a brand sometimes produced by Sky Labs, had also been placed on hold by the Cannabis Regulatory Agency, formerly the Marijuana Regulatory Agency, renamed by executive order this week.

“This is not something that we would even be able to comment on,” Cannabis Regulators Agency (CRA) spokesman David Harns said when contacted by phone Friday. “We can’t acknowledge or confirm an investigation” is underway. “I can’t discuss this topic with you.”

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