Michigan regulators on Friday, April 15, axed a plan to allow hemp to be synthetically converted to THC, the high-inducing compound in marijuana.
Allowing hemp plants to be converted into oils that produce almost the exact same effects could put those existing producers out of business.
“After receiving a significant amount of public comment regarding safety concerns and the lack of scientific and public health data related to the conversion process outlined in the proposed industrial hemp rules … the Cannabis Regulatory Agency (CRA) has withdrawn this request for rulemaking,” the agency announced Friday.
The decision comes two days after the licensing body was renamed from the Marijuana Regulatory Agency and assumed authority over hemp-derived products. Currently, licensed businesses are permitted to extract THC oil from marijuana.
Michigan Gov. Gretchen Whitmer issued an executive order in February that called for renaming the MRA and assigning it authority over hemp processing for commercial sale. MDARD retains oversight of hemp farming.
Hemp and marijuana are the same plant: cannabis. Except the government defines hemp as cannabis with less than 0.3% THC, the psychoactive compound produced in marijuana at much higher levels. Hemp had been regulated by the Michigan Department of Agriculture and Rural Development (MDARD), and marijuana by Marijuana Regulatory Agency.
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
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Federal law generally prohibits the production, distribution, and possession of marijuana for both medical and recreational purposes. Nonetheless, in recent years, many states have repealed state law criminal prohibitions on some marijuana-related activities, and medical and recreational cannabis businesses now operate openly in some parts of the United States.
In response to the growing disparity between state and federal law, Congress has enacted appropriations legislation prohibiting the Department of Justice (DOJ) from expending appropriated funds to prevent states from implementing their own medical marijuana laws.
Federal courts have interpreted the appropriations rider to prohibit DOJ from bringing criminal drug prosecutions against certain private individuals and entities involved in the state-legal medical marijuana industry, but they have differed as to the scope of conduct the rider shields from prosecution.
This Legal Sidebar first outlines the legal status of marijuana under federal and state law. It then discusses the medical marijuana appropriations rider and analyzes how federal courts have interpreted the provision. The Sidebar closes with key considerations for Congress related to the appropriations rider and the disparity between federal and state marijuana policy more generally.
Federal and State Marijuana Regulation
In recent years, a significant divide has developed between federal and state marijuana law. On the federal side, the Controlled Substances Act (CSA) imposes tringent regulations on the cannabis plant and many of its derivatives. Unless an exception applies, the CSA classifies cannabis and its derivatives as “marihuana.” (The statute uses an archaic spelling; this Sidebar uses the more common spelling, “marijuana.”) Congress classified marijuana as a Schedule I controlled substance when it enacted the CSA, reflecting a legislative determination that the substance has a high potential for abuse, no currently accepted medical use, and “a lack of accepted safety for use … under medical supervision.” Because Congress has made that determination, Schedule I substances may not be dispensed by prescription in compliance with federal law. In contrast, controlled substances in Schedules II through V have accepted medical uses and pose progressively lower risks of abuse and dependence. Unlike substances in Schedule I, those substances may be dispensed by prescription for medical purposes.
Congressional Research Service https://crsreports.congress.gov LSB10694
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
A marijuana recall will proceed in part after a judge denied a testing company’s request for a preliminary injunction for a recall of products tested by one of its labs, but allowed it for the other.
The split decision from Michigan Court of Claims Judge Christopher Murray came Friday after Murray heard more than six hours of testimony Wednesday and Thursday.
Viridis Laboratories, which said the recall affected about 60 to 70 percent of the state’s cannabis products, sued the MRA saying the state was “unjustified, prejudiced and retaliatory.”
A lot of them have lost a lot of money and they’re angry.”
Murray’s opinion Friday said the regulatory agency relied on retesting of product tested at Viridis, which is located in Lansing, but not Viridis North, which is located in Bay City.
“Yet, the recall bulletin expressly states in the first sentence that the MRA ‘has identified inaccurate and/or unreliable results of products tested by safety compliance facilities Viridis North, LLC and Viridis Laboratories, LLC.'” Murray wrote. “As to Viridis North, that does not appear to be accurate, as everyone has agreed that no samples from Veridis (sic) North were included in the random samples re-tested prior to the recall, and which in part led to the recall.”
The Judge blocked the state’s recall as it pertains to Viridis North but allowed it to continue for Viridis as further litigation continues.
The judge acknowledged the Marijuana Regulatory Agency “undoubtedly” believes the recall of both Viridis and Viridis North was necessary to protect the public.
The company applauded the decision in a statement, saying it struck down “approximately half” of the state’s recall.
“While we maintain that the entire recall was completely without merit, we applaud the Court for at least reversing the MRA’s faulty decision to recall products tested at Viridis Bay City,” said Kevin Blair, an attorney with Honigman. “This ill-advised recall has caused irreparable harm not only to Viridis but to growers, retailers and consumers throughout the state.”
After spending his career helping prosecute people for marijuana Greg Michaud now cares how safe the marijuana is to his next generation of client$.
The laboratories claim the recall affected 64,000 pounds of flower valued at retail prices at over $229 million
The state had “immediately implemented actions to comply with the court’s order,” said David Harns, spokesman for the Marijuana Regulatory Agency.
“Public safety concerns are one of the main purposes and duties of the MRA, and undoubtedly it believes the recall of both Viridis and Viridis North was necessary to protect the public,” Murray said in his 13-page opinion and order.
“Due to the ongoing litigation and investigations, we will not be able to comment further beyond what is published on our website,” Harns said.
It’s been said that 18 people complained of “mild allergic reactions” and other health concerns, up to hospitalization, after consuming recalled marijuana from Michigan, a state licensing officials testified last week.
If you need a lawyer that is more experienced than most in regards to cannabis laws, legal issues, licensing and legal defense look no further than this law firm. Yes this is an ad for Komorn Law but just Google the name for yourself and do your own research.
Here’s a list of some documents, videos and news reports.
STATE OF MICHIGAN COURT OF CLAIMS CASE ID 21-000219-MB REGISTER OF ACTIONS
Update to 11/17/21 Notification of Marijuana Product Recall
The Marijuana Regulatory Agency has received an opinion and order from the State of Michigan Court of Claims regarding the November 17, 2021 marijuana product recall.
Pursuant to the Court’s order, effective immediately, the recall “as it pertains to Viridis North, LLC” has been enjoined. The MRA is required to comply with this order.
Therefore, the MRA will release the administrative holds on all products tested by Viridis North, LLC that were included in the recall. This includes any products that have been subsequently retested, regardless of whether those retesting results were passing or failing.
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
The Michigan Poison & Drug Information Center (MiPDC) wants to alert those who use marijuana products of a potentially emerging public health threat
Outside of Michigan, several patients have been treated in emergency rooms for opioid exposure and overdose after patients claimed to have only smoked marijuana. In Connecticut, a sample of one of the marijuana products found at an overdose scene was seized by local law enforcement and tested at a state laboratory.
The sample tested positive for:
Delta-9-Tetrahydrocannabinol (THC, psychoactive component in marijuana)
Marijuana
Fentanyl
Per the Michigan Department of Health and Human Services (MDHHS), there have not yet been any laboratory confirmed cases of marijuana laced with fentanyl in Michigan. However, since June 1 of this year, eight suspected cases of fentanyl-laced marijuana in Michigan have been identified in a review of probable opioid overdose Emergency
Medical Services (EMS) responses, where there were mentions of marijuana being potentially laced (fentanyl, heroin,bunspecified). To date there have not been any reported deaths among the suspected cases.
If you purchase marijuana products, only do so from licensed and reputable sources and vendors. Marijuana users should be cautious when sourcing products and be aware of the symptoms related to opioid use/abuse and the signs of an opioid overdose including:
Fetal exposure to fentanyl can result in fetal opioid dependence and withdrawal, respiratory depression, and abnormal growth and development.
Call 911 immediately if anyone who has used marijuana develops symptoms that may be related to a fentanyl or other opioid exposure. The MiPDC stresses the importance of storing marijuana products out of sight and reach of children. Unintentional and intentional use and misuse of fentanyl can be fatal.
Training for the use of the reversal agent for opioid overdoses, naloxone, is encouraged. Visit the michigan.gov/Opioids for programs and resources near you from MDHHS.
For more information or questions please call us to speak with our certified poison specialists and board-certified toxicologists. Michigan Poison & Drug Information Center 1-800-222-1222 Here to help 24/7
Starting A Cannabis Business Requires Guidance and Legal Support.
Komorn Law has been focused on marijuana legalization for over 25 years and has been involved helping shape the regulations and laws of the new industry Call Our Office 248-357-2550 or Google Komorn Law and do your research.
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
Komorn Law PLLC is proud to announce a victory in a DHHS/CPS matter in Hillsdale County. These cases, involving the removal of children from parents are always the toughest.
This case received some notoriety in the press, because the incident that resulted in the removal of the child, involved allegations of Cannabis use/possession (by only one of the parents) – by a Michigan Medical Marihuana patient-parent.
The crime or incident that caused the removal one could say, was being in Alabama.
The legal basis of removal in Alabama was the arrest for possessing medical marihuana, and not having a safety plan in place, while in Alabama, when they were arrested. ( Despite having a relative available in Alabama available to take temporary custody of the child). Also, and contrary to Michigan Law, the removal proceeding occurred without either parent being present in Court (they were in custody for Marihiana Possession). There was never an opportunity to confront the allegations or the accusers and the Alabama Court made its findings based upon the Alabama police reports.
After 5 months of being run through the Alabama gauntlet of parenting classes and drug education and treatment classes, the Court in Alabama decided to return the child to Michigan. The court felt in Alabama recorded the child be returned to the parents and only if there was a reason otherwise, the child should be returned to the Grandparents. No investigation, home study or even a reason was given by the Michigan CPS why the child wasn’t returned to the parents. No one at CPS contemplated or even considered the basis of the removal from Alabama. The Court in Michigan gave “ Full Faith and Credit to the Alabama decision to remove the child”.
While attempting to argue my point to the court, I couldn’t help but refer to this situation as “Kafkaesque”. (Kafkaesque-characteristic or reminiscent of the oppressive or nightmarish qualities of Franz Kafka’s fictional world. “a Kafkaesque bureaucratic office” especially : having a nightmarishly complex, bizarre, or illogical quality.
The word Kafkaesque is characterized by nightmarish qualities, absurd bureaucracy, and unnecessary and illogical circular reasoning.
When You Need An Attorney – You Need An Attorney ! You can’t just hire anyone – because you only get one chance to get it right. Hire one that will step into the ring take one to the face from the justice system and bounce back up still ready to fight. Hire the team at Komorn Law … because to win… you have to surround yourself with winners.
The reason for the arrest was because a Michigan Medical Marihuana Patient was in Alabama and Cannabis is illegal, and he was arrested.
His wife was present and she also got arrested.
The State of Alabama removed the child because the parents didn’t have a plan in place for when they would be arrested and what to do with the child when they got arrested.
They never got notice of the allegations for the removal of the child
They never got a chance to confront there accusers.
They were never presented with a charging document or a petition setting forth the allegations.
They never were given an opportunity to appear in court to fight the allegations.
They were never provided counsel.
Despite the treatment of this matter by the State of Alabama, the State of Michigan, accepted the findings, holdings and orders of the Court.
No one in the Michigan CPS system or the Courts system questioned the Alabama removal which was based upon an arrest for possessing medical marihuana.
The Michigan Court it turned out is not a proponent of Medical Marihuana.
The Court made references to “studies” that showed “ Bad Parenting” associated with the use of cannabis.
When asked what studies was the court referring to, the Court could not name a study.
The court was adamant when it explained its position and belief that any ( even medical use of Marihiana) cannabis use by parents puts the child in danger.
When reminded that in 2008, more than 3 million Michiganders ( at the time, more votes cast for this issue than any other issue ever, in the history of the voting in the State of Michigan) passed the MMMA, which specifically sets forth protections for parents to use medical marijuana, and when in State Compliance, not be arrest, prosecuted or suffer penalty of any kind. (Section 33326424 (d) A person shall not be denied custody or visitation of a minor for acting in accordance with this act, unless the person’s behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated), the Court was unmoved.
There has never been a CPS case opened in the past regarding these parents.
They have 2 other children currently living in the home, CPS was unmoved or concerned.
The Guardian Ad Litem (GAL), the attorney appointed to represent the child in this matter, (assigned with the sole task of looking out for the best interest of the child) when asked by the Judge, what his recommendation was regarding the placement of the child, stated: I am still unsure why the State of Alabama removed the child, and I am even less clear as to why the State of Michigan continues to support that removal.
I can’t recall a time, in all my years of practicing law, that I was in a situation where the Court was operating under Alabama law while being in a Michigan Court. Worse yet, this Michigan Court was punishing or continuing to punish the parents and the child based upon Alabama law, which all parties and the courtly admitted they knew nothing about.
The Court’s opinion, while important ignored the existing law in Michigan and had personal concerns and beliefs that were contrary to the law in the Michigan.
At no time has there ever been an identified allegation that created an unreasonable danger to the mine or or that was clearly articulated and substantiated.
Despite all of the above, or maybe because of all of the above, today the Court agreed to return the child to the parents, by Wednesday of next week. The Court demanded that prior to returning the child, the Husband and father provide a safety plan for his use of low thc cannabis gummies, just to make sure that the child isn’t effected by his medical use. I am calling it a Victory, or maybe a Kafkaesq Victory. Big shout out to Aly, Steve, Jen, Dan and Jeff Frazier of Komorn Law PLLC, who contributed in this battle.
(6 Days until the Child is returned)
Michigan family fights to get custody of son after out-of-state arrest
RACHEL MCCRARY, ANNA MUCKENFUSS POSTED JUL 18, 2021 0
A Michigan family is fighting to get custody of their son after being arrested out of state for marijuana possession.
What started as a quick trip to pick up her husband, ended up being the court battle of a lifetime for Erika Prock.
Prock lost custody of their son and have yet to get it back.
“It’s been torture, literally torture,” Prock said. “There’s just no communication. It’s a mess.”
In March, Prock drove from her Hillsdale, Michigan residence to pick up her husband from her in-laws in Alabama with her 18-month-old son Braxton.
On the way home they were in Lawrence county, Alabama and were stopped by police.
They were searched and arrested when officers smelled weed and found Prock’s husbands’ pot in the trunk.
“It was four and half ounces, it was like this much, I don’t know if that’s a lot, I don’t smoke,” Prock said.
While marijuana is legal in Michigan, you may not carry more than 2.5 ounces of cannabis at a time, but in Alabama, recreational marijuana is illegal.
Prock said being from Michigan and not a smoker she had no idea on the severity of the crime.
The family said they instantly lost custody of their son and the process to get her son back has been slow.
“The children and parents are the ones suffering when this my son could have been back here in back in April when he was ordered to be transferred back here,” Prock said.
Instead of returning to Michigan, Prock and her husband moved into a tent behind her in-laws’ trailer while they fight allegations in criminal and family court.
“They took Braxton and put him into DHS care, they never asked if we had family. They never asked if there was anyone to come get him, they just took him away,” Prock said.
Prock said police took her to jail for failing a sobriety test, she said the only reason she failed was because she had a sprained ankle. Prock later passed the drug screening.
The good news is that Braxton is finally being transferred home to Michigan on Monday after months of confusion and court hearings.
Prock she wanted to share her story to warn others.
“Because I want to bring awareness to the laws when you cross a different line, how this could happen to anybody,” Prock said.
Alabama’s drug laws are some of the toughest in the nation. One of those laws is Alabama Code – Section 26-15-3.2: Chemical Endangerment of Exposing a Child to an Environment in Which Controlled Substances are Produced or Distributed.
As the name implies, the law was initially created to fight the growing meth problem in parts of Alabama. It was designed to be brought against parents and other parties who are caught operating meth labs in houses where children are present, exposing those children to dangerous chemicals., it is now also used in cases involving otherwise law-abiding parents who are caught in possession of very small amounts of drugs, including prescription drugs.
According to an article from AL.com, women have been more likely to be prosecuted under this law than men. Research also shows that a disproportionate number of the people prosecuted under this law have been pregnant mothers.
The chemical exposure law makes it a class c felony when a person “Knowingly, recklessly, or intentionally causes or permits a child to be exposed to, to ingest or inhale, or to have contact with a controlled substance, chemical substance, or drug paraphernalia.” As such, it carries a sentence of up to 10 years in prison. Note that there need be no evidence of any harm to the child in order to obtain a conviction.
If the child is harmed, the charge can escalate to a higher level felony and carry even more prison time upon conviction.
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
