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.
June 25, 2021 – Michigan’s Marijuana Regulatory Agency – in conjunction with the Michigan Public Service Commission, the Bureau of Fire Services, the Dept. of Environment, Great Lakes, and Energy, and electric providers in the state of Michigan – today produced and distributed materials to inform Michigan residents growing marijuana in their homes about the best ways to keep themselves, their neighbors, and their community safe while continuing to protect Michigan’s electric grid.
Michigan residents with medical marijuana patient and caregiver registration cards have been able to grow a limited number of marijuana plants in their homes since 2008. After Michigan voters legalized marijuana in 2018, Michigan residents over the age of 21 have also been able to grow up to 12 plants at their home. These developments have resulted in an influx of new residential marijuana grows that have a major impact on Michigan’s electric grid.
Since the energy demand for growing marijuana plants is so intensive – often requiring nonstop grow lights, ventilation systems, and other high-demand equipment – it is essential residential marijuana growers understand the impact the increased energy usage in their homes may have on their safety, the safety of their communities, and the safety of electrical workers and first responders.
A Michigan resident growing 12 plants in a home can increase that home’s energy demand by 2.75 times. Maximizing the 72-plant limit for a medical marijuana caregiver’s residential grow operation could result in energy usage equivalent to the average use of 10.75 houses.
Residential marijuana growers should understand the proper steps to take while planning their grow operation to ensure their safety, as well as the protection of their home and utility equipment. Overloading electrical equipment can create fire hazards and damage electrical equipment, which can also lead to extended power outages in your community.
Growing marijuana in a home is a legal right and it must be done safely and responsibly. Before starting a home grow, individuals should:
become familiar with local rules and ordinances
hire a licensed electrical contractor
contact their local utility to ensure their electrical service is sized appropriately to serve the increased energy demand
When residential growers work together with their electric company, significant damage can be avoided, including:
Unanticipated significant overloading can lead to catastrophic failure of utility and customer-owned equipment. If a significant customer load is added before the energy provider has an opportunity to review and utility equipment is damaged as a result, the customer causing the issue may be held responsible for associated costs of repair. There could be lengthy delays in the restoration of service. The utility must determine what caused the issue, find out what the true load sizes are, and upgrade its equipment to serve it.
In addition to damaging the equipment of the customer that added the significant load, there could be possible damage to property of other customers receiving service from the same transformer. This damage can range from appliances to sensitive electronics, smart TVs, computers and more.
Structural fire dangers are by far the worst-case scenario for marijuana home grows. When circuits are overloaded beyond their rating, it becomes a hazard and the cost associated with this kind of incident is immeasurable as it has the potential to cause death in addition to widespread damage to the electrical system and people’s property.
The Michigan Public Service Commission’s website has important information available for Michigan residents, including:
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.
“This opinion says the law is the law,” said Komorm, who represented the appellant in the case, “and we’re going to make the ruling that the Medical Marijuana Act and the card associated with the patient protect them from … penalty of any kind.”
It’s taken 13 years, but Michigan courts are finally fully recognizing the rights instilled by the 2008 voter-passed Medical Marijuana Act, said Farmington Hills-based defense attorney.
In Komorn’s opinion, although the ruling doesn’t address the issue, the precedent should also apply to parolees or defendants on bond with release conditions that prohibit legal medical marijuana use.
The unanimous ruling issued in writing Thursday by Court of Appeals judges Mark J. Kavanaugh, Deborah A. Servitto and Thomas C. Cameron determined Medical marijuana law “supersedes” contradicting laws empowering judges to limit a wide array legal activity, such as alcohol consumption.
And that’s because of “specific language” in the ballot initiative voters passed prohibits any penalty for compliant use of medical marijuana, Komorn said. Despite that, Komorn said judges frequently, especially in Grand Traverse County where the case arose, impose marijuana probation restrictions on registered patients.
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.
May 19, 2020 – The Marijuana Regulatory Agency (MRA) announced today an expansion of the eligibility criteria to its social equity program, as well as increased benefits, further reduced fees, and enhanced eligibility for certain applicants. Beginning June 1, 2020, this expansion will increase the number of disproportionately impacted communities from 41 to 184 and will make it easier for individuals from those communities to qualify to participate in the program.
Expanded Communities
Section 8 of the Michigan Regulation and Taxation of Marijuana Act (MRTMA) requires the Marijuana Regulatory Agency (MRA) to develop a plan to promote and encourage participation in the marijuana industry by people from communities that have been disproportionately impacted by marijuana prohibition and enforcement and to positively impact those communities.
From the results of last year’s survey and workgroups, the MRA developed a Social Equity Program that identifies communities as eligible using two criteria: marijuana-related convictions and poverty rate.
Currently, communities which have marijuana-related convictions greater than the state median and have 30% or more of the population living below the federal poverty level are identified as disproportionately impacted communities. On June 1, 2020, communities with 20% or more of the population living below the federal poverty level will now qualify. This expansion will result in 184 disproportionately impacted communities. The complete list is available at the end of this document.
Fee Reduction: Eligibility Changes and Expansion
Effective June 1, 2020, applicants will no longer be required to live in a disproportionately impacted community to be eligible for a marijuana-related conviction fee reduction or a caregiver fee reduction. In addition, a 40% fee reduction has been added for applicants who have been convicted of a marijuana-related felony. Below are available fee reductions, effective June 1, 2020: ___________________________________________________________
Residency – 25% fee reduction for residency in a disproportionately impacted community for at least 5 cumulative years of the last 10 years.
Marijuana-Related Conviction – 25% fee reduction for having been convicted of a marijuana-related misdemeanor** OR 40% fee reduction or having been convicted of a marijuana-related felony**
**Excluding distribution of a controlled substance to a minor
Caregiver – 10% fee reduction for registration as a primary caregiver under the Michigan Medical Marijuana Act for at least 2 years between 2008-2017 _______________________________________________________________
Effective June 1, 2020, applicants/licensees who qualify for the maximum fee reduction will now receive a 75% reduction in their application and annual licensing fees. An applicant can meet any of the above criteria and be eligible for the associated fee reduction, regardless of where they reside in Michigan.
Currently, fee reductions last indefinitely so long as the applicant/licensee remains eligible for the fee reductions and operates within a disproportionately impacted community. Beginning June 1, 2020, applicants/licenses may now operate outside of a disproportionately impacted community; if they choose to do so, the fee reductions will expire after the first two years of operation.
Application Assistance, Resources, Employment, and Training
The MRA’s social equity representatives will continue to assist individuals with completing the social equity application, which will allow the MRA to determine if the individual qualifies for participation in the program.
At this time, the social equity team will be providing remote application assistance to qualifying applicants applying for adult-use licenses. This will be available on a one-on-one basis as plans are made for a safe return to in-person sessions.
Later this year the MRA will host a job fair. We are preparing to post job listings on our website and connect qualifying applicants with training resources that will help them develop the skills necessary for employment in the marijuana industry.
List of Communities by County
Allegan: Fennville, Lee Township
Arenac: Alger, Sterling
Barry: Nashville
Bay: Bay City, Midland, Pinconning
Berrien: Benton Harbor, Berrien Spring, Coloma, Eau Claire, Niles, Oronoko Township, Sodus Township, Watervliet
Branch: Bronson, Butler Township, Coldwater, Gilead Township, Quincy, Sherwood, Sherwood Township, Union City
Calhoun: Albion, Battle Creek, Springfield, Tekonsha, Tekonsha Township, Union City
Cass: Cassopolis, Dowagiac, Edwardsburg, Lagrange Township, Marcellus, Vandalia
Eaton: Charlotte, Vermontville
Emmet: McKinley Township, Wawatam Township
Genesee: Clio, Flint, Flint Township, Mt. Morris, Mt. Morris Township
Gratiot: Alma, Bethany Township, Breckenridge, Fulton Township, Perrinton, Seville Township, Wheeler Township
Hillsdale: Montgomery
Ingham: East Lansing, Lansing
Ionia: Ionia, Muir, Orleans Township, Ronald Township
Isabella: Coldwater Township, Fremont Township, Mt. Pleasant, Shepherd
Jackson: Hanover, Jackson, Springport
Kalamazoo: Galesburg, Kalamazoo
Kent: Cedar Springs, Grand Rapids
Lapeer: Clifford, Columbiaville, Imlay City, Lapeer
Lenawee: Adrian, Morenci
Macomb: Center Line, Mt. Clemens
Mecosta: Aetna Township, Barryton, Big Rapids, Deerfield Township, Fork Township, Mecosta, Millbrook Township, Morley, Sheridan Township, Stanwood, Wheatland Township
Monroe: Luna Pier
Montcalm: Carson City, Crystal Township, Edmore, Greenville, Home Township, Howard City, Lakeview, McBride, Pierson, Stanton
Muskegon: Holton Township, Muskegon, Muskegon Heights, Twin Lake
Newaygo: Beaver Township, Big Prairie Township, Bridgeton Township, Denver Township, Fremont, Grant, Hesperia, Lilley Township, Merrill Township, Newaygo, Troy Township, White Cloud, Wilcox Township
Oakland: Hazel Park, Pontiac, Royal Oak Township
Ogemaw: Horton Township, Prescott, Richland Township, Rose City, West Branch
Ottawa: Allendale Township
Roscommon: Higgins Township, Richfield Township, Roscommon, Roscommon Township, St. Helen
Saginaw: Bridgeport Township, Carrollton Township, Chapin Township, Chesaning, Kochville Township, Marion Township, Saginaw, Spaulding Township
Shiawassee: Owosso
St. Clair: Port Huron
St. Joseph: Sturgis, Sturgis Township, Three Rivers, White Pigeon Township
Tuscola: Akron, Caro, Dayton Township, Gagetown, Gilford Township, Kingston, Koylton Township, Mayville, Vassar, Vassar Township
Van Buren: Arlington Township, Bangor Township, Bloomingdale, Breedsville, Columbia Township, Covert Township, Decatur, Decatur Township, Hartford, Keeler Township, Lawrence, Mattawan, Paw Paw, South Haven
Washtenaw: Ann Arbor, Ypsilanti
Wayne: Dearborn, Detroit, Ecorse, Hamtramck, Highland Park, Inkster, Melvindale, River Rouge, Wayne
Wexford: Antioch Township, Cadillac, Colfax Township, Mesick, Slagle Township
