Komorn Law and First Natural Wellness regarding telemedicine for medical marijuana

Komorn Law and First Natural Wellness regarding telemedicine for medical marijuana

Statement from First Natural Wellness, in conjunction with Komorn Law regarding telemedicine for medical marijuana

ANN ARBOR, Mich., March 19, 2020 /PRNewswire/

Michigan medical marijuana physicians, attorneys, patients, and their caregivers called on Governor Gretchen Whitmer to provide urgent and swift action via an executive order to allow certifying physicians the emergency capabilities to certify patients via telemedicine.

In times of need, communities stand together to defend the weak. Komorn Law, First Natural Wellness, and the Michigan Medical Marijuana Association (MMMA) is comprised of stakeholders and citizens who are urging Governor Whitmer to take the COVID-19 pandemic seriously by allowing physicians to provide telemedicine consultations for patients who need medical cannabis therapy.

The Michigan Medical Marihuana Act (“MMMA”) provides immunities for physicians to recommend medical cannabis, and immunities for patients to engage in the medical use of marijuana. The MMMA, as with other expectations of licensed physicians in Michigan, requires that a bona fide relationship exist between the physician and the patient. In April of 2012 (2012 PA 2012 512) the Legislature in Michigan by a Super Majority vote amended the MMMA (2012 Public Act 512) to specifically define the term “bona fide physician-patient relationship.” The amendment to the MMMA created and defined the term “Bona Fide” as follows:

(a) “Bona fide physician-patient relationship” means a treatment or counseling relationship between a physician and patient in which all of the following are present:


(1) The physician has reviewed the patient’s relevant medical records and completed a full assessment of the patient’s medical history and current medical condition, including a relevant, in-person, medical evaluation of the patient.

Patient-Caregiver-Coalition (see details at end of article)

Said another way, only physicians who interact with medical marijuana patients are required to meet in person and or are precluded from those interactions occurring via telemedicine.

Legislators who lobbied for this face-to-face requirement in the law were simultaneously approving telemedicine visits for insurance reimbursements for almost every other medical visit except medical marijuana consultations.

Many of the 300,000 Medical cannabis patients are the sickest patients in the State. They have some of the most severe conditions for physicians to evaluate, including Cancer, HIV/AIDS, Hep C, Arthritis, and Glaucoma just to name part of the qualifying conditions list. These are the sickest people in the state, and current law mandates that these patients interact with their physicians in person. In light of the COVID-19 pandemic and the State of Emergency our Governor declared for the State of Michigan, we are demanding that our state officials address this issue. This enormous population of medical marijuana patients and their physicians are currently being overlooked and ignored.   Putting aside the unexplained stigma excluding medical marijuana patients and doctors from telemedicine, the existing policy is subjecting an enormous population of sick patients and their physicians to a dangerous and irrational policy, arguably which should never have existed.

Now is the time to urge Governor Gretchen Whitmer to protect all of our citizens, including patients and physicians. Please call Governor Whitmer’s office at 517-373-3400 or 517-335-7858 and urge her to let physicians provide medical marijuana certifications via telemedicine services immediately.

Contacts:

Michael Komorn, Komorn Law
www.KomornLaw.com
248-357-2550

First Natural Wellness, Michigan’s Most Trusted Medical Marijuana Certifications
www.FirstNaturalWellness.com
866-649-9034

MMMA, Michigan Medical Marijuana Association
www.MichiganMedicalMarijuana.org

Source PR Newswire: https://www.prnewswire.com/news-releases/statement-from-first-natural-wellness-in-conjunction-with-komorn-law-regarding-telemedicine-for-medical-marijuana-301026680.html

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‘You can’t cancel Hash Bash’, says organizer after event is postponed

ANN ARBOR, MI – There are mixed messages about whether Ann Arbor’s Hash Bash will happen this year.

Thousands in the cannabis community have gathered throughout the city on the first Saturday of every April since 1972.

And, while a Hash Bash social media message has announced this year’s April 2 celebration will be postponed because it can’t get a permit, “Mr. Hash Bash” plans to smoke it up anyway.

“You can’t cancel Hash Bash,” said Adam L. Brook, who calls himself by the moniker. “I just got off the phone with the Legendary John Sinclair, who will be joining me and others at what Hash Bash was always intended to be…a protest and smoke-in.”

Activist and poet John Sinclair among first to purchase legal recreational marijuana in Michigan, 50 years after his historic arrest

Sinclair, who has protested for marijuana usage for the last five decades, served two years of a 10-year prison sentence between 1969-71 for possession of marijuana that he was accused of giving to an undercover Detroit cop. His case was overturned by the Michigan Supreme Court, and he said he has smoked marijuana everyday since.

The University of Michigan student group that organizes Hash Bash will not get a permit for the event, as the university has disallowed all events of at least 100 people due to the threat of the spread of coronavirus.

“It is with a heavy heart that we must postpone the 49th Hash Bash,” said Nick Zettell, founding board member of MI Legalize. “To protect the health and safety of our participants, we will not be gathering on the Diag this April.

But Brook, Sinclair and the toking traditionalists will still gather by the University of Michigan Diag at “high noon” on April 2, Brook said. (actually 4/4/20)

Read the rest of the story here

Medical Examiner Changes Cause of Death in Warren

Medical Examiner Changes Cause of Death in Warren

Defense attorneys for two of three men charged with manslaughter after a killing in Warren say the case should be dismissed after the Macomb County medical examiner took the rare action to remove homicide as the manner of death.

Medical Examiner Dr. Daniel Spitz initially ruled the death of Kenneth “Kenny” Klingler, 24, of Auburn Hills, as caused by another person.

Review the evidence

After viewing related video of the incident Spitz changed the manner of death in January to “indeterminate.”

Video shows Klinger could have been run over by one vehicle, and possibly as many as three, as he laid on Mound Road in Warren.

 

Attorney Michael Komorn, representing co-defendant Chris Twarowski, agreed charges should be dropped and blamed prosecutors and Warren police officials for initially presenting a “false narrative” of the incident to the public and Klingler’s family.

It’s a huge disservice to the victim’s family by suggesting this false narrative, that they beat him and left him to die,” he said.

Three men remain charged with involuntary manslaughter, punishable by up to 15 years in prison.

“I’m very pleased Dr. Spitz was willing to take a second look at this … and had an honest change of mind,” said Robbie Lang, attorney for defendant Christopher Zehnpfennig. But, “I am just shocked why this case continues and has not been dismissed.”

It’s been unfair to the defendants as they all have had trouble getting jobs while the charges are pending, the attorneys said.

Zehnpfennig and Twarowski, both 23 at the time of the incident, reside in Warren. Their co-defendant is Nathan Thomas Domagalski, 25 at the time, of Hazel Park. The trio’s preliminary examination scheduled for last Friday in 37th District Court in Warren was adjourned after Spitz’s amended report was disclosed.

A new date was set for March 25, 2020.

Read the back story and a lot More Here in the Oakland Press

If you have a case that needs one of the top criminal defense attorney’s in Michigan to help defend your freedom and future. Call Komorn Law 248-357-2550 or visit KomornLaw.com to learn more.

Komorn Law In The News

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Macomb judge allows medical marijuana use on probation

Macomb judge allows medical marijuana use on probation

This is an older article from 2012… but current news and victories are forthcoming. So we like to show the long struggle it’s been to achieve the small steps and sacrifices that have come and gone.

A judge admitted skepticism but is allowing two men convicted of distributing marijuana to continue using the drug for medical purposes.

Dean Ferretti, 38, of Utica; and Kent Currie, 40, of Kimball Township, were sentenced to two years probation Thursday by Judge David Viviano of Macomb County Circuit Court in Mount Clemens.

Originally charged with four counts of delivering or manufacturing more than 45 kilograms of marijuana and operating a drug house, they pleaded guilty to the lesser charges of distribution of marijuana ‘without remuneration’ and attempt to maintain a drug house, in a plea deal.

The men claimed they were growing marijuana in Lenox Township in 2010 under the Medical Marijuana Act. But they possessed more marijuana than allowed.

Viviano ruled both men could continue to use cannabis plant product to address injuries and conditions but warned they could not distribute marijuana even under the MMA.

‘I’m not going to tolerate you spreading marijuana in the community, medical marijuana or otherwise,’ Viviano told Ferretti. ‘I will allow you to continue to use – like I did while you were on bond – with a healthy dose of skepticism.

‘If I ever hear you’re spreading marijuana, you’re going to jail for a year.’

Ferretti’s attorney, Michael Komorn, said his client wouldn’t have broken the law in 2010 ‘if he knew then what he knows now’ about the MMA, which took effect in December 2008.

‘The law was relatively new,’ he said. ‘There’s a lot more guidance now.’

Both men described physical ailments that they said warrant marijuana use. They said they consume extracted marijuana in oil form and take prescription drugs, a situation about which Viviano seemed skeptical.

‘You think you’re going to get better eating pills and (taking) marijuana?’ Viviano said to Currie. ‘It’s hard to understand why you’re taking Vicodin at all.

‘What are you doing to get better?’

ONE FOR THE BOOKS
An historical Macomb County news story involving Attorney Michael Komorn we like to bring back when some fresh news is going to be published regarding similar circumstances. If you have similar circumstances and need a highly experienced and well studied attorney in Michigan marijuana legal issues. Call us 248-357-2550

Read the rest HERE
Defense attorney says drivers should refuse Michigan’s new roadside drug tests

Defense attorney says drivers should refuse Michigan’s new roadside drug tests

 

Defense attorneys say drivers should refuse Michigan’s new roadside drug tests.

 

 

 

Multiple defense attorneys say they would advise that their clients refuse Michigan’s new statewide roadside drug tests.

 

 

 

They’re too untrustworthy, they said.

 

 

 

The penalty for refusing the test is a civil infraction, the fine for which varies by community, but it’s a better option than having unreliable results used to prosecute you in court, said Michael Komorn, a highly experienced drugged- and drunk-driving attorney, who also specializes in marijuana law.

 

 

 

With legalization of recreational marijuana in November 2018 and the opening of retail marijuana shops across the state. The impact of marijuana impaired driving and public safety has heightened.

 

 

 

The usefulness of the saliva swab tests in identification of drug-impaired driving is exactly what state police hope to determine with a second-year long pilot program that kicked off in October 2019.

 

 

 

So you can have your future, family, finances destroyed, be publicly humiliated, lose your job, your future over a pilot program and testing of equipment to fund the court system. Call Komorn Law and fight that BS 248-357-2550

 

 

 

The first year of the pilot program lasted from November 2017 to November 2018 and included 12 police agencies or state police posts in five counties. The second yearlong pilot includes 125 officers, dubbed “drug recognition experts” who are trained to detect drug impairment and administer saliva tests.

 

 

 

To become a drug recognition expert, participating law enforcement must complete 72 hours of classroom study and 40 hours of field training.

 

 

 

In 2018, Michigan State Police data shows 247 drug-involved traffic fatalities, representing about one-quarter of the 974 traffic fatalities that year. In 2010, state police reported 153 drug-involved traffic fatalities, representing about 16% of total traffic deaths. While the drug blamed in those cases wasn’t identified 95 percent of the time, in cases where the drug was included, 70 percent involved marijuana, according to state police.

 

 

 

Read the Rest of The Story Here at MLIVE – There is much more

 

Defense attorneys say drivers should refuse Michigan’s new roadside drug tests

 

Jan 13, 2020
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Michigan’s suspected drunk drivers face blood draws during breathalyzer ‘fraud’ investigation

 

Jan 13, 2020
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New laws, weak cases prompt Michigan attorney general to dismiss marijuana charges

 

Feb 25, 2019
Legal attitudes towards marijuana are changing Michigan. Citing new laws and weak cases, Democratic Attorney General Dana Nessel is dismissing charges against four people in …

 

 

 

 

 

 

Cannabis advocates sue to remove marijuana from controlled substances list in Michigan

 

Jan 23, 2019
The suit targets the state’s Board of Pharmacy. A group of cannabis advocates is suing the state to get it to remove marijuana from the …

 

 

 

 

 

 

Michigan officials grapple with CBD oil regulation

 

Jan 16, 2019
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Jan 09, 2019
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Medical marijuana shortage pushes officials to consider breaking their own rules

 

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Lawyers say it’s an ironic suggestion that could land caregivers in jail. Michigan officials are proposing a solution to a shortage of medical marijuana in …

 

 

 

 

 

 

Adding CBD oil to food and drinks is illegal, Michigan officials say

 

Mar 30, 2019
Officials are advising Michigan residents that food and drinks infused with CBD oil aren’t quite legal yet. “Being decriminalized and being legal are two different …

 

 

 

 

 

 

Medical marijuana shortage will be filled by caregivers

 

Dec 08, 2018
Officials are promising they won’t slap fines on businesses for buying marijuana from caregivers. To keep shelves stocked at licensed medical marijuana shops, state officials …

 

 

 

 

 

 

Roadside drug testing pilot won’t be complete until after November election

 

Sep 25, 2018
The results of a roadside test for marijuana in Michigan won’t be ready before Nov. 6. The results of a roadside drug testing pilot program …

 

 

 

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