Michigan Medical MJ Cardholders Can Now Smoke on Probation
decision as to whether a medical marijuana patient can continue to use cannabis while on probation. Since the passing of the MMMA in 2008, disputes of whether a probationer could use pot if they had a card had been arbitrarily decided by the sentencing judge and the probation officer. This confusion is now cleared thanks to the bravery of Micheal Thue of Center of Compassion in Traverse City, with the help of Komorn Law, who fought for and won Thue’s case in the court of appeals. Attorneys Allen Peisner, Legal scholar, and Alyssa McCormick, drafter of the brief for the case, who work for the Komorn Law Firm, explained how Micheal Komorn “set-up the pins” for the team’s victory. Now everyone on probation with a legitimate medical marijuana card should be able to give the probation department the finger and light up. When asked about whether the prongs of establishing a bona-fide patient doctor relationship will be further tested, the godfather of cannabis law reform Tim Beck said, “ I doubt it. If a probation officer wants to find a way to further punish someone under their supervision they will just find another way. I think this case is closed”
2021 Cannabis Law Firm of the Year Award: Komorn Law
Michigan Marijuana Report recognizes Komorn law for their profound impact on cannabis law reform through the court system, and their dedication. Komorn law specializes in criminal defense and cannabis business services.
Flushing Township Aims at Crime, Hits Caregiver Rights
Clio Cultivation owner Buddy Dalton, who has spearheaded the effort to prevent these laws from passing, spoke at length with the board. He informed the MM Report that after his conversation he believes there is a way to help mitigate crime related to outdoor grows without taking such extreme measures, as long as the board is willing to listen to the people.
To participate in the upcoming meeting on March 11th at 7:00 pm, use Zoom meeting ID: 84604022203 Password: 150294
Sam Pernick the Man of Mystery Connected to 18 Petition Drives in MI
Michigan - Not new to the scene, Sam Pernick, aka Pernick the Progressive, made the news last month for being the treasurer of multiple local ballot initiatives, designed to allow these local communities to “opt-in” for marijuana facilities. In order for a state licensed marijuana facility, like a grow, dispensary, or a processing center can operate the municipality must pass an ordinance which usually also requires a zoning ordinance. Sam Pernick has worked on several campaigns including MI Legalize 2017, Danna Nessel 2018, Lorrenes 2014, Kumar 2016.
Pernick explains, “There are lots of people that wanted it in their community. We had some volunteers. We are looking at doing more. These citizen initiatives are being treated poorly by the municipalities, clerks and judges who didn’t cooperate with the will of the people. Some people are more concerned with technical issues, then what the people want. City attorneys get paid lots of money to keep these off the ballot.”
The “opt-in” petitions were successful at getting three initiatives on the ballot and passed last November, a difficult feat, and an impressive effort by Pernick, placing him in the elite club of successful cannabis law reformers.
Detroit Legacy Program Challenged as Unconstitutional
“Because Defendant has decided to cap the number of licenses available for adult-use retail establishments, it has set up a competitive licensing scheme… unlike any other in the state.” this according to her attorney. Detroit will only allow 75 licenses, with no less than 50% being awarded to Detroit legacy qualifiers. However, Detroit Legacy applicants can exceed 50% of the total. The brief continues, “It further provides that City shall not issue a license for an adult-use legal establishment if such issuance would cause the number of licenses held by Detroit legacy licensees to be less than 50% of the total licenses for this category. Thus, Detroit legacy applicants can compete for 75 licenses, whereas applicants without Detroit legacy status can only compete for a potential maximum of 37 licenses, a number that will shrink depending on how many Detroit legacy applicants succeed in obtaining licenses.”
Detroit legacy applicants were given a six week window to apply, ending March 12th, and were required to submit forms to the Office of Civil Rights, Inclusion, and Opportunity. So far 180 certifications have been issued. They also receive a 99% discount on licensing in year one, and 75% in 2022, as well as a 75% discount on city-owned land. The review process will begin for legacy applicants on May 1, pre-existing license holders on June 16, and all others on Aug 1.
Because Lowe lived in River Rouge for a time, and then Georgia for a time, she only has 11 consecutive years in Detroit, and therefore is excluded from being a Detroit legacy applicant. Her case contends that the program violates a commerce clause in the U.S. Consititution. She believes there is no chance of her receiving a license, with 180+ applicants being reviewed months before her application.
The ordinance in Detroit was written so that if any aspect is removed the entire ordinance is revoked. If it is ruled unconstitutional in any way, no licenses will be issued in Detroit. Whether or not this ‘my unconstitutional way or the highway for everyone’ form of governing will win out over the U.S. Constitution remains to be seen, but this case could have huge implications for the future of the marijuana industry in Detroit.
