Michigan Judges Can’t Stop Medical Marijuana Use By Probationers, Court Rules

By Gus Burns | fburns@mlive.com

Registered patients previously barred from using medical marijuana while on probation may now light up, the state Court of Appeals ruled Thursday.

“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 pattients.

While arguing the medical marijuana probation condition in a lower court, Komorn said an opposing attorney said allowing medical marijuana use by his client was “akin to letting people drink who are on probation for drunk driving.”

“Really,” Komorn said was his incredulous response. “Since when has there been a medical alcohol law?”

The appellate case stems from a June 2019 road-rage incident involving 39-year-old Michael Thue, who eventually pleaded guilty to assault and battery for his role the incident.

His sentence includes a year of probation with a condition that he not use medical marijuana, even though he was a state-registered patient allowed to do so.

Thue fought the bond condition and initially lost. Komorn took the case to the Court of Appeals.

Komorn said he didn’t represent Thue during his criminal case and wouldn’t disclose further details about the initial crime. Thue, who has the molecular structure of cannabis THC and CBD tattooed on his forearms, owns a Traverse City company that produces hemp-derived CBD products for therapeutic use.

“Bottom line is that the court speaks through its opinions and judges are expected to keep up to date on developments like this case,” said Michigan courts spokesman John Nevin, when asked how this will impact existing or future probation conditions. “However, in addition, the Michigan Judicial Institute (the education arm of state Court Administration Office) sends judges regular updates on topics like this. And the State Bar of Michigan provides regular briefings for attorneys.”

Nevin declined to comment on how the opinion might impact bond or parole conditions of a similar nature.

Grand Traverse County Prosecutor Noelle Moeggenberg said there would need to be changes made by the Legislature in order for the appellate ruling to apply to parolees or those free on bond.

“There are no plans to appeal,” Moeggenberg told MLive by email Friday evening. “While the result is problematic, the reasoning of the court is sound.

“For those who are currently on probation and have a current and valid Medical marijuana card, probation cannot be revoked if they are using in compliance with the Michigan Medical Marijuana Act.”

The Full Legal Opinion Is Available Here:

How To Pass A Drug Test For Weed: The Ultimate Guide

A search for “how to pass a drug test” on the web can sometimes feel like an overwhelming mix of information including quick fixes, myths, and, of course, bad advice from strangers.

So what is a stoner (or casual cannabis consumer, or medical patient, for that matter) to do when all you need is a single, reliable option?

If you have to pass a drug test for weed, it is important to understand how drug tests and detoxing works in order to put yourself in the best position to pass. We broke it all down for you here so you don’t have to ask the internet anymore.

How long does weed stay in your system?

Answer:

• Urine Test: 30-45 days (daily consumer)
• Blood Test: 45-60 days
• Hair Test: 90-120 days (daily consumer)
• Saliva Test: 1-7 days (daily consumer)

What factors determine the time window for THC still being in your body?

Answer:

• Body Mass (BMI)
• Metabolism
• Levels of THC in your body

The natural timeline for THC leaving your system is different for everyone, as it is dependent on a number of factors that include age, body mass, metabolism, frequency of exposure, duration of exposure, and the potency of the cannabis consumed.

For most people, it can take as long as 4-6 weeks for traces of THC from cannabis to naturally exit your system from the last point you consumed. Unlike other testable substances, THC is fat-soluble which means it gets stored in your fat cells and organs.

Generally speaking, the less frequent you consume and less body fat you have the lesser amount of time it will take you to cleanse. As you may have guessed, the more frequent and concentrated your consumption is and the higher your body fat levels are will have the opposite effect, making it a longer process to getting THC out that often requires detoxing with a hardcore diet plan.

What types of drug tests are there?

Answer:

• Urine Test: most common method of drug testing
• Hair Test: fastest-growing new method of drug testing
• Blood Test: less common—typically for specialized or sanctioned drug testing
• Saliva Test: least common—typically for government/roadside drug testing

The urine test is by far the most common drug testing method used by employers and drug testing labs due to its convenience and low cost. Hair testing is rising in popularity amongst the government and certain employers with specialized positions because of its unique ability to detect previous drug use far longer than other tests; sometimes as long as several months in the past. Larger companies as well as government agencies will administer a blood test. Saliva tests are generally used for roadside testing. You can always ask which test will be administered so you can be prepared on test day.

How do marijuana drug tests work?

Answer: Cannabis leaves traces of THC in your fat cells that deposit into your bloodstream making those traces detectable by drug tests designed to check your urine, hair, blood, or saliva.

Urine Analysis

Nanograms per milliliter, or ng/mL, is the unit of measurement used in drug tests. The most common urine analysis used is set to detect 50ng/mL or higher of THC in your system. What this means is that you need to have at least 50 nanograms of THC per milliliter of urine for the test to come back positive. This method of testing is the easiest to overcome by flushing your system for the day with a detox drink or permanently with a detox kit.

There are two different types of drug tests for urine analysis. Immunoassay, the most common, is the cheaper of the two options and offers results quickly. Like most things that are fast and cheap, there are a few drawbacks to this method of testing; sometimes immunoassay tests will give a false positive.

If your initial test comes back positive, a second type of test is taken to confirm the result. The gas chromatography/mass spectrometry (GC/MS) test is more expensive and takes more time to get results; however, it is a much more reliable test, rarely giving false positives.

Urine tests can return diluted results which means the test was inconclusive and must be retaken. The test retake usually occurs the next business day which provides additional time to detox. Urine tests can also result in false positives (you are clean but it says you are dirty) and false negatives (you are dirty but it says you are clean) making options for contesting and demanding a re-test potentially valid depending on the drug test.

Hair Test

This is another type of test that employs two tests to confirm a positive result. The first test is the enzyme linked immunosorbent assay (ELISA) and the second test is the aforementioned GC/MS.

For most hair drug tests, the first inch and a half of your hair from your scalp down will be analyzed. The average hair on your scalp grows at the rate of half an inch per month. The inch and a half of hair taken for a drug test will thus be able to detect THC use for around 90 days.

Despite the ability to test further back than a urine test, hair tests are not the best choice for identifying recent cannabis use. This is because it can take up to a week for traces of THC to show up in your hair. Additionally, some medications have been known to produce false positives, so be sure to let the tester know if you are on any prescription or over-the-counter drugs.RelatedDoes CBD show up on a drug test?

Blood Tests

When it comes to identifying recent cannabis use, blood testing is the best option to identify THC in your system. Within a matter of seconds after smoking, THC is detectable in your blood; which is why certain roadside tests can be blood tests under certain circumstances.

If you only took that one puff with a friend, THC can be detectable in your blood for one to seven days; however, heavy users can expect it to remain in their blood for quite a bit longer, and similar to urine it can be detected in your blood for up to two months after you start to abstain.

Mouth Swab Tests

Mouth swabs are becoming more popular because they are quick to administer and provide accurate information concerning recent use; however, they are pretty much only reliable for recent use. Because of this, law enforcement has embraced mouth swabs as a way to determine if someone is operating a vehicle under the influence.

Do these common methods for passing a drug test really work?

Answer:

• Natural Cleanse: can take 30-60 days
• Detox Kits: can flush THC in 5-10 days
• Detox Drinks: can temporarily flush THC the same day for a few hours
• Synthetic Urine: can work but is detectable and risky
• Home Remedies: magical at-home fixes like Niacin, Certo, Vinegar are BOGUS
• Other Urine: pee from your straight edge friend won’t be the right temperature

When it comes to cannabis, detoxing is a process that can take some time. The more days or even weeks you have to detox the better. Unfortunately, not everyone has ample amounts of time.

To help speed up your body’s detoxification process, there are a number of different options, just note that some work better than others. To help you make an informed decision when picking the right option or product for your detoxification needs, check out this primer on the different types of detox solutions available:

Natural Cleanse

Most people can complete a natural cleanse in 30-60 days. It requires you to change your lifestyle as well as your eating habits to make sure that your body is eliminating the THC that is stored in your system.

Everyone detoxes at a different pace. Although, most people can get completely detoxed within a few weeks; and since cannabis is stored in fat cells, heavy daily users have reported it taking over 90 days to test clean of any THC after their last puff.RelatedTips for Taking a Successful Cannabis Tolerance Break

If you are in a situation where you are not able to do a full natural detox, the following options are designed to help people that do not have the luxury of time. These will not completely cleanse; however, they can help you get a negative test result. It is important to note that several states have laws that make it illegal to lie on a drug test. Be sure to check your local laws!

Detox Drinks

Same-day detox drinks can be helpful for stimulating your body’s natural detoxification process; however, they can also be helpful in creating a window in which you can test clean. Just be warned, some detox products can strip urine of the indicators that testers are looking for to ensure the samples are genuine. Remember, for urine tests, your sample needs to be the proper color, the right temperature, have the correct creatinine level, the correct ph level, and contain uric acid.

Detox Kits

A quality detox kit will ensure that THC is absent from your urine sample without stripping it of other indicators. As opposed to same-day detox drinks that will ensure your urine is clean for a few hours, a detox kit will permanently flush your system of traceable THC levels. Generally ranging between five and ten days, detox kits use herbal supplements to assist your body’s natural detoxification process. If you don’t know which type of test you are getting, you might want to check out a full body detox that includes a detox shampoo. You must completely stop consumption during the course of your detox. After the completion of your detox kit and you pass the at-home test kit you will be permanently free of traceable THC levels. This is, of course, until you consume cannabis again.

Synthetic Urine

When it comes to synthetic urine, not having THC is the easy part. Labs are so sophisticated at this point that passing off a non-human source is almost impossible.

Making this sleight of hand even trickier, some tests require that someone monitor you as you produce your sample. Not to mention, walking around with fake pee in your pocket is just, well, gross. Avoid this option.

Home Remedies

Many home remedies, like ingesting cranberry juice, tea, lemon juice, or apple cider vinegar, don’t detox so much as mask THC in your urine (or blood) so that it doesn’t register as strongly as it would normally.

Remember, the only way to truly detox is to give your body the time to do it naturally.

Certain things can help speed up the process—many of which offer great health benefits; however, none of them provide an instantaneous cleanse. These are myths and cannot ensure passing test results.

Trust Quality

Thankfully, there seems to be consensus on one thing when it comes to detoxification—use trustworthy products. It is clear that many of the home remedies are not going to be reliable. If your livelihood depends on a clean test, do you really want to rely on something that produces mixed results?

Instead of taking any risks, go with a product with a proven track record. The cleanse coaches at PassYourTest have been helping people cleanse their systems for 20 years. They are so confident in their formulated cleansers, all their products come with a 100% guarantee. Detox with a proven product leader and be in the best position to pass.

A Michigan Marijuana Dispensary Is Offering A Free Joint To Anyone Who Gets A Covid-19 Vaccine

Last year brought many lows and few highs, but a marijuana dispensary in Michigan is hoping to change that.

© Frank Marra 

The Greenhouse of Walled Lake in Michigan is offering free weed to anyone who gets a Covid-19 vaccine.

To help stem the coronavius pandemic, Greenhouse of Walled Lake is offering free pre-rolled joints to anyone who gets the Covid-19 vaccine.

“We’re all stressed out, but the vaccine is hopefully what’s going to finally end this pandemic, and we just want to reward people who are going ahead of the curve to get the vaccine,” Greenhouse owner Jerry Millen told CNN. “If I can help stop the pandemic in any slightest way, and this is the way I can do it, so be it.”

The “Pot for Shots” promotion is a joint effort with UBaked Cannabis Company, which is providing the pre-rolls. It started on Friday and runs through February.

To get the free weed, all someone has to do is get vaccinated and show up to the dispensary with proof of vaccination.

Millen said he’s considering extending the deadline if not enough people get vaccinated by the end of February to encourage others to take that step so the world “can go back to normal.”

“We support the freedom of choice, everyone chooses what to do, but it’s important people take measures to stop the pandemic by staying home and wearing a mask, or getting a vaccine if they choose to do so,” Millen said. “This is our way of thanking people who do.”

Although it will take more time before enough Americans are vaccinated to end the pandemic, Millen says he’s sure the grass is greener on the other side.

Report calls for new marijuana taxes to help promote minority ownership

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PAUL EGAN, JENNIFER DIXON | DETROIT FREE PRESS

LANSING — An advisory group is recommending new taxes on marijuana sales to raise millions of dollars that would be used to improve diversity and help disadvantaged groups succeed in the industry.

Data collected by the Michigan Marijuana Regulatory Agency in December show that only 3.8% of those with an ownership interest in licensed recreational marijuana businesses in Michigan are Black and only 1.5% are Hispanic or Latino, according to an agency report.

New taxes and new programs are among the recommendations of a Marijuana Regulatory Agency workgroup tasked with helping to increase minority ownership in the industry.  UNDERWORLD111, GETTY IMAGES/ISTOCKPHOTO

The voter-approved Michigan Regulation and Taxation of Marijuana Act of 2018 directed the agency to create 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.”

The agency’s Racial Equity Advisory Workgroup released its recommendations Tuesday aimed at improving access to capital for Black and brown businesses, along with technical, educational and other forms of assistance. Implementing some recommendations would require action by the Legislature.

More: Mayor Mike Duggan lays out process for obtaining recreational marijuana licenses

More: Warren City Council ignores mayor’s veto on marijuana shops

The agency “is committed to making Michigan the model agency in the country, including being a leader on diversity, equity and inclusion in the marijuana industry,” the report said.

Recommendations include:

• Reinstating a 3% excise tax on medical marijuana sales, which was repealed in 2016, and dedicating 30% of the proceeds to a social equity capital Investment program. According to the report, levying such a tax on the $319.3 million in medical marijuana sales in 2020 would have generated close to $9.9 million in tax revenue, with about $3.3 million going to social equity capital investment. Another 25% of the proceeds would go to the host municipality, 30% to the host county, 5% to the sheriff, and 10% to the Michigan Marijuana Medical Research Fund. Medical marijuana sales, legal since 2008, are already subject to the 6% sales tax.
• For recreational marijuana, which has been legal since 2018 and is already subject to a 6% sales tax and a 10% excise tax, creating a new 1.5% tax on transactions between license holders, such as sales between producers and retailers. The report does not say how much the new tax is expected to raise, but 20% of the proceeds would go to the social equity investment fund, with 30% going to the licensee’s host city, 20% to the host county, 20% to the school district, and 10% going to medical marijuana research. Eric Foster, who chaired one of the work group’s subcommittees, said Monday the tax could generate $2 million to $3 million a year in total, but cautioned that was a rough estimate.  
• Using money raised by the new taxes to provide loans or grants to social equity license applicants to help with startup and/or operating costs, as well as workforce training programs and technical assistance.
• Training and partnership programs “for social equity individuals who lack direct financial and professional operational experience to start a licensed business but meet a multitude of key social equity and social economic criteria as an eligible employee to ownership candidate.” In one program, eligible employees would work for large operators committed to assisting with capital and technical requirements for the employee to graduate to owning a marijuana business.
• Integration of recreational marijuana with economic development and land bank agencies “to increase land use access for social equity applicants and allow for economic development programs to be used in the development of social equity marijuana businesses.”
• Reallocate some funding currently used for grants to counties for targeted grants “to increase the presence of Black and brown-owned businesses in the cannabis space, as well as helping brown and Black businesses experience longevity.”
• A crowdfunding platform hosted on the agency’s website to serve as a connection between local investors and local marijuana businesses located in economically disadvantaged communities. Called the Michigan Marijuana Market, the platform would “ultimately boost the likelihood of success for locally owned businesses, which are critical to a community’s economic, social and political vitality,” the report said.
• Requiring larger marijuana companies, as a condition of license renewal, to purchase a certain amount of their supplies and services from disadvantaged companies.
• Training sessions for municipalities to learn about social equity programs and presentations, with bilingual content, to help social equity license applicants understand the steps in licensing and building a marijuana business.
• A new microbusiness license. As with the existing microbusiness license, the growing, processing and sale of recreational marijuana would be allowed under a single license. But the new license would allow 300 plants, up from 150, and allow the microbusiness to both obtain mature plants from licensed growers and use licensed processors. The changes would insulate the microbusinesses from crop failures, ensure continuous supply, increase the range of available products for sale, and reduce capital requirements by making the purchase of processing equipment optional, the report said.

Members of  the work group met Monday with reporters to discuss their recommendations. 

“This is a really, really progressive initiative,” said Barton Morris, a lawyer and chair of one of the work group’s five subcommittees. “It’s going to make Michigan a leader in our industry, throughout the entire country.”

While the chairs of the work group’s subcommittees described their recommendations as innovative and a chance to build wealth and opportunity in communities of color, they also said it is now time to begin the hard work of turning their ideas into reality. 

This is just the beginning, said Tatiana Grant, a subcommittee chair.    

Andrew Brisbo, executive director of the Michigan Marijuana Regulatory Agency, said he will develop a permanent equity and diversity working group to follow through on the recommendations.

The work group, which has met monthly since last July, was composed of state lawmakers, representatives of municipalities with significant minority populations, representatives of minority-focused industry and broader business groups, attorneys with experience in racial disparity and equity issues, and individuals with experience in banking, finance  and real estate.

Contact Paul Egan: 517-372-8660 or pegan@freepress.com. Follow him on Twitter @paulegan4.  Read more on Michigan politics and sign up for our elections newsletter. 

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