Allegations: Msp Falsely Reporting Marijuana, Targeting Card-Carrying Patients

[t-pain]

http://fox17online.com/2015/10/28/allegations-michigan-state-police-crime-labs-falsely-reporting-marijuana-creating-felonies-against-card-carrying-patients/

 

Posted 7:45 PM, October 28, 2015, by Dana Chicklas

 

OTTAWA COUNTY, Mich. – The defense representing a Spring Lake father facing a felony marijuana charge is accusing Michigan State Police Forensic Science Division crime labs of misreporting marijuana intentionally. It’s an allegation with statewide implications.

 

FOX 17 first reported Max Lorincz’s case in February: he’s a father and medical marijuana card carrying patient. He was charged with felony possession of synthetic Tetrahydrocannabinol (THC) for having a smear amount of butane hash oil (BHO).

 

“If nobody stands up for this and it just keeps going the way it is, how many more people are going to get thrown under the bus just for using their prescribed medicine?” said Lorincz. “It’s just ridiculous.”

 

Lorincz said BHO, which is made from marijuana resins, is a prescription he uses for debilitating pain. On an unrelated medical emergency call for his wife, law enforcement found a smear of BHO in his family’s home. Now, in part as a result of his charges, Lorincz has lost custody of his six-year-old son, reducing him to supervised public visits for the past months.

 

After FOX 17 reported his case, attorney Michael Komorn, with Komorn Law, PLLC, took Lorincz’s case on pro bono. Finding a major development, Komorn said MSP crime labs, along with the Attorney General’s office and the Prosecuting Attorneys Association of Michigan, changed crime lab reporting policies for reporting marijuana back in 2013.

 

Based on documents and emails received through the Freedom of Information Act, Komorn said state laboratories are falsely reporting marijuana as synthetic THC, essentially turning a misdemeanor charge into a felony.

 

"What is unique about this case is that they [the prosecution] are relying on the lab to report these substances so that they can escalate these crimes from misdemeanors to felonies,” said Komorn.

 

First charged with misdemeanor marijuana possession, Lorincz refused to plead guilty because again, he is a medical marijuana card-carrying patient. According to the Michigan Medical Marijuana Act, this charge can be dropped through section 4 or 8 immunity.

 

However, the Ottawa County prosecutor moved forward and charged Lorincz with felony synthetic THC possession, according to the state lab report results from his BHO.

 

According to Lorincz’s crime lab report, technicians deemed his BHO to be "residue, delta-1-Tetrahydrocannabinol, schedule 1," then the phrase, “origin unknown.”

 

The state lab scientist testified in an earlier April preliminary exam that they could not determine whether Lorincz’s BHO was natural or synthetic. However, the prosecution charged him with felony synthetic THC possession.

 

"When you have a laboratory that is looking at a substance and reporting it in a way that makes it a schedule 1 instead of the marijuana they know it is, it's creating a crime,” said Komorn.

 

“This is a lie. We have emails within the state laboratory communications indicating this: that they know it's unlikely, more than unlikely near an impossible, that the patients and caregivers are in a laboratory synthesizing THC. It's not happening, yet they report it as such,” Komorn said.

 

Komorn filed motions in Ottawa County Circuit Court in this case earlier this week: his firm is stating that the crime labs and prosecution are reporting "bogus crimes," turning crime labs into a "crime factory." He stands firm that the prosecution has no credible evidence to charge or convict Lorincz, especially since the state lab scientist testified they cannot prove the substance to be natural or synthetic.

 

"The lab as far as I'm concerned has lost its integrity,” said Komorn.

 

“You can't play around with this type of thing and make stuff up and create crimes and be influenced by what the prosecutors want you to do and then come to court, take an oath, and expect to be received as an expert in forensic science. You've lost that."

 

FOX 17 also reached out to Michigan State Police for comment. The MSP public affairs department for the office of the director released this statement to FOX 17:

 

“The ultimate decision on what to charge an individual with rests with the prosecutor. The role of the laboratory is to determine whether marihuana or THC are present. Michigan state police laboratory policy was changed to include the statement “origin unknown” when it is not possible to determine if THC originates from a plant (marihuana) or synthetic means. This change makes it clear that the source of the THC should not be assumed from the lab results.”

 

The motions filed in court are calling for an evidentiary hearing Nov. 5.

 

Stay with FOX 17 for continued coverage, as well as possible implications for many other cases statewide.

[garyfisher]

ftp

[solabeirtan]

Kudos to Mr Komorn! Thanks for going to bat for this unfortunate soul as well as the rest of the Legal, Licensed, Medical Cannabis Consumers of Michigan. Best of Luck trying to straighten out these rogue rats.   Almost inconceivable the lengths they will travel to twist the law.  

 

I think things like this are as much to blame for  people loosing faith in their local government and its 'elected officials' as some of their  other memorable lapses in sound judgement.  Like declaring the state that did much to support the unions, a "right to work state". And  after voters rejected his Emerg.Mgt program in 2012, the MI Legislature re-instated it a few weeks later. Poisoning the people in the 7th largest city in the state didn't help their case much either.  Needless to say their continuing efforts to thwart the implementation of our MMP, evidenced here as one of their more insane attempts to block the  peoples choice is not going to improve their lot. 

 

ps. renewing my subscription,  just to show a little support.   

[bobandtorey]

Kudos to Mr Komorn! Thanks for going to bat for this unfortunate soul as well as the rest of the Legal, Licensed, Medical Cannabis Consumers of Michigan. Best of Luck trying to straighten out these rogue rats.   Almost inconceivable the lengths they will travel to twist the law.  

 

I think things like this are as much to blame for  people loosing faith in their local government and its 'elected officials' as some of their  other memorable lapses in sound judgement.  Like declaring the state that did much to support the unions, a "right to work state". And  after voters rejected his Emerg.Mgt program in 2012, the MI Legislature re-instated it a few weeks later. Poisoning the people in the 7th largest city in the state didn't help their case much either.  Needless to say their continuing efforts to thwart the implementation of our MMP, evidenced here as one of their more insane attempts to block the  peoples choice is not going to improve their lot. 

 

ps. renewing my subscription,  just to show a little support.   

 

 

Wow ! Thanks for the reply i agree  these things are why the people  are loosing faith in their local government and the State has never implemented our Law from the fist day 

 

​When we where in Court inn March of 2009 the prosecutor was trying to say the Law wasn't even into effect until April

 

The Courts know we have them on the ropes it's a good thing we have Lawyers like Mr. Komorn fighting for us all 

 

Thank you Sir, 

 

PS Is this Max ?

[solabeirtan]

Hey Bob, sorry not Max,  Mix is a little closer.  We did meet once back in 09, at the Brighton Library: BACC meeting. Terry was there too.

 

  Been a while... glad you finally got out from under that bs.    Cheers!   

 

...the struggle continues

[imiubu]

Hey Bob, sorry not Max,  Mix is a little closer.  We did meet once back in 09, at the Brighton Library: BACC meeting. Terry was there too.

 

  Been a while... glad you finally got out from under that bs.    Cheers!   

 

...the struggle continues

 

Really diggin the tune sola... thanks!

Gonna check out more of their stuff

Lot's of styles mixed up in there... groove on.

[GregS]

Horseschit. The lab and police cannot identify the source, so they somehow assume that it is synthetic, WITH NO EVIDENCE. That is just wrong.

[Willy]

It was on ch8 tonight, didnt say much to my way of thinking.. treated it rather flip.. But at least it was announced to the public.

[Norby]

There is big media coming on this. A lot of reporters contacting us today.

Reached limit on likes.

[t-pain]

http://michiganradio.org/post/activists-cry-foul-over-state-police-policy-change-leading-harsher-pot-charges

 

nice article on michigan radio npr

[Willy]

it was wood tv8 grand rapids, but they seem to have dropped from there site.. i'll keep looking.. 

Edited October 30, 2015 by Willy

[bobandtorey]

Thanks 

I wonder if this is the first time the MSP has dome that 

[bobandtorey]

http://fox17online.com/2015/10/28/allegations-michigan-state-police-crime-labs-falsely-reporting-marijuana-creating-felonies-against-card-carrying-patients/

[t-pain]

i think bob meant to link to this new article http://fox17online.com/2015/10/29/emails-spell-out-alleged-scandal-in-state-crime-lab-testing-falsely-reporting-marijuana/

 

I wonder if this is the first time the MSP has dome that

foia requests for all cases where this has been done are in the process.

 

ftp

this took me two days to figure out what this meant. doh.

[Greg Rx]

Horseschit. The lab and police cannot identify the source, so they somehow assume that it is synthetic, WITH NO EVIDENCE. That is just wrong.

Exactly! BHO will always contain trace amounts of chlorophyll. Mass spectrometry would scream "plant based". Also doubt that the labs have ever seen actual synthetic THC. Who would bother?

[Wild Bill]

At the very least they're poor chemists. They don't know the difference between a synthetic and an isolate.

[Restorium2]

They want to use the new 'Spice' synthetic marijuana laws on it, and all the hatred and fear that entails. 

[Wild Bill]

Yes, I've noticed lately it's always referred to as "synthetic marijuana" in the news reports.

[Restorium2]

That definitely will not work; the section for spice and related compounds in schedule 1 is very specifically written. They also must have testing to distinguish spice, etc from synthetic THC, or they will have the same problem. I know there are NARK II reagent kits available that can discern between them.

Right. It didn't have to make any sense, just fear. 

[bobandtorey]

I knew they where up to something when they /  media  were using the words synthetic marijuana i never did like the News for doing that they where planting into the peoples minds ?

[t-pain]

this is really messed up.

 

you got corrupt cops

http://www.freep.com/article/20130129/NEWS03/301290109/Deputy-s-conduct-taints-Oakland-County-drug-cases

 

corrupt prosecutors

http://thecompassionchronicles.com/2015/07/17/lapeer-judge-orders-county-prosecutor-sheriffs-detective-to-court/

 

corrupt judges

http://www.arabamericannews.com/news/news/id_7845/Appeals-court-rules-Dearborn-Judge-is-biased-in-medical-marijuana-case.html

 

corrupt crime labs

 

where does it stop??

[zaphod]

it was wood tv8 grand rapids, but they seem to have dropped from there site.. i'll keep looking.. 

I don't think they ever posted it.

[trichcycler]

http://fox17online.com/2015/10/28/allegations-michigan-state-police-crime-labs-falsely-reporting-marijuana-creating-felonies-against-card-carrying-patients/

 

Posted 7:45 PM, October 28, 2015, by Dana Chicklas

 

OTTAWA COUNTY, Mich. – The defense representing a Spring Lake father facing a felony marijuana charge is accusing Michigan State Police Forensic Science Division crime labs of misreporting marijuana intentionally. It’s an allegation with statewide implications.

 

FOX 17 first reported Max Lorincz’s case in February: he’s a father and medical marijuana card carrying patient. He was charged with felony possession of synthetic Tetrahydrocannabinol (THC) for having a smear amount of butane hash oil (BHO).

 

“If nobody stands up for this and it just keeps going the way it is, how many more people are going to get thrown under the bus just for using their prescribed medicine?” said Lorincz. “It’s just ridiculous.”

 

Lorincz said BHO, which is made from marijuana resins, is a prescription he uses for debilitating pain. On an unrelated medical emergency call for his wife, law enforcement found a smear of BHO in his family’s home. Now, in part as a result of his charges, Lorincz has lost custody of his six-year-old son, reducing him to supervised public visits for the past months.

 

After FOX 17 reported his case, attorney Michael Komorn, with Komorn Law, PLLC, took Lorincz’s case on pro bono. Finding a major development, Komorn said MSP crime labs, along with the Attorney General’s office and the Prosecuting Attorneys Association of Michigan, changed crime lab reporting policies for reporting marijuana back in 2013.

 

Based on documents and emails received through the Freedom of Information Act, Komorn said state laboratories are falsely reporting marijuana as synthetic THC, essentially turning a misdemeanor charge into a felony.

 

"What is unique about this case is that they [the prosecution] are relying on the lab to report these substances so that they can escalate these crimes from misdemeanors to felonies,” said Komorn.

 

First charged with misdemeanor marijuana possession, Lorincz refused to plead guilty because again, he is a medical marijuana card-carrying patient. According to the Michigan Medical Marijuana Act, this charge can be dropped through section 4 or 8 immunity.

 

However, the Ottawa County prosecutor moved forward and charged Lorincz with felony synthetic THC possession, according to the state lab report results from his BHO.

 

According to Lorincz’s crime lab report, technicians deemed his BHO to be "residue, delta-1-Tetrahydrocannabinol, schedule 1," then the phrase, “origin unknown.”

 

The state lab scientist testified in an earlier April preliminary exam that they could not determine whether Lorincz’s BHO was natural or synthetic. However, the prosecution charged him with felony synthetic THC possession.

 

"When you have a laboratory that is looking at a substance and reporting it in a way that makes it a schedule 1 instead of the marijuana they know it is, it's creating a crime,” said Komorn.

 

“This is a lie. We have emails within the state laboratory communications indicating this: that they know it's unlikely, more than unlikely near an impossible, that the patients and caregivers are in a laboratory synthesizing THC. It's not happening, yet they report it as such,” Komorn said.

 

Komorn filed motions in Ottawa County Circuit Court in this case earlier this week: his firm is stating that the crime labs and prosecution are reporting "bogus crimes," turning crime labs into a "crime factory." He stands firm that the prosecution has no credible evidence to charge or convict Lorincz, especially since the state lab scientist testified they cannot prove the substance to be natural or synthetic.

 

"The lab as far as I'm concerned has lost its integrity,” said Komorn.

 

“You can't play around with this type of thing and make stuff up and create crimes and be influenced by what the prosecutors want you to do and then come to court, take an oath, and expect to be received as an expert in forensic science. You've lost that."

 

FOX 17 also reached out to Michigan State Police for comment. The MSP public affairs department for the office of the director released this statement to FOX 17:

 

“The ultimate decision on what to charge an individual with rests with the prosecutor. The role of the laboratory is to determine whether marihuana or THC are present. Michigan state police laboratory policy was changed to include the statement “origin unknown” when it is not possible to determine if THC originates from a plant (marihuana) or synthetic means. This change makes it clear that the source of the THC should not be assumed from the lab results.”

 

The motions filed in court are calling for an evidentiary hearing Nov. 5.

 

Stay with FOX 17 for continued coverage, as well as possible implications for many other cases statewide.

I believe this may be one of the most important Michigan Medical Marijuana cases and I commend Mr. Komorn and his staff for EVERY effort being put forth in the pro bono case. I believe he has chosen a winner in all respects with this one.

[2d]

I believe this may be one of the most important Michigan Medical Marijuana cases and I commend Mr. Komorn and his staff for EVERY effort being put forth in the pro bono case. I believe he has chosen a winner in all respects with this one.

Indeed.  I live fairly close to Grand Haven, Let me know if I can help.

[zaphod]

More from Fox17

http://fox17online.com/2015/10/29/emails-spell-out-alleged-scandal-in-state-crime-lab-testing-falsely-reporting-marijuana/

 

Nothing from wood.