The Cannabis Regulatory Agency (CRA) of Michigan has issued a formal complaint against Flavor Galaxy, LLC, underlining serious allegations of regulatory breaches. Located in Hazel Park, this licensed cannabis processing facility faces multiple accusations which, if proven, could result in severe penalties including fines, license suspension, or revocation.
According to the complaint, discrepancies were found between the product descriptions on Flavor Galaxy's consumer packaging and the actual contents as recorded in Michigan's statewide monitoring system, Metrc. Notably, the "Amnesia Watermelon Freeze Hybrid" pre-rolls were labeled as containing "Premium Refined Cannabis Distillate and Cannabis Derived Terpenes," whereas the Metrc entry showed only shake/trim with basic safety compliance testing for potency.
Further issues were uncovered during an unannounced CRA inspection on February 7th, 2024. It was revealed that the facility also used non-FDA approved botanical terpenes in their products, contrary to claims on their packaging. In addition, numerous inventory inconsistencies were noted, including untagged products and significant discrepancies between physical stock and Metrc records. For instance, during follow-up visits, the CRA found untagged vape cartridges and pre-rolls, mismanagement of waste products, and inadequate record-keeping for product formulations and adjustments.
These actions violate multiple provisions of the Michigan Regulation and Taxation of Marihuana Act (MRTMA) and associated administrative rules, leading to 18 counts in the formal complaint. These include inaccuracies in entering information into the statewide monitoring system, failure to maintain records, improper tagging and tracking of marijuana products, and misleading advertising.
Flavor Galaxy, LLC has the opportunity to respond to these allegations by requesting a hearing within 21 days from the notice date. They may also opt for a compliance conference to discuss these findings and demonstrate current adherence to state regulations. This case underscores the importance of compliance in the regulated cannabis industry, not only to adhere to legal standards but also to maintain the safety and trust of consumers.
In a recent turn of events at Logan Airport, authorities intercepted a substantial amount of cannabis bound for the United Kingdom. The latest seizure involved a 70-pound cache of cannabis, found with a British woman attempting to depart for London this past Sunday evening. This incident follows closely on the heels of a similar case, where a woman from Michigan was caught with 74 pounds of cannabis, also destined for London.
According to a spokesperson from the Suffolk District Attorney's Office, the recent arrest occurred approximately six weeks after the first, signaling a notable pattern of smuggling attempts through this route. The spokesperson quoted Suffolk District Attorney Kevin Hayden, who expressed a stern warning against such illegal activities. "These two arrests in a fairly short time span should send a clear message that attempting to transport cannabis through Boston to the U.K. is highly ill-advised," Hayden stated.
The street value of cannabis in the United Kingdom is notably high, fetching around $5,000 per pound. This places the estimated value of the seized 70 pounds of cannabis at about $350,000.
The individual apprehended on Sunday, 19-year-old Fareedat Folunsho, faces charges of trafficking between 50 and 100 pounds of cannabis. During her arraignment in the East Boston session of the Boston Municipal Court, Folunsho pleaded not guilty and was subsequently detained on a $1,500 bail at the Nashua Street Jail. Her legal representation could not be reached for comment. She is scheduled for a probable cause hearing on May 21st.
The arrests highlight the stringent enforcement of drug trafficking laws at federal and international levels, despite the legality of cannabis in Massachusetts. Cannabis remains illegal federally in the U.S. and is also prohibited in the United Kingdom, underscoring the legal complexities surrounding its transport and sale across international borders.
These cases serve as a significant reminder of the ongoing challenges and legal consequences facing individuals who attempt to smuggle cannabis internationally, particularly from regions where it is legally permissible to areas where it is not.
In a landmark case that has reverberated through Michigan's legal landscape, the issue of whether the odor of cannabis alone can constitute probable cause for police to conduct searches has come under intense scrutiny. This pivotal legal debate unfolded following an incident in Detroit, where police officers cited the smell of cannabis as the reason to order Jeffery Armstrong out of his vehicle, ultimately leading to his arrest after discovering an illegal firearm under the seat he occupied.
The legal journey began when Detroit police detected the scent of cannabis emanating from a vehicle in which Jeffery Armstrong was a passenger. Acting on this observation, they conducted a search which revealed an illegal gun. Armstrong challenged the search, arguing that since Michigan voters had legalized recreational cannabis, the mere presence of its odor should no longer be sufficient grounds for such police actions.
The trial court sided with Armstrong, ruling that the odor of cannabis alone, in the context of its legalization, does not meet the threshold for probable cause necessary for searches and seizures. This decision was upheld by the Michigan Court of Appeals. The matter was then escalated to the Michigan Supreme Court, drawing significant attention from legal experts and advocacy groups.
Highlighting the broader implications of this case, the Cato Institute and the Institute for Justice submitted an amicus brief supporting Armstrong's position. They argued that allowing searches based solely on the smell of a legally permissible substance could lead to unconstitutional practices, undermining the intent of Michigan's electorate to alleviate overcriminalization. This stance underscores a critical examination of how law enforcement practices must evolve in response to changing legal and social landscapes.
This case taps into fundamental questions about the Fourth Amendment, which protects citizens from unreasonable searches and seizures. Advocates argue that strict adherence to constitutional guarantees is essential, especially when the legality of substances like cannabis evolves. The legal discourse focuses on ensuring that probable cause is not merely speculative but based on clear evidence that aligns with both legal standards and contemporary societal norms.
The outcome of this case has significant ramifications for law enforcement protocols. It challenges officers to adapt to the nuances of laws that have shifted due to voter initiatives and societal changes. Training and operational guidelines may need revisiting to ensure that police actions remain within the bounds of the law while effectively addressing public safety.
As Michigan navigates the complexities introduced by the legalization of cannabis, the case of Jeffery Armstrong serves as a crucial benchmark for assessing the balance between individual rights and law enforcement duties. The Michigan Supreme Court's forthcoming decision will not only impact Armstrong but also set a precedent that will influence the interpretation of probable cause in the context of legalized substances across the state.
For more detailed legal insights, you can access the complete amicus brief filed by the Cato Institute and the Institute for Justice here.
The Michigan Supreme Court is currently deliberating on a lawsuit that alleges violations of the Open Meetings Act (OMA) by Warren's Marijuana Review Committee during its medical cannabis licensing process. The case, Pinebrook LLC et al. vs. City of Warren and Livwell Michigan LLC et al., originates from a legal challenge by several companies that were denied medical cannabis dispensary licenses.
The dispute centers around the actions of the Marijuana Review Committee, which is accused of conducting 16 private sessions in breach of the OMA and infringing upon due process rights. The committee, composed of former council members and city officials, evaluated over 60 applications and suggested 15 for approval. The decision-making process, conducted without public input or transparency in how these recommendations were made, has sparked controversy.
The City Council approved these recommendations with a majority vote following a swift public meeting, a move criticized by former councilpersons who opposed the lack of accessible applicant information discussed in the committee's private meetings.
At the heart of the legal battle, a previous ruling by former judge Carl Marlinga found the committee in violation of the OMA, leading to the invalidation of the issued licenses. However, this decision was overturned in 2022 by the Michigan State Court of Appeals, which deemed the committee advisory and not subject to the OMA, thereby reinstating the licenses.
During the Supreme Court proceedings, plaintiff's attorney Alan Greene argued that the committee was intentionally established to sidestep public oversight and should be recognized as a governmental body involved in policymaking. In contrast, the city’s representation, led by attorney Andrea Pike, maintained that the committee served purely in an advisory capacity and its composition did not constitute a quorum of the council, thus exempting it from the OMA.
The justices expressed concerns about the potential for governmental bodies to create subcommittees to avoid public accountability, questioning the broader implications of the appellate court's interpretation of what constitutes a governing body.
The Supreme Court's forthcoming decision will have significant implications for the Open Meetings Act and the transparency of government processes related to cannabis licensing in Michigan. The date for the verdict remains unspecified.
In a somber update from Kalamazoo, 19-year-old Khymarus Pratt has been charged with the fatal shooting of 25-year-old Bader Mohamed Farwana. The incident, which occurred on the night of March 23rd, involved a tragic sequence of events stemming from what began as a purported drug deal.
According to police records, the Kalamazoo Department of Public Safety was called to a scene on the 900 block of Jackson Street near Sheldon Street around 11:26 p.m., following reports of a vehicle accident. Upon arrival, officers discovered Farwana unresponsive in the driver's seat of his car, initially presumed to be involved in a crash. However, it soon became apparent that Farwana had sustained a gunshot wound to the chest, leading to his death shortly after the discovery.
Investigations revealed that Farwana had intended to sell cannabis valued at $50 to an acquaintance from Snapchat, who directed him to Pratt’s residence on Russell Street. Court documents suggest that Pratt never intended to buy the cannabis but instead planned to steal it. After a failed transaction attempt using CashApp, Farwana was lured back to the location with a promise of rectifying the payment issue.
When Farwana returned, Pratt allegedly approached his vehicle and shot him through the driver-side window, ultimately leading to Farwana's death. Pratt is reported to have collected the spent shell casing, boasted about the shooting to friends via messages, and disposed of the weapon by giving it to a friend for the night.
Khymarus Pratt was arraigned on charges of open murder and felony firearm. He is currently being held without bond and is expected back in court for further proceedings early in May.
Adding to the tragedy, Farwana, a father to a one-year-old daughter and a prospective professional martial artist, was remembered by his family for his strong Palestinian roots and ambitions. He had been pursuing studies in information technology and had expressed pride in his heritage, planning to fly the Palestinian flag in an upcoming fight.
The case has cast a somber light on the risks associated with illegal drug transactions and the devastating impact of gun violence on communities. A GoFundMe page established to support Farwana’s family and daughter has raised significant contributions, reflecting the community's response to this tragic event.
Note to our readers: While this incident is not directly related to cannabis, it tangentially connects to the broader cannabis industry due to the involvement of Delta-8 THC products. The explosion in Clinton Township involved a facility that distributed vape pens, many of which were intended for use with Delta-8 THC, highlighting the sometimes blurred lines within the regulatory landscape of cannabinoid products.
Noor Noel Kestou, the owner of a suburban Detroit business where a fire and explosion resulted in the death of a young man, was arrested while attempting to leave the U.S. for Hong Kong. The incident, which occurred in Clinton Township, has led to serious criminal charges against Kestou.
On March 4th, a violent explosion at a building owned by Kestou's company, Goo, a distributor for the vaping industry, tragically ended the life of 19-year-old Turner Lee Salter. The explosion propelled a nitrous oxide canister a quarter of a mile through the air, striking Salter. At the time of the explosion, the building reportedly contained over 100,000 vape pens and had recently received a large shipment of butane canisters.
Authorities apprehended Kestou, 31, of Commerce Township, at John F. Kennedy International Airport on April 22nd as he was about to board a flight to Hong Kong on a one-way ticket. He was subsequently extradited to Michigan and arraigned on charges of involuntary manslaughter.
During a press briefing, Macomb County Prosecutor Peter Lucido explained that Kestou had been a suspect from the onset of the investigation due to his ownership of the premises involved in the incident. Lucido stated, "Anyone that owns a business and something like this happens has to be considered a suspect." The prosecutor also noted that involuntary manslaughter was the most severe charge that could be currently justified by the evidence.
The building, located in a 26,700-square-foot space, had been permitted as a retail location for a "smoke shop/vape store," according to records from the Clinton Township Building Department. Fire Chief Tim Duncan noted that while the exact cause of the fire remains undetermined, it is believed to have started in the building's southwest corner.
Following his arraignment, Kestou was released on a $500,000 bond. As part of his release conditions, he is required to wear a GPS monitoring device, and he has surrendered his passport. A probable cause hearing is scheduled for May 7th at the Clinton Township District Court.
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