Michigan Cannabis Regulatory Agency Announces January 2024 Compliance Actions

Published 1 year ago Legal & Crime
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In a recent update, the Cannabis Regulatory Agency (CRA) of Michigan released its January 2024 Disciplinary Action Report, outlining the administrative formal complaints and disciplinary actions taken against licensees in the state's adult-use and medical cannabis sectors. The report reveals a series of compliance failures across a number of operations, highlighting the agency's ongoing efforts to enforce regulations within the industry.

Detailed Disciplinary Actions Across Michigan

The CRA's January report lists several businesses across Michigan facing disciplinary actions for a variety of infractions, ranging from failure to report material changes in operations to non-compliance with the state's tracking system and security requirements.

  • Vassar: 664 Vassar, LLC, operating as Premier Provisioning Center #2, faced actions for issues including unreported operational changes, general operational issues, METRC non-compliance, improper transfers between businesses, and security lapses.
  • Ann Arbor: East Coastline, LLC, known as Cloud Cannabis Company, was penalized for AFS non-compliance and non-compliant sales. The Calmic, LLC, doing business as Apothecare Ann Arbor, was cited for operational issues and non-compliant waste disposal.
  • Lansing: Edgewood Wellness, LLC, under the name Edgewood Cannabis, was disciplined for METRC non-compliance and non-compliant sales.
  • Detroit: Evergreen Wellness Group, LLC, operating as Amplified Alternative Relief, faced actions for AFS non-compliance.
  • Michigan Center and Beyond: Several other entities across the state, including Feleo Manufacturing Strategies, LLC (TreeTown Cannabis) in Michigan Center, and First Dort Enterprises, LLC (First Organic Solutions) in Flint, were cited for METRC non-compliance, security issues, and AFS non-compliance.

The CRA's report underscores the diverse nature of compliance issues facing the cannabis industry in Michigan, from operational mismanagement and security lapses to specific failures in adhering to the state's Adult-Use Marijuana and Medical Marijuana facilities system (METRC), packaging, advertising, and sales regulations.

Implications for the Michigan Cannabis Industry

These disciplinary actions serve as a reminder of the importance of strict adherence to regulatory requirements within the cannabis industry. For businesses, the consequences of non-compliance can range from fines to the suspension or revocation of licenses, underscoring the need for ongoing vigilance and adherence to state laws and regulations. For consumers, these enforcement actions assure that Michigan's cannabis market remains safe, compliant, and transparent.

The CRA's commitment to enforcing regulations and ensuring compliance is crucial for maintaining the integrity of Michigan's cannabis industry, promoting fair business practices, and protecting consumers. As the industry continues to evolve, the agency's role in oversight and enforcement will remain vital for the development of a responsible and sustainable market.

Conclusion

The January 2024 Disciplinary Action Report by the Cannabis Regulatory Agency highlights the ongoing challenges and regulatory enforcement activities within Michigan's burgeoning cannabis industry. As the state continues to navigate the complexities of cannabis regulation, these actions are essential for fostering a compliant, safe, and thriving market for all stakeholders involved.


Michigan Judicial Watchdog Clears Judge of Ethics Complaint in Marijuana Case

Published 1 year ago Legal & Crime
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The Michigan Judicial Tenure Commission has concluded its examination of ethics allegations against Wayne County Circuit Judge Paul Cusick, leading to the complete dismissal of the charges. The inquiry centered on accusations that, during his tenure as an assistant attorney general, Cusick had engaged in misconduct by allowing a confidential informant to commit perjury in a marijuana-related case. The commission's decision was significantly influenced by a special master's report, which found insufficient credible evidence to support the allegations.

The ethics complaint, filed in November 2022, detailed accusations against Judge Cusick for not disclosing specific arrangements regarding an informant's cooperation with law enforcement. This cooperation was allegedly aimed at obtaining a lenient sentence for the informant's boyfriend, who was implicated in a marijuana enterprise. The complaint further alleged that Cusick permitted the informant to provide false testimony and obstructed the defense's efforts to probe the terms of her collaboration with the authorities.

Special Master Peter D. Houk, in his September recommendation for dismissal, expressed belief in Cusick's statements denying knowledge of any deal benefiting the informant's boyfriend. The commission majority echoed Houk's assessment, valuing the insights from experienced trial attorneys on the use of confidential informants in drug prosecutions.

However, the decision was not unanimous. Two commissioners, Judges Monte J. Burmeister and Pablo Cortes, dissented in part. They concurred with much of the majority's view but argued that evidence suggested Cusick was aware of the informant's actual motives, thus violating a Michigan Rule of Professional Conduct by permitting her misleading testimony.

The dissenting opinion highlighted discrepancies between the informant's stated reasons for participating in the case and the evidence, suggesting a deeper involvement in drug trafficking activities led by her boyfriend. This discrepancy raised questions about Cusick's assertions of ignorance regarding the informant's motivations.

Further complicating the situation, defense counsel for the accused dispensary owner had clandestinely recorded a meeting with the informant. This recording, according to Cusick's legal representation, confirmed the informant's honesty about her motives. The defense's failure to disclose this recording was criticized by Cusick's attorneys, who argued that the omission contributed to a misleading portrayal of the judge's actions.

In defending Judge Cusick, his lawyers emphasized the lack of written evidence to prove knowledge of any agreement between the informant and her boyfriend, challenging the disciplinary counsel's ability to substantiate their allegations of misconduct.

The case's resolution leaves open questions about the judicial process and the use of confidential informants in legal proceedings. Representatives for the Judicial Tenure Commission and Judge Cusick's legal team provided contrasting perspectives on the implications of the case and the evidence presented during the investigation.

The commission's decision to dismiss the complaint against Judge Cusick marks the end of a closely watched judicial ethics investigation, underscoring the complexities and challenges in maintaining transparency and integrity within the legal system.



Overwhelming Seizure of Narcotics and Firearms in Lenawee County Operation

Published 1 year ago Legal & Crime
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In a significant operation led by narcotics investigators from the Region of Irish Hills Narcotics Office (RHINO), a considerable cache of firearms and illegal substances was confiscated during a search in Lenawee County, Michigan. This action, part of an ongoing narcotics investigation, underscores the concerted efforts of law enforcement agencies to combat drug-related crimes in the region.

On Tuesday, February 6th, RHINO detectives executed a search warrant at a residence in Lenawee County. The Michigan State Police reported that the operation resulted in the seizure of an alarming array of illegal items. Investigators discovered over 12 ounces of cocaine, quantities of LSD intended for distribution, numerous bags of hallucinogenic mushrooms, approximately 29 pounds of processed marijuana, and 16 firearms. The assortment and volume of the narcotics and weapons underscore the significant scale of this drug operation.

In addition to the items immediately seized, authorities collected other suspected narcotics, which will undergo analysis at the Michigan State Police Forensic Laboratory to confirm their composition and potentially add further charges against those involved.

A suspect was apprehended at the scene of the search. However, details regarding their identity and the charges they face have not been disclosed as the suspect awaits arraignment. This arrest marks a crucial step in the investigation, though the operation remains active with ongoing inquiries.

The RHINO office, committed to disrupting drug trafficking and related criminal activities, urges the public to come forward with any information that could aid their efforts. They emphasize the importance of community involvement in their fight against narcotics and assure confidentiality for those who wish to provide tips anonymously.

Support for the operation came from several units within the Michigan State Police, including the MSP Aviation Unit, troopers from the MSP-Monroe Post, the MSP K-9 Unit, and the Jackson Narcotics Enforcement Team (JNET). This collaborative approach highlights the broad commitment across various law enforcement agencies to address and mitigate the challenges posed by drug trafficking and its associated crimes.

As the investigation progresses, the RHINO office and its partners remain dedicated to ensuring the safety and security of the communities within Lenawee County and beyond, signaling a continued crackdown on narcotics distribution networks.


Four Men Charged in Michigan Marijuana Dispensary Burglary and Multi-State Police Chase

Published 1 year ago Legal & Crime
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Four individuals were arraigned in Hillsdale County, Michigan, following their involvement in a burglary at a marijuana dispensary and subsequent cross-state police chase. The incident, unfolding on January 31st, led to the apprehension of the suspects on February 2nd.

The accused, Dontay Dequan Banks, 19; Treshaun Omeirr Boykins, 23; Milton Tyier Hudson, 18; and Jeremiah Javon Smith, 18, face multiple felony charges. These include breaking and entering with the intent to commit larceny, conspiracy to commit breaking and entering, receiving and concealing stolen property, third-degree fleeing from police, and resisting arrest. Their arraignment took place via video teleconference from the Hillsdale County Jail, where they were informed of their charges and assigned court-appointed attorneys.

The incident began when the Michigan State Police were alerted to a break-in at The Pinnacle Emporium, a marijuana dispensary in Camden, Michigan. Upon arrival, officers encountered the suspects along with a juvenile in a 2018 white Kia parked outside the premises. Attempting to evade capture, the suspects led police on a high-speed pursuit that extended from Michigan into Ohio and Indiana, with speeds surpassing 100 miles per hour. The chase eventually circled back into Michigan, where a Precision Immobilization Technique (PIT) maneuver was used to halt the vehicle in southern Branch County, just shy of Calhoun County.

Following the vehicle's immobilization, the suspects attempted to flee on foot but were quickly captured by law enforcement. The juvenile involved was released to his parents, while the four men were detained at the Branch County Jail before being transferred to Hillsdale County Jail.

Investigations revealed the vehicle used in the crime was stolen. In court, Judge Megan Stiverson highlighted the Hillsdale County Court's new Community Corrections Program, labeling the defendants as "low-risk" for future court appearances due to their lack of prior criminal history. Consequently, Stiverson granted each man a personal recognizance bond and mandated adherence to the program's supervision requirements.

The four are slated to return to court for probable cause conferences on February 14th, facing a maximum sentence of up to 10 years in prison if convicted on all charges.


Lapeer Structure Fire Involves Marijuana Storage Site; One Firefighter Injured

Published 1 year ago Legal & Crime
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Early this morning, emergency services were called to a significant fire on Imlay City Road in Lapeer, at a premises formerly occupied by Cut Rate Auto Repair. The building, now leased by MKX Potency for the storage of marijuana products, is situated to the east of the local Walmart and beside Thompson Motors.

The situation escalated to a three-alarm fire when part of the roof caved in, triggering a "mayday" signal. The incident resulted in minor shoulder injuries to one firefighter, who was hit by falling debris during the efforts to control the blaze.

Responding to the initial alarm at approximately 6 a.m. were units from Lapeer Fire & Rescue and the Elba Township Fire Department. As the situation intensified, the Metamora Township Fire Department and later the Attica Township Fire Department were called in for additional support. To combat the fire, aerial trucks from Lapeer and Elba Township were deployed, allowing firefighters to douse the flames from above.

Efforts to reach and extinguish remaining hot spots were aided by a front-end loader from the Lapeer Department of Public Works, which cleared away parts of the roof and other debris. Fortunately, the fire did not spread to adjacent buildings.

The incident led to the closure of Imlay City Road to through traffic, though Lapeer Fire & Rescue Chief Mike Vogt expects the road to reopen within hours.

With Lapeer's fire units committed to the scene, Vogt has arranged for the Davison-Richfield Fire Department to be on standby, ready to respond to any additional emergencies that may arise while local resources are engaged.

The cause of the fire is currently unknown and is under investigation. This incident underscores the importance of stringent safety measures and the readiness of emergency services to respond to unforeseen events.


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Legal Battle Over Menominee Marijuana Licenses Temporarily Halted

Published 1 year ago Legal & Crime
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A Michigan federal judge has temporarily halted a legal battle involving two cannabis retailers, the City of Menominee, and other competing businesses, indicating a preference for the resolution of related state-level disputes over city licenses for recreational marijuana sales. This pause aims to potentially eliminate the necessity for the federal lawsuit's continuation.

U.S. District Judge Robert J. Jonker, in a recent order, expressed a mutual agreement among all involved parties to delay the federal lawsuit, originally initiated on August 21st by First Property Holdings LLC (operating as Rize) and The Fire Station LLC. These companies had taken legal action against Menominee, a city in Michigan's Upper Peninsula, and several competing businesses. Judge Jonker's decision to grant Menominee's request for a stay came after discussions with all parties involved.

The controversy stems from Menominee's initial decision to award only two licenses in 2021 for the sale of recreational marijuana within the city, which were granted to the plaintiffs of the federal suit. This decision led to lawsuits from other retailers who were not granted licenses, challenging the city's limit in state court. Following a settlement agreement from these challenges, Menominee lifted the cap on the number of available licenses.

The federal lawsuit by the original licensees alleges that five retailers who were initially unsuccessful in obtaining licenses attempted to influence the licensing process through unofficial means while the state litigation was pending. These retailers include Rocky North LLC, Highwire Farms LLC, Nu Group, Higher Love, and O.I. Holdings.

Judge Jonker expressed reservations about the federal court's jurisdiction over a matter that involves the licensing for sales of a substance still considered illegal under federal law. By delaying proceedings, there is hope that resolution in other related legal actions might reduce or eliminate the need to address certain legal questions in this case.

The judge has mandated that all parties involved provide a status update by April 30th, with subsequent reports every 90 days, detailing the progress of related proceedings in state court.

Representation for the plaintiffs includes attorneys from The Mike Cox Law Firm PLLC, Dickinson Wright PLLC, and John R. Turner PLC. The City of Menominee is represented by Plunkett Cooney PC, with the other businesses represented by a variety of legal firms.

This case highlights the complex legal landscape surrounding the issuance of licenses for the sale of recreational marijuana, reflecting broader challenges within the industry as it navigates both state and federal legal frameworks.