Aug 162013
 August 16, 2013

Eric Holder drug policy reform marijuanaSouthfield, Michigan attorney Michael Komorn announces mandatory minimums dropped in case; charges remain, 5 year minimum sentences are out

SOUTHFIELD- Noted Michigan cannabis attorney and radio show host Michael Komorn announced that Monday’s declaration by US Attorney General Eric Holder to step away from mandatory minimums has already begun to alter federal cases.

Komorn says that his case involves two brothers, each federally charged with manufacturing more that 100 marijuana plants. Those charges were originally written by Assistant U.S. Attorney C. Barrington Wilkins to include 5 year mandatory minimum sentences; although the charge of manufacturing still remains, Wilkins stated in a letter to Komorn and his co-counsel that he will remove the mandatory 5 year penalties for the defendants.

Holder’s remarks were addressed to the American Bar Association meeting in San Francisco; within his speech he outlined a new direction for his Attorneys to follow, one that would defeat the mandatory minimum policy and revise who is kept in jail and for how long.

One of the methods described by Holder to accomplish the administrative castration of the mandatory minimum system includes not reporting on the charge sheet the weight or amount of drugs seized during the investigation. This weight or plant count number is the yardstick by which mandatory minimums are measured: without a specific quantity reported on the charge sheet, sentencing requirements are normal.

Komorn read this excerpt from the Wilkins letter on the air during the Planet Green Trees show: ”Good morning.  I just wanted to alert you both that in light of some new directives from Washington, D.C., I will not charge either of your clients with mandatory minimums.”

In Komorn’s case, the minimums will be defeated by Wilkins’ resubmittal of federal forms knows as ‘Rule 11-s’; those sheets will reflect the adjusted charges, in the manner described by Holder.

Wilkins is an Assistant US Attorney in Michigan’s Eastern District. Earlier this year in the same district, US District Judge Bernard Friedman set aside mandatory minimums when sentencing a throat cancer patient who was charged with manufacturing 8,000 plants. That defendant, Edward Schmeiding, received a penalty of two years probation and one day in jail.

The Planet Green Trees Radio Show is broadcast every Thursday evening at 8 pm EST on Komorn has 166 shows to his credit, featuring interviews with national and local newsmakers.

Listen to the show at:

Source: The Compassion Chronicles

About Rick Thompson

"Rick Thompson was the Editor in Chief for the entire 2-year run of the Michigan Medical Marijuana Magazine, was the spokesman for the Michigan Association of Compassion Centers and is the current Editor and Lead Blogger for The Compassion Chronicles. Rick has addressed committees in both the House and Senate, has authored over 200 articles on marijuana and is a professional photographer."Rick Thompson Is An Author At The Compassion Chronicles and focuses on all things Michigan.
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  • Mar’ Barn

    Ok, but please reject the White House that refuse to legalized marijuana during Obama administration!

    • Ken

      marijuana reform certainly moved much further during the current administration than it has in any other i can remember…i’m not bias either way, just an observation…here in Michigan I see the wave of city’s adding decriminalization to the ballot and I have high hopes that we can soon take the crime out of something that is only evil because of governments involvement.

      • GlovesOffMFers

        “…marijuana reform certainly moved much further during the current administration…” — perhaps true, but there is no cause-and-effect connection which you imply. Marijuana reform has moved much further during this current administration IN SPITE OF this current administration.

        • hempangle

          Did you read all the articles on here?One of them was how cannabis keeps cig smokers from getting cancer.I knew this 2 years ago.Some of us get diagnosed and go home and cure ourselves.How many of you commenters would do this.How many of you could take your health into your own hands if you had to.How many of your parents died of cancer and how about your best friends.This movement is going places finally and now we can start saving peoples lives.Cancer oncology is going to have a different face.I wonder how many more people are going to be killed before everyone reads these articles.This one plant will take the place of over 200 different prescriptions and there are no bad side affects that go with it.

  • Pitchman101

    They still stick you with a charge, even a misdemeanor and the probation means you cannot use your medical card or MJ until probation is completed. In some cases such as the man with throat cancer, this could actualy be a death sentance. Still a complete joke of a system as it pertains to MJ!

  • Jean Anne Lewis

    Great! :-)

  • Chris Christian

    It’s definitely a step forward in the right direction,

  • Dale

    Any charge and sentence is crime against humanity. Marijuana is medicine and a right .

  • Reparaciones Casa

    This should not be happening ever……. “ITS A PLANT”

  • Jose

    The feds are only cutting off one arm instead of two arms and two legs. What a wondrous joy this new era is.

  • Mar’ Barn

    Why not go against Obama refusal to change marijuana law!