Up to five years in prison for cannabis users who drive in Michigan

shaggyballs · Jul 27, 2015

Ruling By State Supreme court
Driving under the influence of marijuana is a crime in Michigan.

When marijuana is involved any amount of marijuana that was in the driver’s blood or urine while he was driving will establish that the driver was under the influence. (Mich. Comp. Laws Ann. § 257.625(1),(2)(c), (4)(c), &(8).)

Penalties for Driving Under the Influence

Penalties vary according to whether the offense is a first of subsequent conviction. And, while not described here, harsher penalties apply if alcohol is also involved in the offense.

First convictions. Defendants face a fine of up to $300, up to 93 days in jail, up to 360 hours of community service, or any combination of these penalties. (Mich. Comp. Laws Ann. § 257.625(9)(a).)

Second conviction within seven years. Defendants face a fine of between $200 and $1,000, between five days and one year in jail, between 30 and 90 days of community service, or any combination of these penalties. (Mich. Comp. Laws Ann. § 257.625(9)(b).)

Third and subsequent convictions. Defendants face a fine of between $500 and $5,000; and either one to five years in prison, or probation (with 30 days to one year in jail, and 60 to 180 days of community service). (Mich. Comp. Laws Ann. § 257.625(9)(c).)

The court may order vehicle immobilization for not more than 180 days.

Therefore if any patient identifies themselves, a police officer will be more likely to arrest that patient thinking that it is probable their THC level is unlawful.

Shag says
Do not show your card!
Do not consent to testing, make the police get a court order, this is your right.

aridbud · Jul 27, 2015

That's a sure fire way not to drive under the influence.

shithawk420 · Jul 27, 2015

Doesn't seem any different from a regular DUI with alcohol.except the part about ANY amount of THC I in the blood.I don't see how they can get away with that.so anyone who uses cannabis legally are never supposed to be able to drive again? They might as well take your license away when you get your mmj card!

Sisu · Jul 27, 2015

The zero tolerance mentality is troubling. Until then I guess I'll run through Wisconsin when I'm traveling back and forth from seeing the fam. Or not. I like crossing Big Mac.

aridbud · Jul 27, 2015

Can't recall...isn't Michigan where the 2 grad students made a prototype for breathalyzer type implement for cannabis? Maybe they are trying it out.

FYI: Looked up article from 4/27/15....it was two Ohio State graduate students developing canna-buster.

I know CO has decreased DUI stats (alcohol and marijuana) because of the penalties if pulled over/caught.

aridbud · Jul 27, 2015

shithawk420 said:
Doesn't seem any different from a regular DUI with alcohol.except the part about ANY amount of THC I in the blood.I don't see how they can get away with that.so anyone who uses cannabis legally are never supposed to be able to drive again? They might as well take your license away when you get your mmj card!

That's the mentality I can perceive happening with change of the guard (our elected officials).

Could continue to swing towards decriminalization/legalization or the other pendulum swing....what was once tolerated (not legal...it's still illegal by Fed standards) could be revoked.

Shall be an exciting time and candidate stance. What's Trumps views? (besides being ludacris?!)

shaggyballs · Aug 25, 2015

If Colorado or Washington police pull you over and find more than 5 nanograms of the mind-altering ingredient of marijuana per milliliter of blood in your system, you're guilty of stoned driving – whether you smoked three weeks ago or three hours ago.
So much for legalization...ugh!

MIway · Aug 25, 2015

Dont forget that if u deny them from doing a blood draw it is like an immediate 7pts (or something there abouts) on ur record, which is another type of ass fucking just to stand up for ur rights... While they arrest u anyway and get a court order...

MichiSin · Aug 25, 2015

STTP Article. I was scared as shit. Research people, know whats happening in government!! They have a plan and it involves more than dui charges.

http://norml.org/legal/item/michigan-drugged-driving

It's fucking terrible

*NOTE: The Michigan Supreme Court has found that inert metabolites of marijuana do not constitute schedule I controlled substances. The court found that natural byproducts created by body during break down of THC were not derivative of marijuana. Inert metabolites do not constitute schedule I controlled substance, in part because they do have any known pharmacological effect, relate to level of THC-related impairment, and do not have potential for abuse and dependence.People v. Feezel, 783 N.W.2d 67(2010).

The Michigan Supreme Court has separately determined that the protections of the state's medical marijuana act trump the state's zero tolerance per se law for the presence of THC in blood. This means that qualified patients may not be charged under the state's zero tolerance per se DUI statute. Rather, the state would have to show prrof of impairment in order to gain a DUI drug conviction. This zero tolerant standard does apply to non-patients.*People v. Koon, 2013.

It sounds like a silver lining but...

IMPLIED CONSENT:

A person who operates a vehicle upon a public highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state is considered to have given consent to chemical tests of his or her blood, breath, or urine for the purpose of determining the amount of alcohol or presence of a controlled substance or both in his or her blood or urine. Mich. Comp. Laws Ann. § 257.625c(1) (2010)

If a person refuses the request of a peace officer to submit to a chemical test, a test shall not be given without a court order, but the officer may seek to obtain the court order.*Id.*§ 257.625d(1).

A person's refusal to submit to a chemical test is admissible in a criminal prosecution for a crime only to show that a test was offered to the defendant, but not as evidence in determining the defendant's innocence or guilt. The jury shall be instructed accordingly.*Id.*§ 257.625a(9).

Accused has the right to demand that a person of his or her own choosing administer the chemical tests, and accused is responsible for obtaining a chemical analysis of a test sample obtained at his or her own request.*Id.*§ 257.625a(6)(b).

So yea...Supreme Court is really with the shit.

MIway said:
Dont forget that if u deny them from doing a blood draw it is like an immediate 7pts (or something there abouts) on ur record, which is another type of ass fucking just to stand up for ur rights... While they arrest u anyway and get a court order...

Source pls?

MIway · Aug 27, 2015

Sin... Guess we r an implied consent state, in that w we apply and accept our driv lic we also accept to a chemical test should we b arrested for a dui. Did a little search and these guys answered it pretty well...

http://www.michiganouidefense.com/Areas_of_Practice/Breath_Test_Refusal.html

Summary...
- if they pull u over and suspect u r under the infuence, they will want a test on the spot.
- if u refuse, they will arrest u and obtain an actual search warrant.
- if u refuse that court order, then license is suspended for one year on first refusal and sos places 6pts on ur record, regardless of whether or not you r guilty or ever convicted.
- if u refuse a second order (? Diff arrest maybe?), then it is a 2yr suspension, and i presume another 6pts.
- penalties for refusing a court ordered test can apparently br worse than a dui conviction, at least a first offense.

stoney917 · Aug 27, 2015

N they wonder y ppl run over nuthin.... fukkem

mowood3479 · Aug 27, 2015

i got love for Michigan and Michiganders. So sorry about this bullshit law... One of many.

GSPfan · Aug 27, 2015

Here in ontario you can get a dui for being high as well but it's not common at all because it's really hard to prove unless they catch you in the act or your car is smokey and there is no passenger. But you can always say that you're tired or if you have a passenger then you can blame it on them since only possession is against the law, not smoking it. Don't you guys have similar loop holes as long as they don't catch you with joint in hand? If so no worries, party on Garth. Just smoke before, not during.

yortbogey · Aug 27, 2015

well thats fucked.... meaning MEDical patients.... w/ daily use.... could/can NO LONGER DRIVE ... EVER..... because there will ALWAYS be a certain level of THC / nanograms in the system....thats one fucked up law.... they just grounded all the medical recipients in the MI state....
between that and the concept of medical peeps no longer having gun rights.... where fucked if this goes mainstream.....

very reason why all my guns are registered to my kid.... and my wife does all the driving.... FUCK'em

DemonTrich · Aug 27, 2015

ive used daily for 4+ years....who am I kidding for the past 15+ years.....daily!

I thought Mi passed a law protecting med users and dui issues. there is/was NO proof (chem tests/sobriety tests/blood tests/ect, to PROOVE your under the influence of mj since it stays in your blood system/urine for 30+ days. if they couldn't prove the glove fit OJ, then how the fvck you going to prove I just smoked pot or 2 hrs ago, 4 hrs ago, or 3 days ago. you cant. I think its a big fishing scheme to fatten Mi wallets.

why the F did I ever move back to this shitty ass, screwed up road, crooked politicians, shady cops that shoot people, and unemployed state?

shaggyballs · Sep 3, 2015

I was not able to view page 2?
now I can?
sorry for the post :rasta:

DemonTrich · Sep 3, 2015

I see no page 2

prune · Sep 3, 2015

yortbogey said:
well thats fucked.... meaning MEDical patients.... w/ daily use.... could/can NO LONGER DRIVE ... EVER..... because there will ALWAYS be a certain level of THC / nanograms in the system....thats one fucked up law.... they just grounded all the medical recipients in the MI state....
between that and the concept of medical peeps no longer having gun rights.... where fucked if this goes mainstream.....

Not correct. If you read Michisin's post (9) you will see that medical users in Mi actually are protected from prosecution for residual marijuana traces in the blood. In MI the police would have to run you through the standard sobriety tests (ten paces, reverse alphabet) to show impairment before citing you for DUI. "implied consent" doesn't come into play when any results are full on moot.

A lot of folk discount the efficacy of a state card these days, but in this case it's almost a "get out of jail for free" card in these situations.

shaggyballs · Sep 3, 2015

prune said:
Not correct. If you read Michisin's post (9) you will see that medical users in Mi actually are protected from prosecution for residual marijuana traces in the blood. In MI the police would have to run you through the standard sobriety tests (ten paces, reverse alphabet) to show impairment before citing you for DUI. "implied consent" doesn't come into play when any results are full on moot.

A lot of folk discount the efficacy of a state card these days, but in this case it's almost a "get out of jail for free" card in these situations. Get out of jail free card ...NOT EVEN CLOSE HERE

You are correct about how the law is written to protect medical patients.
But:
I politely disagree with the rest of your statement.
I have several spinal conditions, I have a lot of trouble walking a straight line on my bad days.

So the cop and the video show I am not able to walk a straight line, what then?
Also I suffer from daily migraine headaches, some times I have a hard time recalling simple things like a good friends name.

When was the last time you recited your ABC's?
If I make a mistake here that is strike number two!

Also due to a Bilateral pinched nerve in my neck my hands and arms can go numb from time to time and I am prone to involuntary movement in my right arm, such as uncontrollable shaking. my thumb will move on its own, not to mention my forearm goes into spasm and will suddenly raise itself toward my chest or face.

So when they ask me to touch my nose...strike three your outta here!

These conditions induce doubt that I will be protected under the current law.
The way I see it, I am now on my way for a blood draw that will look like I am intoxicated and impaired.

Am I impaired? Not if I medicated heavily the day before.
But how do you think the judge will see it?
I know already, the judge suspended my license until I was able to piss clean for THC.
She asked when was the last time you medicated yourself?
I replied yesterday, she told me she could not let me drive because THC was still in my system and she considered me impared.
Needless to say I had to call a ride and I was more than 1 hour away from home.

The moral to this story is:
Speculate all you want, I had to live through it, so say what you will but I know the truth.

prune · Sep 3, 2015

Yes, indeed - a lot of people, elected and appointed, choose to ignore even supreme court decisions. It's all part of that calculated anti-intellectualism thats so popular with stupid people - you know, just cause i'm stupid doesn't mean that i don't know more than a supreme court justice, i mean they don't have any practical experience at all, not like me an my pappy, right?!

lol

Up to five years in prison for cannabis users who drive in Michigan

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