Michigan Cannabis DUI laws changed - Michigan - International Cannagraphic Magazine Forums

Pythagllio · 06-09-2010, 08:07 PM

Quote:

The Michigan Supreme Court Tuesday ruled that it is not illegal to drive while having marijuana metabolites in the body, reversing a 2006 decision by a more conservative version of the court. Marijuana metabolites are not a controlled substance under state law, and their mere presence thus cannot be the basis of a conviction under the state's drugged driving law, the court held.

The ruling came in People v. Feezel, in which the court overturned the conviction of a driver in the death of a severely drunk pedestrian walking in the middle of a five-lane road at night. The driver, George Feezel, was himself borderline intoxicated on alcohol, blowing a 0.009, and also tested positive for marijuana metabolites, which can linger in the system for days or weeks after the pot high is gone. Feezle was convicted of drunk driving causing a death, leaving the scene of a fatal accident, and driving under the influence of marijuana, although there was no testimony to the effect that he had used marijuana that evening and there was testimony to the contrary.<snip>

https://stopthedrugwar.org/chronicle/...d_driving_DUID

Now why the heck does ICMag censor tinyurls?

420atheist · 06-09-2010, 08:38 PM

This is great news. This law was one sticky point for patients across the state.

Pythagllio · 06-09-2010, 11:25 PM

The problem may be that the Court didn't rule that people that are sober can't be legally impaired, it found that the substance wasn't a controlled substance under Michigan law. Easy solution for the drug warriors, just add 11-carboxy-THC to the list of scheduled controlled substances.

organiclover · 06-09-2010, 11:37 PM

the movement is pushing for reclassification of cannabis - as it should

i think it would be really hard for anyone to sneak THC metabloite in as a schedule 1 controlled substance at this point

vta · 06-10-2010, 04:06 AM

This is big news....please don't move this thread.

By Ed White, Associated Press Writer
Source: Daily Tribune

cannabis Detroit -- The Michigan Supreme Court referred to the state's relatively new medical marijuana law as it ordered prosecutors to stop charging motorists who are caught with a byproduct of pot in their body.

The court said the presence of "carboxy" is not a crime, reversing a 2006 decision by its former conservative majority. Four of the seven justices said it can't be considered a controlled substance under Michigan law.

Carboxy is a metabolite created when the active ingredient in marijuana, THC, breaks down. Experts say it can be in the body for weeks and doesn't signal a driver is impaired.

"A person cannot be prosecuted ... for operating a motor vehicle with any amount of 11-carboxy-THC in his or her system," Justice Michael Cavanagh said Tuesday, writing for the majority.

The court ruled in the case of a driver, George Feezel, who killed a pedestrian on a dark, wet road in Washtenaw County in 2005.

The facts of his case had nothing to do with medical marijuana, which was approved by Michigan voters in 2008, but Cavanagh referred to it in his opinion.

Without a change by the court, he said, people who use marijuana to relieve pain would be in jeopardy because they might never know when it's legal to drive if carboxy stays in the blood for a long time.

The court's 2006 decision was "just a mistake. It sent shock waves through the legal community and had to be corrected," said Doug Mullkoff, a lawyer who argued Feezel's appeal. "Carboxy-THC is not an intoxicating substance."

Mark Kneisel, a lawyer in the Washtenaw County prosecutor's office, said a carboxy charge is not common. In Michigan's largest county, Wayne, the Supreme Court's decision could affect some cases where people have been charged with drug offenses in addition to alcohol abuse, said Maria Miller, a spokeswoman for prosecutors.

Genesee County Prosecutor David Leyton, a Democratic candidate for attorney general, said the ruling means authorities will have to gather more proof to show marijuana impaired a motorist.

"I don't want people to go out and think it's OK to drive and smoke pot," he said.

In a dissent, Supreme Court Justice Robert Young Jr. said lawmakers intended to criminalize any "derivative" of marijuana and carboxy fits.

"The Legislature should not have to draft a statute in the manner of a person wearing a belt and suspenders, by expressly banning every conceivable iteration and byproduct of marijuana in order to protect the citizens of Michigan from people who drive with marijuana and marijuana byproducts in their systems," Young wrote.

festivus · 06-10-2010, 04:29 AM

I'm wondering how long it take the cops to come with a pot-alyzer, and some set of roadside pot-sobriety tests?

Pythagllio · 06-10-2010, 02:04 PM

I'm not sure why anyone's worried about this. Are there people that really have any trouble driving safely? I notice it took a couple of drunks to get this in front of the MI Court.

Hydro-Soil · 06-10-2010, 02:50 PM

Quote:

Originally Posted by festivus

some set of roadside pot-sobriety tests?

Umm... they already have field sobriety tests.

This is great news. I'm a worse driver when I'm not medicated... I have no mental acuity/focus and my memory slips..... badly. People don't like riding with me when I'm un-medicated.

Amazing how little people really know about cannabis. *sigh*

Stay Safe!

Kalicokitty · 06-10-2010, 03:08 PM

You know how many people in the legal system get together after big cases to celebrate at the bar, and then pour themselves into their cars to drive home?
Fucking hypocrites.
Anyway, this is a step in the right direction at least.

vta · 06-10-2010, 04:50 PM

Quote:

Originally Posted by vta

This is big news....please don't move this thread.

06-09-2010, 11:25 PM	#3
Pythagllio Patient Grower Join Date: Sep 2006 Location: in the belly of the beast Posts: 1,954	The problem may be that the Court didn't rule that people that are sober can't be legally impaired, it found that the substance wasn't a controlled substance under Michigan law. Easy solution for the drug warriors, just add 11-carboxy-THC to the list of scheduled controlled substances. __________________ Well I was reading the paper the very next day to see what Spiro Agnew had to say, he said, If you don't dig the "Ballad of the Green Beret" well there's just one thing I gotta say, You must be one of those dope smoking, avatar reading living in the common unwashed hippie Marxist!
	Quote

06-10-2010, 04:06 AM	#5
vta Senior Member Join Date: Jul 2005 Posts: 4,292	Driving Drug Charges Limited This is big news....please don't move this thread. By Ed White, Associated Press Writer Source: Daily Tribune cannabis Detroit -- The Michigan Supreme Court referred to the state's relatively new medical marijuana law as it ordered prosecutors to stop charging motorists who are caught with a byproduct of pot in their body. The court said the presence of "carboxy" is not a crime, reversing a 2006 decision by its former conservative majority. Four of the seven justices said it can't be considered a controlled substance under Michigan law. Carboxy is a metabolite created when the active ingredient in marijuana, THC, breaks down. Experts say it can be in the body for weeks and doesn't signal a driver is impaired. "A person cannot be prosecuted ... for operating a motor vehicle with any amount of 11-carboxy-THC in his or her system," Justice Michael Cavanagh said Tuesday, writing for the majority. The court ruled in the case of a driver, George Feezel, who killed a pedestrian on a dark, wet road in Washtenaw County in 2005. The facts of his case had nothing to do with medical marijuana, which was approved by Michigan voters in 2008, but Cavanagh referred to it in his opinion. Without a change by the court, he said, people who use marijuana to relieve pain would be in jeopardy because they might never know when it's legal to drive if carboxy stays in the blood for a long time. The court's 2006 decision was "just a mistake. It sent shock waves through the legal community and had to be corrected," said Doug Mullkoff, a lawyer who argued Feezel's appeal. "Carboxy-THC is not an intoxicating substance." Mark Kneisel, a lawyer in the Washtenaw County prosecutor's office, said a carboxy charge is not common. In Michigan's largest county, Wayne, the Supreme Court's decision could affect some cases where people have been charged with drug offenses in addition to alcohol abuse, said Maria Miller, a spokeswoman for prosecutors. Genesee County Prosecutor David Leyton, a Democratic candidate for attorney general, said the ruling means authorities will have to gather more proof to show marijuana impaired a motorist. "I don't want people to go out and think it's OK to drive and smoke pot," he said. In a dissent, Supreme Court Justice Robert Young Jr. said lawmakers intended to criminalize any "derivative" of marijuana and carboxy fits. "The Legislature should not have to draft a statute in the manner of a person wearing a belt and suspenders, by expressly banning every conceivable iteration and byproduct of marijuana in order to protect the citizens of Michigan from people who drive with marijuana and marijuana byproducts in their systems," Young wrote. __________________ "When governments fear the people, there is liberty. When the people fear the government, there is tyranny." - Thomas Jefferson C'mon...You know you want to click this... American? Click here...
	Quote

06-10-2010, 04:29 AM	#6
festivus STAY TOASTY MY FRIENDS! Join Date: Sep 2009 Location: The Valley Isle Posts: 2,605	I'm wondering how long it take the cops to come with a pot-alyzer, and some set of roadside pot-sobriety tests? __________________ Seed Buyers Beware! Don't waste your money on hype. If you have to buy multiple seed packs to find that "keeper", you're getting ripped off. Every female in a pack of seeds should be a keeper! We've been led to believe that lots of variation in a cross is a good thing, because some vendors would rather you buy several packs of their gear, instead of them actually doing the selections to fix that nag champa or golden clit trait themselves. For hobby growers, pheno hunting is fun. But mono-croppers who grow to pay the bills prefer a consistent product that regularly delivers the desired trait package.
	Quote

06-10-2010, 02:04 PM	#7
Pythagllio Patient Grower Join Date: Sep 2006 Location: in the belly of the beast Posts: 1,954	I'm not sure why anyone's worried about this. Are there people that really have any trouble driving safely? I notice it took a couple of drunks to get this in front of the MI Court. __________________ Well I was reading the paper the very next day to see what Spiro Agnew had to say, he said, If you don't dig the "Ballad of the Green Beret" well there's just one thing I gotta say, You must be one of those dope smoking, avatar reading living in the common unwashed hippie Marxist!
	Quote

06-09-2010, 08:38 PM	#2
420atheist New Member Join Date: Jun 2010 Posts: 18	This is great news. This law was one sticky point for patients across the state.
	Quote

06-09-2010, 11:37 PM	#4
organiclover Member Join Date: May 2010 Posts: 173	the movement is pushing for reclassification of cannabis - as it should i think it would be really hard for anyone to sneak THC metabloite in as a schedule 1 controlled substance at this point
	Quote

06-10-2010, 03:08 PM	#9
Kalicokitty The cat that loves cannabis Join Date: Feb 2010 Posts: 1,340	You know how many people in the legal system get together after big cases to celebrate at the bar, and then pour themselves into their cars to drive home? Fucking hypocrites. Anyway, this is a step in the right direction at least.
	Quote