Up to five years in prison for cannabis users who drive in Michigan - Michigan - International Cannagraphic Magazine Forums

shaggyballs · 07-27-2015, 01:52 AM

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 · 07-27-2015, 03:17 AM

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

shithawk420 · 07-27-2015, 03:33 AM

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 · 07-27-2015, 04:31 AM

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 · 07-27-2015, 04:38 AM

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 · 07-27-2015, 04:41 AM

Quote:

Originally Posted by shithawk420

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 · 08-25-2015, 04:14 AM

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 · 08-25-2015, 08:52 AM

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...

08-26-2015, 12:50 AM

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.

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

It's fucking terrible

Quote:

*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...

Quote:

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.

Quote:

Originally Posted by MIway

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 · 08-27-2015, 07:59 AM

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...

https://www.michiganouidefense.com/Ar...t_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.

07-27-2015, 01:52 AM	#1
shaggyballs Senior Member Join Date: Nov 2012 Location: Hold your hand up...right about there! Posts: 1,975	Up to five years in prison for cannabis users who drive in Michigan 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. __________________ Vote no to legalize cannabis or else! HydroBuddy Nute calculator Ins and outs of Pythium OVERGROW FAQ SEEDPAC Politically Active Cannabis Fighting for Michigan's Medical Marihuana Patients and Caregivers rights I am free because I know that I alone am morally responsible for everything I do. I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do.
	Quote 1 members found this post helpful.

07-27-2015, 03:17 AM	#2
aridbud automeister Join Date: May 2013 Location: the best place on earth Posts: 5,589	That's a sure fire way not to drive under the influence. __________________ Seeds have the power to preserve species, to enhance cultural as well as genetic diversity, to counter economic monopoly and to check the advance of conformity on all its many fronts. Michael Pollan Happiness held is the seed; Happiness shared is the flower. John Harrigan Instant gratification takes too long. Carrie Fisher - RIP. *afterthought autos* We are passionate breeders of unique quality cannabis autoflower hybrid seeds at down to earth prices; now 11 years running! https://www.icmag.com/ic/forumdisplay.php?f=65770
	Quote

07-27-2015, 03:33 AM	#3
shithawk420 Senior Member Join Date: Feb 2013 Location: Sunnyvale Posts: 3,286	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! __________________ I AM THE LIQUOR! MASTER OF SHITPUPPETS the only difference between me and you is a couple of drinks
	Quote 3 members found this post helpful.

07-27-2015, 04:31 AM	#4
Sisu Member Join Date: Jan 2014 Posts: 393	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. __________________ When where you are from keeps returning to you, it may be time to go back
	Quote

07-27-2015, 04:38 AM	#5
aridbud automeister Join Date: May 2013 Location: the best place on earth Posts: 5,589	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. __________________ Seeds have the power to preserve species, to enhance cultural as well as genetic diversity, to counter economic monopoly and to check the advance of conformity on all its many fronts. Michael Pollan Happiness held is the seed; Happiness shared is the flower. John Harrigan Instant gratification takes too long. Carrie Fisher - RIP. *afterthought autos* We are passionate breeders of unique quality cannabis autoflower hybrid seeds at down to earth prices; now 11 years running! https://www.icmag.com/ic/forumdisplay.php?f=65770 Last edited by aridbud; 07-27-2015 at 03:49 PM.. Reason: added info
	Quote 1 members found this post helpful.

08-25-2015, 04:14 AM	#7
shaggyballs Senior Member Join Date: Nov 2012 Location: Hold your hand up...right about there! Posts: 1,975	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! __________________ Vote no to legalize cannabis or else! HydroBuddy Nute calculator Ins and outs of Pythium OVERGROW FAQ SEEDPAC Politically Active Cannabis Fighting for Michigan's Medical Marihuana Patients and Caregivers rights I am free because I know that I alone am morally responsible for everything I do. I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do.
	Quote 1 members found this post helpful.

08-25-2015, 08:52 AM	#8
MIway Registered User Join Date: Mar 2011 Location: Medicated State Posts: 1,831	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...
	Quote

08-27-2015, 07:59 AM	#10
MIway Registered User Join Date: Mar 2011 Location: Medicated State Posts: 1,831	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... https://www.michiganouidefense.com/Ar...t_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.
	Quote