Now why the heck does ICMag censor tinyurls?
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Michigan Cannabis DUI laws changed
- Thread starter Pythagllio
- Start date
Now why the heck does ICMag censor tinyurls?
420atheist
New member
This is great news. This law was one sticky point for patients across the state.
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
Member
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
i think it would be really hard for anyone to sneak THC metabloite in as a schedule 1 controlled substance at this point
Driving Drug Charges Limited
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.
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.
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.
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!
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.
Fucking hypocrites.
Anyway, this is a step in the right direction at least.
Skyhigh420
Member
Drugged driving law in Michigan overturned!
Drugged driving law in Michigan overturned!
The infamous "Derror" decision was overturned by the Michigan Supreme Court by a 4-3 vote yesterday. The link is posted below. In simple terms, it is no longer against the law to drive a motor vehicle with marijuana metabolites in your system. You now have to be impaired in order to be convicted of "drugged driving."
http://courts.michigan.gov/supremecourt/Clerk/10-09/138031/138031-Opinion.pdf
Drugged driving law in Michigan overturned!
The infamous "Derror" decision was overturned by the Michigan Supreme Court by a 4-3 vote yesterday. The link is posted below. In simple terms, it is no longer against the law to drive a motor vehicle with marijuana metabolites in your system. You now have to be impaired in order to be convicted of "drugged driving."
http://courts.michigan.gov/supremecourt/Clerk/10-09/138031/138031-Opinion.pdf
This is the third thread started on this subject, they keep getting moved to the MI page. I must say this forum has been much less useful since the 'state by state' section was put in place. There just aren't enough users on this site to micromanage it that much IMO. Not to mention that this news has ramifications well beyond the MI state lines. The Feds have been making noises of implementing this inane rule on the whole country, and so it stands to reason that everybody has an interest in this ruling.
Skyhigh420
Member
oo yea! I didn't know there were other threads, no one goes in the state forums. This should be national news, other states need to follow suite.
C
CANNATOPIA
This is good news & a step in the right direction. Go Michigan!
