Mi Supreme Court: Legal To Drive With Thc Metabolites In Body

[MaryJ]

MI Supreme Court: Legal To Drive With THC Metabolites In Body Share By Steve Elliott in Legislation, News Wednesday, Jun. 9 2010

 

​Michigan drivers can no longer be convicted for the simple presence of THC byproducts in their bodies after smoking marijuana. The Michigan Supreme Court's liberal majority ruled Tuesday that it is not illegal to drive while having marijuana byproducts internally.

 

 

Until Tuesday's ruling, if you smoked a joint over the weekend and then got drug tested on Monday morning -- or even a month later -- you could be convicted of "Driving Under the Influence of Drugs" (DUID), even if you are no longer high, just because inactive chemical traces of THC remain in your bloodstream.

 

 

According to the court, 11-carboxy-THC, a metabolite of tetrahydrocannabinol, one of the main active ingredients in marijuana, cannot be considered a controlled substance under Michigan law, according to The Associated Press.

 

 

The justices ruled that 11-carboxy-THC is a byproduct created when the body breaks down (metabolizes) THC.

 

 

The court had ruled differently in 2006, when it had a conservative majority and faced the same issue in another case.

 

 

According to the court in that consolidated case, Derror v. Michigan and Kurts v. Michigan, actual innocence of driving while impaired was "irrelevant."

 

 

In both those cases, police charged the defendants under the Michigan DUID law based on the presence of marijuana metabolites, inert by-products of the body's breakdown of THC, in their blood.

 

 

The presence of cannabis metabolites does not mean a person is impaired or under the influence of marijuana; it just indicates that the individual ingested THC at some time in the past 30 days or so.

 

 

From the time of that ruling in 2006 until Tuesday's decision, any Michigan driver who had smoked pot in the past few days, or in the case of heavier smokers, in the past month or so, was subject to a DUID arrest based on the presence of the metabolites, which do not actually indicate impairment

[FloridityNow]

So which law is applied then in real world Michigan? The state law (where MMJ patients are considered dangerous and therefore guilty until proven innocent), or the federal law that projects zero tolerance for drivers discovered as MJ doers?

[+wolfgang]

is that mean 1/2 hour after one has used or three hours? who determines that and how can one tell?

[porcupine]

This was a major victory for the community as this could also set precident for on the job injury drug tests and possibly even pre-employment drug screens eventually. This could mean in the future that people such as Joseph at Walmart would not lose their job if the actual THC is not in their system at the time of testing.

[tamara101972]

wow, that's potentially great news

[imiubu]

Thank you for this post!

I had been hearing rumors

to this affect but, don't know

where exactly to go to verify

such things. I am glad for

all the persons like yourself

who stay on top of any such

matters concerning our mmj

rights etc..., then take the time

to post here for the community

to stay informed. Myself and

probably many others would

never know, outside of rumor

what is truth and what is not,

if not for these great posts.

Thanks again to you and all

who put their time and effort

into helping the community as

a whole.

peace

[porcupine]

Thank you for this post!

I had been hearing rumors

to this affect but, don't know

where exactly to go to verify

such things. I am glad for

all the persons like yourself

who stay on top of any such

matters concerning our mmj

rights etc..., then take the time

to post here for the community

to stay informed. Myself and

probably many others would

never know, outside of rumor

what is truth and what is not,

if not for these great posts.

Thanks again to you and all

who put their time and effort

into helping the community as

a whole.

peace

If you haven't yet, then please run and join Minoml. Subscribe to their talklist and you will learn many of these things, and much, much, more on the legal front as it happens, while supporting a worthy group. I believe it is only $15.00 a year and it includes membership to the national Norml and a quarterly newsletter. I think for an extra $10.00 you get a t-shirt. These guys are on the legal front line, and several notable Michigan attorneys post there. There are also local county chapters that have events for medical marihuana, although their long term goal is total legalization.

THIS WILL BE THE BEST $15.00 YOU WILL EVER SPEND!!!

http://minorml.org/

[imiubu]

If you haven't yet, then please run and join Minoml. Subscribe to their talklist and you will learn many of these things, and much, much, more on the legal front as it happens, while supporting a worthy group. I believe it is only $15.00 a year and it includes membership to the national Norml and a quarterly newsletter. I think for an extra $10.00 you get a t-shirt. These guys are on the legal front line, and several notable Michigan attorneys post there. There are also local county chapters that have events for medical marihuana, although their long term goal is total legalization.

THIS WILL BE THE BEST $15.00 YOU WILL EVER SPEND!!!

http://minorml.org/

Duh, I've been to both sites and have even sent out some

pre-written emails for various issues etc... I will be a member

soon and even picked out the T's I'll be sporting

I feel bad about being behind on the news as I do get bogged

down and often aren't able to catch up on everything.

I have now put both sites into my morning "routine"!

Thanks again

 

peace

Edited October 12, 2012 by imiubu

[imiubu]

Duh, I've been to both sites and have even sent out some

pre-written emails for various issues etc... I will be a member

soon and even picked out the T's I'll be sporting

I feel bad about being behind on the news as I do get bogged

down and often aren't able to catch up on everything.

I have now put both sites into my morning "routine"!

Thanks again

peace

So now, I have come to 3 different post that I have made and

have found "neg" reps. Is there something that I've said that

offended someone that they are just going in and bad repping

me just because?? I would like to know what I said that deserves

this treatment?

peace

[truthBOMB]

now you can just never, ever, EVER, EVER admit you are "medicated while driving"

[MuskegonMMJ]

Thanks, MaryJ.

 

For those who want the legalese:

 

Michigan Supreme Court

 

People v Feezel

 

Docket # 138031

June 8,2010

 

The next issue presented in this appeal is whether defendant’s conviction under MCL 257.625(4) and (8) was proper. In Derror, a majority of this Court held that 11-carboxy-THC, a byproduct of metabolism created when the body breaks down the psychoactive ingredient of marijuana, is a schedule 1 controlled substance under MCL 333.7212 of the Public Health Code. Derror, 475 Mich at 319-320. Derror also clarified Schaefer by holding that in prosecutions involving a violation of MCL 257.625(8), “the prosecution is not required to prove beyond a reasonable doubt that a defendant knew he or she might be intoxicated” because the section does not require intoxication or impairment. Id. at 334. Thus, because the prosecution need only establish that a defendant had any amount of a schedule 1 controlled substance in his or her body while operating a motor vehicle, under Derror, a person who operates a motor vehicle with the presence of any amount of 11-carboxy-THC in his or her system violates MCL 257.625(8). Id. at 320.

 

 

We hold that 11-carboxy-THC is not a schedule 1 controlled substance under MCL 333.7212 and, therefore, a person cannot be prosecuted under MCL 257.625(8) for operating a motor vehicle with any amount of 11-carboxy-THC in his or her system. As a result, Derror was wrongly decided, and because the doctrine of stare decisis supports overruling Derror, we overrule Derror to the extent that it is inconsistent with this opinion.

[boroboro]

Do the tests commonly done by the police in Michigan test only for 11-carboxy-THC, or other forms of THC or its derivatives?

[wildman69]

As far as I know its only "11-carboxy-THC" and its what they have tested for since they started testing way way back. Thing of it is, its not actually the THC its a metabolite from your body processing THC.

 

Peace

[Otsego County Caregiver]

I hadn't heard about this. This is wonderful news.

 

Especially since I had heard some scuttlebutt around town that the local cops were sure that people with MM cards couldn't drive and were itching to pull someone over with one.

[MaryJ]

Thanks, MaryJ.

 

For those who want the legalese:

 

Michigan Supreme Court

 

People v Feezel

 

Docket # 138031

June 8,2010

 

The next issue presented in this appeal is whether defendant’s conviction under MCL 257.625(4) and (8) was proper. In Derror, a majority of this Court held that 11-carboxy-THC, a byproduct of metabolism created when the body breaks down the psychoactive ingredient of marijuana, is a schedule 1 controlled substance under MCL 333.7212 of the Public Health Code. Derror, 475 Mich at 319-320. Derror also clarified Schaefer by holding that in prosecutions involving a violation of MCL 257.625(8), “the prosecution is not required to prove beyond a reasonable doubt that a defendant knew he or she might be intoxicated” because the section does not require intoxication or impairment. Id. at 334. Thus, because the prosecution need only establish that a defendant had any amount of a schedule 1 controlled substance in his or her body while operating a motor vehicle, under Derror, a person who operates a motor vehicle with the presence of any amount of 11-carboxy-THC in his or her system violates MCL 257.625(8). Id. at 320.

 

 

We hold that 11-carboxy-THC is not a schedule 1 controlled substance under MCL 333.7212 and, therefore, a person cannot be prosecuted under MCL 257.625(8) for operating a motor vehicle with any amount of 11-carboxy-THC in his or her system. As a result, Derror was wrongly decided, and because the doctrine of stare decisis supports overruling Derror, we overrule Derror to the extent that it is inconsistent with this opinion.

So tell me if you are pulled over and arrested for a DUID (MMJ) do they have a case?

[cc420]

So tell me if you are pulled over and arrested for a DUID (MMJ) do they have a case?

 

 

I would have to say yes!! My friend who is a patient, is getting charged with possesion (3grams) and driving under the influence of mj, even though she she had not medicated for 8 hours before, and has all the documentation & the information from the mi supreme court, livingston county is trying to screw her hard, the court appointed(she cannot afford another att.) lawyer she has told her that she would at least do 10 days in jail, be on tether for at least 3 months, and probation at least a year, because as long as the mj is in your system they can charge you, this is all happening now after the supreme court ruling. Makes no sense, so are they just making it legal to screw us.

[peanutbutter]

Do the tests commonly done by the police in Michigan test only for 11-carboxy-THC, or other forms of THC or its derivatives?

 

Urine testing can only detect the metabolites. There is little or no THC in the urine. What comes out your bladder are the decomposed waste by products of cannabinoids.

 

A blood draw will show the actual THC content at that exact moment.

[peanutbutter]

So which law is applied then in real world Michigan? The state law (where MMJ patients are considered dangerous and therefore guilty until proven innocent), or the federal law that projects zero tolerance for drivers discovered as MJ doers?

 

You have it backwards.

 

The federal law does not have a zero tolerance. Michigan law does.

[Zombiefied]

Either way, our Canna-law says that any law that conflicts with the Canna-law is void. It states that you can NOT drive while intoxicated in the law but when your not intoxicated then you are free to drive. It is up to the officer to prove your intoxication level as 11-carboxy-THC does not intoxicate you, THC does, so they need to first and foremost, find you to be under the influence of Cannabis, then they would have to take you to a hospital to get a blood draw. If that blood draw comes back with THC then your screwed if no THC he should then let you go. If the officer skips these steps then your case should be thrown out very easily. Now that is how it should go, but we all know that Cops, Judges, and Prosecutors all protect each other and try to screw you in every way. My advice, NEVER TAKE A "PLEA DEAL" and if found guilty APPEAL, APPEAL, APPEAL! Take it to the Supreme Court!

[FloridityNow]

Peanutbutter, saying I have it "backwards" on an archived topic. My biggest laugh of the day, for sure. And just for responding, I'm giving myself a negative vote.

[legacy]

For those who want the legalese:

 

Michigan Supreme Court

 

People v Feezel

 

Docket # 138031

June 8,2010

 

That case link doesn't work, but this one does (at least for now)... http://publicdocs.courts.mi.gov:81/opinions/final/sct/20100608_s138031_71_feezel-op.pdf

[switchfoot2]

Thanks for this post! This is a huge win. We just need to keep pressing at issues like these and we can expect results. This more recent ruling reflects goes to show how ignorant the prior ruling was. It makes people think twice if they are actually educated about something. We must keep educating people and we can expect things to change even more.