COURT: TRACE OF POT IS ENOUGH (from NORML)

[rumandromanism]

COURT: TRACE OF POT IS ENOUGH
by Patrick Sullivan, (Source:Traverse City Record-Eagle)
Regional News

22 Jun 2006

Michigan
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Motorists Can Be Charged Even If Not Intoxicated

TRAVERSE CITY -- Any trace of marijuana in a driver's blood could mean stiff penalties after a crash if someone is injured and killed, even if the driver was not impaired, a sharply divided state Supreme Court ruled.

The decision came after the court considered two cases, including a Grand Traverse County case of a woman who lost control of her sport utility vehicle in snowy conditions on M-72 and crashed into a car. The crash killed a passenger in the car and left two girls, then 10 and 11 years old, paralyzed.

Delores Marie Derror faces charges of operating a vehicle under the influence of drugs causing death and three charges of causing serious injury.

In a reversal of a Court of Appeals decision that came last year, the Supreme Court in a 4-3 decision found that a metabolite of THC -- the psychoactive substance in marijuana -- found in a driver's blood is enough to support the charges, even though the THC metabolite does not indicate intoxication.

In a decision written by Justice Maura D. Corrigan and signed by justices Clifford W. Taylor, Robert P. Young, Jr., and Stephen J. Markman, the court found that the Legislature's intent was to criminalize driving with any amount of a schedule 1 controlled substance in a person's body.

"It is irrelevant that a person who is no longer 'under the influence' of marijuana could be prosecuted under the statute," Corrigan wrote. "If the Legislature had intended to prosecute only people who were under the influence while driving, it could have written the statute accordingly."

Grand Traverse County Prosecutor Alan Schneider said he was pleased the issue has been finally resolved.

"The THC metabolite was an ... issue that had not been addressed before, so our obligation was to litigate it fully and take it to the highest court and let them make a decision," he said.

"Now we will go back to where we were and it will be set for a trial."

The dissenting opinion, written by Justice Michael F. Cavanagh and signed by justices Elizabeth A. Weaver and Marilyn Kelly, called the majority's interpretation unconstitutional.

"This means that weeks, months, and even years after marijuana was ingested, and long after any risk of impairment has passed, a person cannot drive a car without breaking the law if a test can detect the presence of 11-carboxy-THC," Cavanagh wrote.

[Gag On Grass]

well, guess that gives me reason to never drive

But, this is dumb. Damn 5% of our kind (potheads :P) Have to makes shit more and more strict on us by doing stupid things like this. Thing is though, i doubt weed caused that car accident, because it's not like weed affects driving like alcohol. Anyway, i don't need to explain, you all know what i mean

[rumandromanism]

Originally Posted by Gag On Grass

well, guess that gives me reason to never drive

But, this is dumb. Damn 5% of our kind (potheads :P) Have to makes shit more and more strict on us by doing stupid things like this. Thing is though, i doubt weed caused that car accident, because it's not like weed affects driving like alcohol. Anyway, i don't need to explain, you all know what i mean

Whats really retarded is this isn't dealing with driving while high. It's HAVING A TRACE OF THC IN YOUR BLOOD. Which means 20 days after smoking and getting into an accident, you can still be fucked by the law. This makes me sick. Just sick.

[WookiesAreCool]

It obviously means a lack of understanding to what this drug is and how it works.

[Alphå]

Lets burn this mother fucker down pookie! Burn it down! Burn mother fucker!

WookiesAreCool (and yes they are), I agree 100%.

THe problem is that we have POILITICIANS and JUDGES, not SCIENTISTS making the laws.

Motorists can be prosecuted for driving under the influence of drugs if they test positive for any trace of marijuana, even weeks after they smoked it, the Michigan Supreme Court has ruled. Do you agree with the ruling?
Click here to vote

Pot smokers beware! That joint you smoked four weeks ago could come back to haunt you under a ruling by the Michigan Supreme Court.

In a 4-3 vote, the court ruled that motorists can be prosecuted for driving under the influence of drugs if they test positive for any trace of marijuana, including a metabolized remnant that experts say can stay in a person's system for weeks after the smoke.




This is complete bullshit. I guess I will just do cocaine and heroin since it leaves my system within a few days... *sarcastic. I live in Michigan too.