New Michigan Law - if THC is in your system, you're DUI.

Discussion in 'Marijuana' started by Grim, Jun 27, 2006.

  1. Grim

    Grim Wandering Wonderer

    The article is here:
    Here

    And I'll cut and paste it, as it's pretty short.
    Controversial ruling involves how long marijuana remains in body.



    LANSING (AP) -- Drivers with a long-lasting chemical found in the body after marijuana use can be charged with operating a vehicle while intoxicated, the Michigan Supreme Court has ruled.

    In a 4-3 decision released Wednesday, the court ruled that 11-carboxy-THC, which is released when the body breaks down the marijuana's psychoactive ingredient THC, is a Schedule 1 controlled substance.

    The court also ruled prosecutors do not have to prove beyond a reasonable doubt a person is intoxicated, only that the chemical is in the body.

    Chief Justice Clifford Taylor and Justices Maura Corrigan, Robert Young Jr. and Stephen Markman signed the opinion.

    Justices Michael Cavanagh, Elizabeth Weaver and Marilyn Kelly dissented. They wrote that the ruling will affect anyone with the substance in their body no matter how long ago ingestion occurred or how it happened.

    The ruling ignores comparable federal law and "creates tremendous potential for arbitrary and discriminatory enforcement," the dissenting justices said.

    The opinion overturns a Court of Appeals ruling that found 11-carboxy-THC is not a Schedule 1 controlled substance.

    The ruling came in two cases. One involved a woman who lost control of her vehicle in Grand Traverse County, killing one woman and paralyzing two children.

    The other case involved a man in Jackson County who was stopped by police for driving erratically.

    ---------------------------------------------


    That's it. Pretty awful, in my opinion. The scary part is the bit about not needing to prove someone is intoxicated, only that the chemical is in the body at all.
     
  2. Another one bites the dust. More and more freedom is taken away from us everyday. Disgusting is what it is.
     
  3. yea.. its funny... here in minnesota you can have up to 42.5G and get no more than a $300 ticket... but if you get pulled over and you're high you can get a DUID
     
  4. Pmeth

    Pmeth Member

    Its sad , stupid goverments...
    i got arested for less then a gram of hash and im 15 years old and i might go to jail how god damn stupid is that?!?!?!?
     
  5. Willy_Wonka_27

    Willy_Wonka_27 Surrender to the Flow

    please get a lawyer.. you can pretty much get off for anything if you have a good lawyer!
     
  6. Willy_Wonka_27

    Willy_Wonka_27 Surrender to the Flow

    we in PA have the DUID law. but ive never heard of it enforced here
     
  7. sourdiesel06

    sourdiesel06 Member

    That's nothing new. Did you know if you're involved in an accident and some one can't leave the scene of the accident under their own power they drug test both of the drivers and if you have THC in your blood from a week ago you get a DUI. So you could be sitting at a red light, minding your own business and if someone rear ends you and you break your leg, not only will you get a DUI, but you will be at fault for the accident as well.
     
  8. SirTokesAlot

    SirTokesAlot Lives

    Jail?

    ...i got one thing to say to that..

    [​IMG]
     
  9. SLammon420

    SLammon420 Senior Member

    You're not gonna go to jail, man. Don't worry about that. The most you're likely to get is a probation sentence of about 6 months and maybe some drug classes.
     
  10. right... you cant goto jail at 15... you can goto Juvey... but i highly doubt that either... unless this is a multiple offence... but like Slammon said.. you'll more than likely get probation and some gay classes
     
  11. MadEyeMoody

    MadEyeMoody Member

    those dudes havent even smoked grass so they culd know but here we live in the paradise
     
  12. EnterTheFarside

    EnterTheFarside the cats pajamas

    damn, that sucks.

    does that include if you test positive for THC which has been in your system for weeks?
     
  13. jean_genie

    jean_genie psychedelic saturday

    i dont really know how strict it is in america, i didnt smoke when i lived there, but now im back in england and i do light up often enough i no its not that strict at all, i could walk down the street smokin a joint and i wouldnt worry too much about it (obviously i would worry if i walked past a cop)

    a couple kids from my school were caught with a decent amount of green and they got less than a weeks suspension

    i guess things are just different here
     
  14. WhisperingWoods

    WhisperingWoods too far gone

    That law really pisses me off. They shouldn't be able to do that.
     
  15. towelie21

    towelie21 Member

    laws like this are always written in the broadest of terms so they can be interpreted however they'd like. so sadly, it COULD mean that. Probably wouldn't though
     
  16. SLammon420

    SLammon420 Senior Member

    Once again, Captain Obvious comes to the rescue. haha just kiddin'.
     
  17. SLammon420

    SLammon420 Senior Member

    Well, you can walk down the street here burning one until the cops get involved.
     
  18. WhisperingWoods

    WhisperingWoods too far gone

    I reserve the right to chime in with my useless and redundant opinion.
     
  19. SLammon420

    SLammon420 Senior Member

  20. sacrament32

    sacrament32 Member

    America Rocks Yea! ;)
     

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