You are viewing an obsolete version of the DU website which is no longer supported by the Administrators. Visit The New DU.
Democratic Underground Latest Greatest Lobby Journals Search Options Help Login

Drivers take hit over pot smoking [Michigan drugged driving law] [View All]

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Latest Breaking News Donate to DU
High Plains Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-23-06 02:01 PM
Original message
Drivers take hit over pot smoking [Michigan drugged driving law]
Advertisements [?]

Drivers take hit over pot smoking

Mich. Supreme Court rules blood test showing marijuana smoked weeks ago can
be used in court.

John Wisely / The Detroit News

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.

"They are automatically guilty even though they are no longer impaired by it," said Tim Beck, executive director of the Michigan chapter of the National Organization for the Reform of Marijuana Laws, which wants the drug legalized, taxed and regulated for adult use as alcohol is. "It's not based on common sense or justice."

Officers still need probable cause to believe a crime was being committed before they can request a blood test, but motorists who refuse could be found guilty of a civil infraction and lose their license. Officers can compel a blood sample if a judge approves a search warrant for it.

The ruling stemmed from two cases. In the first case, a woman admitting smoking marijuana four hours before she crossed into oncoming traffic on a snowy road, striking another vehicle. That car's front-seat passenger was killed and three children were injured. In the second case, a man stopped for erratic driving admitted smoking marijuana 30 minutes before. In both cases, blood tests found 11 carboxy-THC, a byproduct created when the human body metabolizes marijuana. The ruling turned on the court's interpretation of the law that prohibits driving under the influence of drugs.

The four justices in the majority -- Maura Corrigan, Stephen Markman,Clifford Taylor and Robert Young -- concluded that 11 carboxy-THC is a drug under the law even though experts testified that it has "no pharmacological effect on the body and its level in the blood correlates poorly, if at all,
to an individual's level of THC-related impairment."


More at link
Printer Friendly | Permalink |  | Top

Home » Discuss » Latest Breaking News Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002
Software has been extensively modified by the DU administrators

Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC