Posted on 06/22/2006 9:52:05 PM PDT by freepatriot32
Marijuana users can be arrested for drugged driving weeks after they toast a joint, the Michigan Supreme Court ruled Wednesday in a Jackson County appeal.
A veteran prosecutor hailed the ruling as a correct interpretation of the zero-tolerance law that will make enforcement easier. A longtime defense attorney said the high court has opened the floodgates on overreaching government.
"This goes to show the Supreme Court does not seem to care about individual rights," Jackson attorney Jerry Engle said.
At issue were cases from Jackson and Grand Traverse counties. The local case involved the prosecution of Dennis Kurts for driving under the influence of marijuana.
Blackman Township police in February 2004 cited Kurts, 44, of Michigan Center, after he was stopped for driving erratically. He admitted smoking marijuana, police said. The time frame in which he smoked is unclear.
A blood test did not detect the narcotic THC, or tetrahydrrocannabinol, which is in marijuana. Instead, the test showed the presence of carboxy THC, a benign product of metabolism that can remain in the blood for a month after marijuana use.
Jackson County Circuit Judge Chad Schmucker dismissed the case in 2004 on the basis that the THC remnant was not an illegal controlled substance. Wednesday's ruling sends the case back to Schmucker's court.
"The Supreme Court makes it clear carboxy THC is a controlled substance, and the Michigan Legislature says it is against the law to drive with any controlled substance in the body," said Jerrold Schrotenboer, appellate attorney for Prosecutor Hank Zavislak.
Had the ruling gone the other way, prosecutors and defense attorneys would have to offer dueling expert witnesses to argue the issue, Schrotenboer said. The high court's ruling considers the THC derivative and the actual narcotic one in the same, rather than circumstantial evidence that a driver might have been high.
"This makes it vastly easier for prosecutors to convict on drugged-driving charges," Schrotenboer said.
That alarms Engle, who argued against Schrotenboer before the Supreme Court in January. Not all police and prosecutors use discretion, and some might see the same dollar signs that drive drunken-driving convictions, Engle said. The Legislature in recent years passed fees of up to $3,500 against drunken drivers, and those same fees apply to drugged driving, he said.
"Suppose someone runs a red light into your car. The cop asks if you have smoked marijuana in the last several weeks," Engle said. "A blood test shows carboxy THC. The other guy gets a traffic ticket, and you go to jail."
Did you miss the part of my post where I said "because Paxil, Zoloft, etc. are "controlled substances?" The article states that Michigan law prohibits driving under the influence of controlled substances -- I don't need another link when it's in the article to which this thread is attached. Prescription antidepressants by definition are controlled.
Judges, not legislators, decided that THC metabolites = THC.
Yea indeed! Also, if someone drives within a month of having a drink they should go to the slammer too. Zero tolerence is good!
I hope you don't hold any elected office position. If you were ruler of the county, would you have us all submit a drug screening every week or so?
I think I'll probably end up feeling like New Sisyphus does about the piece, but on your suggestion, I will read it.
See, flattery WILL get you somewhere. 8)
Why are you so afraid of quoting the actual language of the law?
Quote the law, question beggar.
TOL said the same for LSD, except for the thousands of years part.
No, the law is a zero-tolerance law. zero means zero, not an amount that would cause intoxication.
From the Court's decision:
As stated above, the Public Health Code includes within the definition of marijuana every compound and derivative of the plant or its seeds or resin. THC is the main psychoactive substance found in the cannabis plant. 11- carboxy-THC is a metabolite of THC in that it is produced when the body metabolizes THC...It is undisputed that THC and 11-carboxy-THC are identical except that in 11-carboxy- THC, two oxygen atoms are added to and three hydrogen atoms are removed from the eleventh carbon to make it more water soluble and easier to excrete.
The law prohibits driving with a class 1 controlled substance in your system. From the article, carboxy THC was added to that list by the judges through judicial fiat.
The result may be equitable - I'm not arguing that point - but the method is more than suspect.
BTW - "zero tolerance" equates to "zero intelligence".
Right. Anyone who chooses to stop arguing with a illogical opponent has folded?
Congratulations on your self-aggrandizing delusion. Until you learn the rules of logic, you will have a hard time actually winning any of these debates.
He's not here to win the debate, he's here to keep one from happening.
Don't believe everything you read, particularly in the Russian press ;)
*My apologies if you were posting that story as a joke
Can we start by shooting drunk drivers?
Soouds like Michigan has criminalized the posession and consumption of cellulose and chlorophyl.
LOL! The Kennedys would be out of office by default if that happened!!
Actully you are the one who should be reading more critically.
I would rather take my chances on the Russian press than the mainstream liberal drive by press.
"The active substance in cannabis, thujone, creates Atrial natriuretic peptides which stimulates the consequent reactions in the body."
You learn something new every day!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.