Mich. Court Breaks New Ground In Marijuana Case

[HerbRx]

http://www.chicagotribune.com/news/chi-ap-mi-marijuana-pedestr,0,3149418.story

 

 

LANSING, Mich. —

The Michigan Supreme Court has overturned parts of a motorist's conviction in the death of a pedestrian who was drunk and walking in the road.

 

The court said Tuesday a Washtenaw County jury in 2005 should have been allowed to hear the victim had been drinking, just like driver George Feezel.

 

In the same case, the Supreme Court's liberal majority also said it's not illegal to drive while having a marijuana byproduct in the body. The court says "11-carboxy-THC" can't be considered a controlled substance under Michigan law.

 

 

 

The justices say it's a byproduct created when the body breaks down marijuana's active ingredient. The court ruled differently in 2006 when it had a conservative majority and faced the issue in another case.

[MLM]

http://www.chicagotr...rijuana-pedestr,0,3149418.story

 

 

LANSING, Mich. —

The Michigan Supreme Court has overturned parts of a motorist's conviction in the death of a pedestrian who was drunk and walking in the road.

 

The court said Tuesday a Washtenaw County jury in 2005 should have been allowed to hear the victim had been drinking, just like driver George Feezel.

 

In the same case, the Supreme Court's liberal majority also said it's not illegal to drive while having a marijuana byproduct in the body. The court says "11-carboxy-THC" can't be considered a controlled substance under Michigan law.

 

 

 

The justices say it's a byproduct created when the body breaks down marijuana's active ingredient. The court ruled differently in 2006 when it had a conservative majority and faced the issue in another case.

 

Nice! Thanks for the info.

[greenbuddha]

"In the same case, the Supreme Court's liberal majority also said it's not illegal to drive while having a marijuana byproduct in the body. The court says "11-carboxy-THC" can't be considered a controlled substance under Michigan law."

 

 

Great news. Thanks for the post.

 

AND another example of WHY we need to VOTE this November.

 

The pols we elect put the judges in place that make the legal decisions about our lives.

 

VOTE THIS NOVEMBER after doing a little research on what the pols running for office feel about our MMJ law.

 

The pols in Montana are trying to reverse the MMJ law there that was voted in by a large majority of the people.

 

Fore warned and all that...

[UrbanFarmer]

... the Supreme Court's liberal majority ...

 

Some of you may not like this, but this not the kind of ruling you will get if you have a Republican governor appointing conservatives to the court.

 

"Liberal" is not a bad thing, lol.

[dlovas]

Some of you may not like this, but this not the kind of ruling you will get if you have a Republican governor appointing conservatives to the court.

 

"Liberal" is not a bad thing, lol.

I cannot wait to vote for the Detroit legalization. A big step forwards.

[MrShpongle]

Some of you may not like this, but this not the kind of ruling you will get if you have a Republican governor appointing conservatives to the court.

 

"Liberal" is not a bad thing, lol.

 

Michigan state supreme court justices are elected by the people, not appointed by the governor. That said, I agree with your point. Trying to find a 420-friendly Republican politician is like looking for a virgin in a brothel.

[greenbuddha]

Michigan state supreme court justices are elected by the people, not appointed by the governor. That said, I agree with your point. Trying to find a 420-friendly Republican politician is like looking for a virgin in a brothel.

 

 

 

Some judges are appointed... some judges are elected... VOTE THIS NOVEMBER!!!!

 

The pols AND the judges 'WILL' have an affect on your life... count on it.

[Nemosity]

Michigan state supreme court justices are elected by the people, not appointed by the governor. That said, I agree with your point. Trying to find a 420-friendly Republican politician is like looking for a virgin in a brothel.

 

 

What?? They all said they were virgins!!

[Guest Wayne]

This coming election cycle may be more important than the passage of Proposal 1. We have an opportunity to solidify what we have gained, or let it slip through our fingers. This community alone can not possibly accomplish this task. So get out and spread the word, including the voter slap in the face positions of the opposition. We need to get the attention of the 63% that supported us and hope they stay with us. Given events since November 4, 2008 this could be a make or break situation. Impossible is not part of any equation when it comes to cannabis rights. Act like your life depends on it.

[bobandtorey]

This coming election cycle may be more important than the passage of Proposal 1. We have an opportunity to solidify what we have gained, or let it slip through our fingers. This community alone can not possibly accomplish this task. So get out and spread the word, including the voter slap in the face positions of the opposition. We need to get the attention of the 63% that supported us and hope they stay with us. Given events since November 4, 2008 this could be a make or break situation. Impossible is not part of any equation when it comes to cannabis rights. Act like your life depends on it.

 

thanks is their a primaries in Aug?

[bobandtorey]

so it looks like we will be FREE one day can't Waite till court is over it's been a long time over 1 year already it is time

[2d]

Derror overturned!

 

Great news for patients.

 

http://www.courts.michigan.gov/supremecourt/Clerk/10-09/138031/138031-Opinion.pdf

 

>>As previously explained, Derror was wrongly decided. Applying the three-part

Robinson test, we further conclude that the doctrine of stare decisis does not support

upholding Derror.

The first factor weighs heavily in favor of overruling Derror because the decision

defies practicable workability given its tremendous potential for arbitrary and

discriminatory enforcement based on the “whims of police and prosecutors.” Derror,

475 Mich at 358-359 (CAVANAGH, J., dissenting). “The United States Supreme Court

has recognized that a critical aspect of the vagueness doctrine is ‘“the requirement that a

legislature establish minimal guidelines to govern law enforcement.”’” Id. at 359,

quoting Kolender v Lawson, 461 US 352, 358; 103 S Ct 1855; 75 L Ed 2d 903 (1983)

(citation omitted). In fact, the Court has stated that when “the legislature fails to provide

such minimal guidelines, a criminal statute may permit ‘a standardless sweep [that]

allows policemen, prosecutors, and juries to pursue their personal predilections.’”

Kolender, 461 US at 358 (citation omitted). The Derror majority’s interpretation of the

statute, however, allows a person to be prosecuted for driving with any amount of 11-

carboxy-THC in the person’s system, even though the metabolite has no pharmacological

effects. As a result, a prosecutor could “choose to charge a person found to have 0.01

nanograms of 11-carboxy-THC in his system” if the prosecutor so desires. Derror, 475

Mich at 359 (CAVANAGH, J., dissenting). In addition, “whether a person is deemed to

have any amount of 11-carboxy-THC in his system depends on whatever cutoff standard

for detection is set by the laboratory doing the testing.” Id. at 356. As a result, Michigan

citizens cannot be sure of what conduct will be deemed criminal.15

Moreover, in 2008 the people of the state of Michigan legalized the use of

marijuana in limited circumstances. The Michigan Medical Marihuana Act declared that

“changing state law will have the practical effect of protecting from arrest the vast

majority of seriously ill people who have a medical need to use marihuana.” MCL

333.26422. Under the majority’s interpretation of the statute in Derror, however,

individuals who use marijuana for medicinal purposes will be prohibited from driving

long after the person is no longer impaired. Indeed, in this case, experts testified that, on

average, the metabolite could remain in a person’s blood for 18 hours and in a person’s

urine for up to 4 weeks. See, also, Derror, 475 Mich at 321-322, and id. at 356

(CAVANAGH, J., dissenting) (stating that 11-carboxy-THC could remain in a person’s

blood for a long period after the THC is gone and could remain in a person’s system for

weeks after the marijuana was ingested). And if scientific testing develops to “detect 11-

carboxy-THC from marijuana that was ingested one year ago, ten years ago, or 20 years

ago, it is . . . a crime to drive . . . .” Id. at 358 (CAVANAGH, J., dissenting). As a result,

long after any possible impairment from ingesting marijuana has worn off, a person still

cannot drive according” to the Derror majority’s interpretation of the statute. Id. at 356.

Thus, under Derror, an individual who only has 11-carboxy-THC in his or her system is

prohibited from driving and, at the whim of police and prosecutors, can be criminally

responsible for choosing to do so even if the person has a minuscule amount of the

substance in his or her system. Therefore, the Derror majority’s interpretation of the

statute defies practicable workability given its tremendous potential for arbitrary and

discriminatory enforcement.<<

[______]

Holy Moly Batman,

 

This is huge. This is a really big decision in our favor. You can read the actual decision here: http://www.courts.michigan.gov/supremecourt/Clerk/10-09/138031/138031-Opinion.pdf

[greenbuddha]

so it looks like we will be FREE one day can't Waite till court is over it's been a long time over 1 year already it is time

 

B&T... we only 'become free' and 'stay free' if we stay informed and VOTE!!!!

 

THEY are not going to hand us ANYTHING!

 

WE have to make sure WE get it.

 

PLEASE.... 'VOTE"

[GregS]

Now we have that outa the way.

 

What other issues are out there on the court dockets that will require rulings? Are there any p2p cases???

[ebung69]

YEAH!!! Great info...