Jump to content

From The Mich. Supreme Court--No More Worries About Zero Tolerance.


Guest CaveatLector

Recommended Posts

Guest CaveatLector

Yes I know there is a thread about this already but before things get lost in the mish-mash of responses I figured I would post the link to the Michigan Supreme Court opinion here. There has been much discussion on this site regarding zero tolerance and now we finally have a definitive decision to put people's minds at ease. This is a big deal...

 

Read the court opinion here:

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

 

 

Or if you don't want to read the entire opinion then just take a look at this!

 

"We hold that 11-carboxy-THC is not a schedule 1 controlled substance under

MCL 333.7212 and, therefore, a person cannot be prosecuted under MCL 257.625(8) for

operating a motor vehicle with any amount of 11-carboxy-THC in his or her system."

 

Music to your ears?

Link to comment
Share on other sites

Yes I know there is a thread about this already but before things get lost in the mish-mash of responses I figured I would post the link to the Michigan Supreme Court opinion here. There has been much discussion on this site regarding zero tolerance and now we finally have a definitive decision to put people's minds at ease. This is a big deal...

 

Read the court opinion here:

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

 

 

Or if you don't want to read the entire opinion then just take a look at this!

 

"We hold that 11-carboxy-THC is not a schedule 1 controlled substance under

MCL 333.7212 and, therefore, a person cannot be prosecuted under MCL 257.625(8) for

operating a motor vehicle with any amount of 11-carboxy-THC in his or her system."

 

Music to your ears?

yes, and im loving the tune evn if u played it twice lol still worth hearing

Link to comment
Share on other sites

IV. CONCLUSION.

In enacting MCL 333.7212, the Legislature made the policy decision to include

marijuana “and every . . . derivative” of marijuana36 in the list of schedule 1 controlled

36 MCL 333.7106(3) (emphasis added).

12

substances. The Legislature, furthermore, forbade anyone to operate a vehicle with “any

amount” of a schedule 1 controlled substance—such as a derivative of marijuana—in his

or her body.37 This Court’s decision in Derror correctly determined that the metabolite

11-carboxy-THC is a “derivative” of the marijuana. The determination by the majority of

justices to overrule Derror is not only ill considered, but also usurps the clear policy

choices of the people of Michigan. It is undisputed that there was actual THC in

defendant’s bloodstream. Therefore, whether derivatives of THC are also prohibited is

not a question that is necessary for this Court to reach in this case. This decision is thus

indicative of the new majority’s willfulness to overrule cases with which it disagrees.

Accordingly, I vigorously dissent from the decision to overrule Derror.

 

Can you please tell me what this "Conclusion" means?

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...