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Driving And Mm, Hypothetical Situation.


cigarilloz

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hey im a patient n just have a hypothetical situation. ur driving stoned or not but obliviously have marijuana in your system, a oncoming car crosses the center lane hits ur car n that person dies, they have nothing in there system, just feel asleep at the wheel we will say. now when a fatal accident happens i believe you have to get ur blood drawn to see if any drugs are in ur system. they see u have cannabis in ur blood n even though ur a patient im amusing u can still get messed over?

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Yep .. any THC in your blood AT ALL would leave you with a minimum of some very big lawyer bills.

 

The metabolites would not be as much of a problem as the Michigan Supreme Court has ruled, this year, that metabolites are not a schedule 1 substance.

 

So if the only thing they find is the long lasting metabolites, then it will be easier for you.

 

If they find any THC, then you're in the right place for a legal fight.

 

This is one legal "gray area" about our new law. They put into the law that we can't drive while under the influence of cannabis. Yet they didn't define exactly what that is.

 

Old law says that any detection of THC would be a felony.

The mmj law might modify that to where something else besides blood testing is required. Such as some evidence that could be introduced that would show that you were intoxicated.

 

It seems logical that the second way will be where the courts settle out. But someone elses crystal ball could be better than mine.

 

Some courts (at least one that I know of) have ruled the second way and dismissed the case.

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