Schuette Joins Prosecutor In Marijuana Driving Appeal

[thanks2]

http://www.9and10news.com/Category/Story/?id=284128&cID=1

 

 

Michigan A.G. Joins Grand Traverse Prosecutor in Marijuana Driving Appeal

Posted: 3/8/2011

Today, Michigan Attorney General Bill Shuette announced his support of the Grand Traverse Prosecutor's Office for an appeals case.

 

The case is against a medical marijuana user who was caught driving with marijuana in his system.

 

The man was pulled over for speeding in February 2010 and admitted to smoking marijuana earlier that day. Blood tests showed active THC in his system, a chemical found in marijuana.

 

In May, the man was charged by the Grand Traverse Prosecutor's office for driving under the influence of a drug.

 

After the charge the Grand Traverse County courts concluded that the Michigan Medical Marijuana Act wording superseded the motor vehicle code and required the prosecutor to demonstrate the man was actually impaired by the drug.

 

The courts did not allow the Prosecutor to explain that the motor vehicle code prohibits any presence of drugs in a driver's system.

 

The trial has now been postponed while the Prosecutor pursues the appeal.

 

Stay with 9&10 News for the latest developments in this story.

[solabeirtan]

Very sad. As broke as we are supposed to be, this is another boondoggle by the MI Politicians against the Citizens of the State of MI. Was it an Injury / Accident case ? No it's a speeding ticket being trumped up to impaired driving. Let him plead to the charge and move on! wtf ? .... peace

[Guest finallyfree09]

didn't the supreme court rule on this already???

[+washtenaut]

I could be wrong but I thought the court ruled that the mere presence of THC metabolites in the blood was not reason enough to assume impairment. I think they may be talking about zero tolerance of THC. Almost any patient will have some level above zero.

 

If you'd like to share your thoughts on this issue with Attorney General Bill Schuette, who acts as our chief prosecutor in the state, I have included his contact information below.

 

Attorney General Bill Schuette

P.O. Box 30212

Lansing, MI 48909

 

Phone: (517) 373-1110

 

Email: miag@michigan.gov

 

 

 

Here's a letter that I am going to email. Feel free to copy any or all for your own email/letter. Thanks.

 

 

3/9/2011

 

Mr. Bill Schuette

Attorney General Michigan

 

 

Mr. Schuette:

 

I understand that on a personal level you have opposed the use of marijuana as a medicine. I am writing today not on that personal level, but instead concerning your professional duties as Michigan's Attorney General to treat ALL Michiganders equally under the law. It appears that your personal feelings concerning medical marijuana may be affecting your ability to do that. With your support of the Grand Traverse prosecutor's appeal efforts it appears that you are actually promoting discrimination against a group of law abiding Michiganders.

 

If our state will allow users of every prescription and over the counter medication to drive a motor vehicle as long as they are not impaired and allows users of alcohol to drive as long as they are not impaired, it is only reasonable to expect that users of medical marijuana should be allowed to operate motor vehicles as long as they are not impaired. Zero tolerance of THC or THC metabolites in drivers would seem to indicate that the state is singling out this group of citizens for uncommon, harsh, and unequal treatment.

 

As with any legal or illegal drug, with regular use a person learns how the drug affects them and can plan accordingly. Users of this legal medicine are no different and must be allowed to drive in order to be productive citizens.

 

I beg you to please examine scientific studies and data when devising a test for marijuana impairment. If the test is to be based on THC levels in the blood, please find volunteer medical marijuana patients (heavy daily users) and examine their blood THC levels. To set an arbitrary blood THC level without considering and examining medical marijuana patients could also be seen as discriminating against this group.

 

I hope that you will be able to rise above your personal feelings and that you will help to devise a fair policy on this issue. Thank you for your attention. I appreciate it.

 

Sincerely,

[Croppled1]

Well done ! Great letter Washtenaut..

[rockinlespaul]

Schuette is a POS.

[+EdwardGlen]

Nice letter,With this caveat. IMHO I wouldn't use the phrase 'I beg you", I implore you, I ask you, but never 'beg' for anything from an employee and that is what ALL of Lansing is OUR EMPLOYEES!

 

And we cannot let Lasing forget they work for us we are not their slaves or servants, THEY ARE PAID TO SERVE US!!!!!!

 

To Your Continued Good Health

 

Ed

 

PS: All elected officials in the state are subject to recall except judges of courts of record.

[peanutbutter]

(e) All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act.

 

The zero tolerance law forbids this.

 

Patients are not allowed to use this medicine below the amounts needed to cause intoxication.

 

If the amount that a patient uses does not cause intoxication, then the old law does not apply.

[+washtenaut]

(e) All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act.

 

The zero tolerance law forbids this.

 

Patients are not allowed to use this medicine below the amounts needed to cause intoxication.

 

If the amount that a patient uses does not cause intoxication, then the old law does not apply.

 

Somewhere down the line I think law enforcement will want something that they can measure to prove intoxication...something like blood-THC level. Whether this actually proves that a person is unfit to drive is doubtful but they will want a measurement of something. This would be similar to drunk driving rules with the blood alcohol level. I hope this does not happen to patients as I am afraid most would be over when they wake up in the morning, but it sure would make sense for non-patients as opposed to zero tolerance.

 

If you step back and look at it, I don't think that any other traffic stops involving the use of other medications have drivers' blood or urine tested to determine if they are unable to drive. Isn't that currently a judgement call by the officer? The problem is that officers today jump all over marijuana patients just as they would non-patients if there is any hint of marijuana use. Do you trust the arresting officers today to make that call fairly. I'm not so sure that I do. Not sure the threshhold levels for intoxication will be placed high enough for patients though either so.....we are probably hosed.

 

Bottom line is, don't give the police any reason to stop your vehicle. Obey traffic rules like you were taking your driving test.

[shiningheartwoman]

Nice letter,With this caveat. IMHO I wouldn't use the phrase 'I beg you", I implore you, I ask you, but never 'beg' for anything from an employee and that is what ALL of Lansing is OUR EMPLOYEES!

 

And we cannot let Lasing forget they work for us we are not their slaves or servants, THEY ARE PAID TO SERVE US!!!!!!

 

To Your Continued Good Health

 

Ed

 

PS: All elected officials in the state are subject to recall except judges of courts of record.

 

 

If thats the case why did we allow Granholm to run our state as she did and most importantly why then are we allowing Gov Synder to do what hes doing??

[bobandtorey]

If thats the case why did we allow Granholm to run our state as she did and most importantly why then are we allowing Gov Synder to do what hes doing??

 

 

well i think that we should have leaned for what she did to this state so am going to do every thing i can to stop the new guy as well

[+Silverblue]

I would take out the "illegal drug" reference. I'd also never beg anyone, especially him.

 

Hello shiningheartwoman,

 

As far as who we allowed to run the state, granholm lied to us, like most do, even though she's a democrat. snyder was elected by big corporations and special interest money. See the protests going on? That proves we DON'T want to allow snyder to do what he's doing, but, he, like most of them, are IGNORING us.

 

Sb

 

[peanutbutter]

This is the season where elected officials ignore the voters .. for the most part.

 

These officials believe the voters memory is only good for about six weeks.

 

It is inside that six week period of time that they listen to the voters. They do so because they need our votes to get into office.

 

It doesn't matter if you pack the hall with a thousand people yelling at the top of their voice.

 

What matters during the off seasons is "the deal." Not "the voters."

[bobandtorey]

This is the season where elected officials ignore the voters .. for the most part.

 

These officials believe the voters memory is only good for about six weeks.

 

It is inside that six week period of time that they listen to the voters. They do so because they need our votes to get into office.

 

It doesn't matter if you pack the hall with a thousand people yelling at the top of their voice.

 

What matters during the off seasons is "the deal." Not "the voters."

 

This i as big as are case imo it is biger then ares

[petoskeystoned]

Traverse City has nothing better to do. Speeding? Obviously he wasn't "high"...

[thanks2]

Traverse City has nothing better to do. Speeding? Obviously he wasn't "high"...

That was my first thought.